The operation of unmanned aircraft such as model aircraft and civil unmanned aircraft systems, commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil unmanned aircraft systems consistent with federal aviation rules and state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft.
(Ord. 1625 § 1, 2017)
For purposes of this chapter:
"Civil unmanned aircraft system"
shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.
"Emergency responder"
shall mean any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the state of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff's department, police department, marine safety department, or a private fire department, or of a disaster medical response entity sponsored or requested by this state, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services.
"Model aircraft"
shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
"Person"
shall mean any natural person, corporation, company, firm, association, organization, copartnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and officer, agent, employee and servant of any of the foregoing.
"Public unmanned aircraft system"
shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.
"Unmanned aircraft"
shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
"Unmanned aircraft system"
shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.
(Ord. 1625 § 1, 2017)
No person shall use an unmanned aircraft within city limits to engage in the business or the activity of filming, still photography production, taking or producing motion pictures on movie film or electronic video tape for educational, entertainment or other commercial purposes without first obtaining a permit pursuant to Chapter 5.66 of this code.
(Ord. 1625 § 1, 2017)
The following shall apply to the operation of any model aircraft or civil unmanned aircraft system within city boundaries:
(a) 
No person shall operate any model aircraft or civil unmanned aircraft system in a manner that is prohibited by any federal statute or regulation governing aeronautics.
(b) 
No person shall operate any model aircraft or civil unmanned aircraft system in violation of any temporary flight restriction or notice to airmen issued by the Federal Aviation Administration.
(c) 
No person shall operate any model aircraft or civil unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this subsection shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics, including but not limited to Federal Aviation Rule 91.13.
(d) 
No person shall operate any model aircraft or civil unmanned aircraft system to capture, record or transmit any visual image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a residence, inside a private office, and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.
(e) 
No person shall operate any model aircraft or civil unmanned aircraft system in a manner designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize or place in extreme mental or emotional distress any particular person, whether that person is located on public or private property. The conduct described in this subsection includes, but is not limited to, using a model aircraft or civil unmanned aircraft system to follow and film, video-record, live-stream or photograph a person who has not consented to such activity.
(f) 
No person shall operate any model aircraft or civil unmanned aircraft system within the airspace overlaying Heisler Park, Main Beach Park, Treasure Island Park, Irvine Bowl Park, Crescent Bay Park, Bluebird Park (only during the Sunday summer concert events in July and August), or a city beach (with the exception of over the ocean), without a valid Remote Pilot Certificate (RPC) issued by the FAA pursuant to 14 C.F.R. Part 107. An operator may present a copy of his or her RPC to the city, along with other information, on forms provided by the Laguna Beach police department.
(g) 
No person shall operate any model aircraft or civil unmanned aircraft system within the airspace overlaying City Hall, a city marine safety facility, a city police station, a city fire station, or the city public works corporation yard.
(h) 
No person shall operate any model aircraft or civil unmanned aircraft system in a manner that interferes with a parade or motorcade.
(i) 
No person shall operate any model aircraft or civil unmanned aircraft system in a manner that interferes with the operation, support, or enabling of emergency services by an emergency responder.
(j) 
No person shall operate any model aircraft or civil unmanned aircraft system which contains, or has affixed or attached to it, a weapon, gun, firearm, handgun, rifle, bb device, assault weapon, bomb, grenade, rocket, rocketpropelled projectile, any device or container assembled for the purpose of causing an explosion, or any other weapon.
(k) 
No person shall use any model aircraft or civil unmanned aircraft system for the purposes of molesting any wildlife.
(Ord. 1625 § 1, 2017)
This chapter shall not apply to an unmanned aircraft that is operated by the city in compliance with all federal laws and regulations and applicable city policies.
(Ord. 1625 § 1, 2017)
Violations of this chapter may be enforced by any means available to the city, including, but not limited to, criminal enforcement, civil action, and administrative citation.
(Ord. 1625 § 1, 2017)