Ceres Municipal Code Ch. 20 Drone Regulations

The purpose and intent of this chapter is to effectively regulate unmanned aircraft systems or drones within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of drones pursuant to the City's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where a drone incident could cause harm and injury. It is not intended to restrict persons operating commercial drones in compliance with all applicable FAA rules and other applicable laws, or outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA's enforcement authority.

(Ord. No. 2020-1056, § 1, 2-24-2020)

For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

City Manager's designee means the City Manager or any agent of the City as designated by the City Manager.

Emergency responder shall mean any person engaged in providing emergency services who is an agent of the City, the County of Stanislaus, a public agency, a law enforcement agency, the fire department, or a public safety organization.

FAA means the Federal Aviation Administration.

Person shall mean and include any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.

Special event shall mean any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer's markets, street faire, and other similar events.

Unmanned aircraft system or drone means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.

Visual line of sight refers to the ability of a drone operator to have a direct, unaided, and unobstructed view of the operator's controlled drone. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles, or other devices designed to provide a "first-person" view from the drone, do not constitute visual line of sight.

(Ord. No. 2020-1056, § 1, 2-24-2020)

No person shall operate any drone in a manner that is prohibited by any federal, State, or local regulations. The following shall apply to the operation of drones within the City:

A. No person shall operate any drone in the City beyond the visual line of sight of the person operating the drone.

B. No person shall operate any drone other than during daylight hours.

C. No person shall operate any drone more than 400 feet above the earth's surface and no faster than 50 miles per hour unless written proof of authorization to do so is obtained from the FAA and is provided to the City and verified.

D. Excluding takeoff and landing, no person shall operate any drone closer than 25 feet to any individual, except the operator or agents of the operator.

E. No person shall operate any drone under the influence of alcohol, cannabis, or any other drug or intoxicating compound.

F. No person shall operate any drone in a careless or reckless manner so as to endanger the life, safety, health, or welfare of another person or another person's property. 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, Public Utilities Code section 21407 and Federal Aviation rule 91.13, 14 C.F.R. 91.13.

G. No person shall operate any drone in a manner that violates an individual's reasonable expectation of privacy, as set forth by all applicable State laws, or record or transmit any visual image, sound recording, or other physical impression 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 the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck.

H. No person shall operate a drone in a manner that directly interferes with the lawful efforts of any emergency responder to respond to an emergency or to provide emergency services.

I. No person shall operate any drone that contains, or has affixed or attached to it, hazardous materials, a weapon, a firearm, a bb device, an explosive, a device or container assembled for the purpose of causing an explosion, or any other item that may be used as a weapon.

J. No person shall operate any drone in a way that interferes with manned aircraft, and the operator shall always yield to any manned aircraft.

K. No person shall operate any drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.

L. Excluding takeoff and landing, no person shall operate any drone less than 100 feet above any public street or sidewalk.

M. No person shall operate any drone within 500 feet of any other privately-owned drone. No person shall operate any drone within 1,500 feet of any other publicly owned drone. Any person operating a drone shall remain clear of, and not interfere with, any manned aircraft operations. Any person operating a drone shall see and avoid other aircraft and obstacles at all times.

N. No person shall operate any drone in a manner that interferes with a parade or motorcade.

O. Any person who causes injury to another person while operating a drone shall comply with the following:

1. The drone operator shall notify the City's Police Department of the injury within 24 hours of the incident.

2. The drone operator shall give the operator's name and current residential address to the City's Police Department, and shall also present a valid and unexpired form of identification issued by a State government or the United States federal government.

3. Each failure to report injury to another person as required by this Subsection shall constitute a separate violation of this chapter.

P. Any person who causes damage to the property of another person while operating a drone shall comply with the following:

1. The drone operator shall immediately locate and notify the owner or person in charge of the damaged property of the name and current residential address of the drone operator and of the owner of the drone involved. The drone operator shall also present a valid and unexpired form of identification issued by a State government or the United States federal government.

2. In the event the owner or person in charge of the damaged property cannot reasonably be ascertained or located, the drone operator shall leave in a conspicuous place on the property damaged a written notice giving the name and current residential address of the drone operator and of the owner of the drone involved, as well as a statement of the circumstances of the incident resulting in the property damage. The drone operator must also provide this information to the City Police Department within 24 hours of the incident.

3. Each failure to report an incident of property damage as required by this Subsection shall constitute a separate violation of this chapter.

Q. The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue "No Fly" proclamations prohibiting drone operations as necessary to protect public safety. "No Fly" proclamations shall specify the locations, dates, and times that drone operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. drone operators are required to verify whether a "No Fly" proclamation is in effect prior to initiating drone operations. No fly proclamations may be imposed citywide or limited to certain areas and may be in effect for certain times or for certain dates in their entirety, as necessary to protect public safety. It is a violation to operate a drone during "No Fly" hours, or to fail to immediately cease drone operations after being notified by an agent of a public safety agency that a "No Fly" restriction is in effect.

R. This chapter shall not prohibit the use of drones that both: (1) are flown in compliance with Section 336 of the federal Aviation Administration Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner's written consent.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Ports. No person shall operate a drone within five miles of any airport or nautical facility, unless authorized by the chief administrator of the facility in writing.

B. Government buildings. No person shall operate a drone within a 500-foot horizontal distance of any government building, unless authorized by the chief administrator of the building in writing.

C. City Hall. No person shall operate a drone within a 500-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

D. Courts. No person shall operate a drone within a 500-foot horizontal distance of any courthouse, unless authorized by the supervising judge of the courthouse in writing.

E. Jails. No person shall operate a drone within a 500-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

F. Police station. No person shall operate a drone within a 500-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police in writing.

G. Sheriff station. No person shall operate a drone within a 500-foot horizontal distance of any sheriff's station or structure, unless authorized by the Sheriff in writing.

H. Fire station. No person shall operate a drone within a 500-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief in writing.

I. Schools. No person shall operate a drone within a 500-foot horizontal distance of any school or school yard, while school is in session unless authorized by the principal or superintendent of the school in writing.

J. Public utility facilities. No person shall operate a drone within the airspace above or within a 500-foot horizontal distance of any public utility facility, including, but not limited to, any water, sewage, or electric generating facility, without the authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose).

K. Communication and utility lines. No person shall operate a drone within the airspace above, or within a 100-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or data, or upon or along any public way within the City, without the authorization of the owner or chief administrator of the equipment in writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).

L. Churches. No person shall operate a drone within the airspace above any open-air assembly area, place of worship, or public building or facility, without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose).

M. Private property. No person shall operate a drone within the airspace above any populated or developed private property, unless authorized by the property owner in writing. This Subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the United States of America, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise violating any law or ordinance.

N. Special events. No person shall operate a drone within a 500-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. The provisions of this chapter shall not apply to any drone that is used or operated by or on behalf of the City or any law enforcement, public safety, or government agency in compliance with all applicable federal, State, and local laws and policies.

B. This chapter shall not apply to any drones used by the City or any City-contracted agent or agency engaging in City business, including, but not limited to: flight training, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. In addition to the other requirements of this chapter, commercial drone operators must comply with all applicable FAA, federal, State, and local regulations while operating within the City.

B. A business license must be obtained from the City before commencing any commercial drone activities within the City. If commercial drone activities involve operating in, or passing through, multiple jurisdictions, the commercial drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.

C. Commercial drone operators must submit a report to the City prior to commencing commercial drone operations. The report must include the intended flight plan, areas of operation, and the purpose of the commercial operations.

(Ord. No. 2020-1056, § 1, 2-24-2020)

A. Any condition created, caused, committed, or maintained in violation of any provision of this chapter is hereby declared to be unlawful and a public nuisance.

B. Any person who engages in a violation of this chapter, or who owns, possesses, manages, controls, or has charge of any drone in violation of this chapter, shall be subject to the penalties and remedies provided by this chapter.

C. Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.

D. Any person in violation of any provision of this chapter may:

1. Be guilty of a misdemeanor, punishable by imprisonment of up to six months in County jail, or by a fine not exceeding $1,000.00, or by both; or

2. Be punished by an administrative fine pursuant to title 19.

E. Any intentional injury or property damage caused while operating a drone will be referred to the County District Attorney for criminal prosecution.

F. Upon any violation of this chapter, the City Manager's Designee, any Emergency Responder, or any other law enforcement officer (collectively "Officer") shall be authorized to use reasonable force to cause the violating drone to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a drone caused by an Officer while enforcing this chapter.

G. Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services.

H. Any drone found to be operated in violation of this chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this chapter. Any impounded drone will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee established by City Council resolution.

I. The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded drone shall be recoverable from the owner and operator of the drone. Proof of liability for any forfeiture petition under this chapter shall be by a preponderance of the evidence.

J. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.

(Ord. No. 2020-1056, § 1, 2-24-2020)