Del Mar Municipal Code Ch. 9.40 Regulation of Unmanned Aircraft Systems (UAS)

For the purposes of this Chapter:

A. "Unmanned Aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.

B. "Unmanned Aircraft System (UAS)" refers to any Unmanned Aircraft or drone and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft.

C. "Civil UAS" refers to an Unmanned Aircraft or Unmanned Aircraft System operated for any purposes other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of or incidental to, any business or media service or agency.

D. "Model UAS" refers to any Unmanned Aircraft or Unmanned Aircraft System operated by any person for hobby or recreational purposes.

E. "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes.

F. "Operator" means the individual piloting the Unmanned Aircraft.

G. "Operator's Assistants" means any individuals assisting with or piloting the Unmanned Aircraft with the Operator.

H. "FAA" means the Federal Aviation Administration.

I. "Emergency responder" means any first emergency responder including but not limited to law enforcement, firefighters, paramedics, or any emergency rescue service.

J. "Animal" means any pet or wildlife.

(Ord. No. 963, §§ 1, 2, 5-18-2020)

The following shall apply to any Model UAS or Civil UAS operating in the City at a point lower than within 400 feet from ground level or 400 feet from the top of a structure:

No person shall operate (fly or launch) any UAS or Model Aircraft:

A. No person shall operate any Model UAS or Civil UAS within the City in a manner that is prohibited by federal or state statute or regulation.

B. No person shall operate any Civil UAS for commercial use within the City without a City-issued Operations Permit for Commercial Filming.

C. No person shall takeoff, land or operate any Model UAS or Civil UAS within the airspace overlaying Seagrove Park, Powerhouse Park, Crest Ridge Park, the Scripps Bluffs Preserve, or a City beach (with the exception of over the ocean), without a City-issued Operations Permit.

D. No person shall takeoff, land or operate any Model UAS or Civil UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof.

E. No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any active law enforcement or emergency response incident in a manner that interferes with firefighting, police activity or other emergency response activity per California Penal Code Sections 148.2 and 402.

F. Excluding takeoff and landing, no person shall operate any Model UAS or Civil UAS within 25 feet of any individual except the Operator and any of the Operator's Assistants.

G. No person shall operate any Model UAS or Civil UAS in a careless or reckless manner that endangers the life or property of another.

H. No person shall operate any Model UAS or Civil UAS in a manner that serves to harass, stalk, disturb, frighten, intimidate, injure, threaten, victimize or otherwise cause mental or emotional distress to any person or animal on public or private property, including the capturing, recording, or transmission of any images, audio recordings, or any live or recorded videos of any person with a reasonable expectation of privacy.

I. No person shall operate any Model UAS or Civil UAS in the airspace above a school, during school hours or school events without prior written permission from school officials.

J. Operation of any Model UAS or Civil UAS in the airspace of the Fairgrounds must adhere to the policies and regulations of the 22 nd District Agricultural Association.

K. No person shall operate any Model UAS or Civil UAS that contains, or has attached, any type of weapon or explosive device.

L. No person shall operate any Model UAS or Civil UAS within the airspace of any City-owned facilities, including but not limited to, the Del Mar Civic Center, Public Works facilities and reservoirs, Powerhouse Community Center, Beach Safety Center, or any other public safety and/or law enforcement facility without prior written authorization from the City.

M. No person shall takeoff, land, or operate any Model UAS or Civil UAS within four hundred (400) feet of any publicly permitted events without prior notification and authorization from the City.

(Ord. No. 963, §§ 1, 2, 5-18-2020)

A. The provisions of section 9.40.020 do not apply to any UAS operated pursuant to and in compliance with the conditions of a valid film or special event permit issued by the City, or to any Public UAS.

B. This chapter shall not apply to any Public UAS that is operated by the City in compliance with all federal laws, regulations and applicable City policies for purposes including, but not limited to:

1. Search and rescue operations;

2. Damage assessments;

3. Law Enforcement purposes;

4. Managing special events;

5. Monitoring traffic;

6. Situational awareness of critical incidents;

7. Monitoring and managing wildfires;

8. Training and support for all previously mentioned scenarios;

9. Managing other City operations and Capital Investment Projects.

(Ord. No. 963, §§ 1, 2, 5-18-2020)

Enforcement of the provisions of this Title shall be accomplished in accordance with the procedures contained in Title 1 of this Code.

(Ord. No. 963, §§ 1, 2, 5-18-2020)

Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be in writing and signed by the complainant and shall fully state the location of the alleged violation, the cause of the complaint, and basis thereof. Upon receipt of a complaint, the enforcement officer shall cause an investigation of the alleged violation and take action thereon as provided by this Chapter.

(Ord. No. 963, §§ 1, 2, 5-18-2020)