Chapter 9.66 — UNMANNED AIRCRAFT

As used in this chapter, "unmanned aircraft" means a device that flies and is operated without the possibility of direct human intervention from within or on the aircraft.

(Ord. No. 942-2015, § 1, 12-21-2015)

(a)

No person shall operate an unmanned aircraft within 50 feet of a public right-of-way.

(b)

No person shall operate an unmanned aircraft in a manner that harasses, startles, or annoys pedestrians or vehicles, or threatens their safety and welfare.

(c)

No person shall operate an unmanned aircraft over any private real property located in the city in which the resident and/or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, a private residence or office, and its surrounding yard, parking lot, or landscaping).

(d)

No person shall use an unmanned aircraft to 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 private residence or office, and inside an enclosed yard).

(e)

No person shall use an unmanned aircraft to peek in the door or window of any inhabited building or structure without visible or lawful business with the owner or occupant.

(Ord. No. 942-2015, § 1, 12-21-2015)

This chapter shall not prohibit the use of any model aircraft which is flown in compliance with section 336 of the Federal Aviation Administration Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the city.

(Ord. No. 942-2015, § 1, 12-21-2015)

This chapter shall not prohibit the use of any unmanned aircraft by law enforcement or public safety agencies:

(a)

If a warrant is issued authorizing the use of an unmanned aircraft; or

(b)

For the purpose of providing emergency management, fire, or police protection services in response to a life threatening emergency, or for surveying the condition of persons or property during a duly declared state of emergency; or

(c)

Under circumstances where a warrant would not otherwise be required by law.

(Ord. No. 942-2015, § 1, 12-21-2015)

No person shall, through use of an unmanned aircraft, interfere with the lawful efforts of a firefighter or other public safety officer to extinguish a fire or respond to a medical or other emergency.

(Ord. No. 942-2015, § 1, 12-21-2015)

Unmanned aircraft owned and operated by the city or by city-contracted agent/agency is exempt from the provisions of this chapter while lawfully operated by city employees or city-contracted agent/agency engaged in city business, including but not limited to surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events. This section does not apply to use of unmanned aircraft by city public safety agencies, which must comply with section 9.66.040 of this Code.

(Ord. No. 942-2015, § 1, 12-21-2015)

Violation of any of the provisions of this chapter is a misdemeanor and shall be punishable as set forth in section 1.01.110 of this Code.

(Ord. No. 942-2015, § 1, 12-21-2015)