Chapter 11 — REGULATION OF DRONES AND UNMANNED AIRCRAFT SYSTEMS

As used in this Chapter:

A.

"Unmanned Aircraft" 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.

B.

"Unmanned Aircraft System (UAS)" means an unmanned aircraft and associated elements, including communication links and the components that control the aircraft, required for safe and efficient operation.

C.

"Drone" refers to any UAS.

D.

"Operate" means to pilot, steer, direct, fly, or manage a UAS, whether remotely or otherwise.

E.

"Commercial Use" means the use of a UAS for monetary or business gain.

F.

"Emergency Personnel" means law enforcement officers, firefighters, and other public safety personnel acting within the scope of their official duties.

(Ord. No. 405, § 2, 11-10-25)

Except as otherwise provided in this Chapter, it shall be unlawful for any person to operate a UAS:

A.

Over private property without the express written permission of the property owner or legal occupant.

B.

Over any City-owned property, including but not limited to City Hall, parks, streets, equestrian trails, and open spaces, without prior written authorization from the City Manager or designee.

C.

ln a manner that interferes with law enforcement, fire, or emergency operations. Drones shall not be flown during Red Flag Warnings or in active evacuation zones to prevent interference with emergency operations and air support.

D.

To harass, surveil, stalk, or otherwise intrude upon the reasonable expectation of privacy of any person.

E.

To photograph, record, or transmit images or audio of any individual without their consent, where such use violates their reasonable expectation of privacy.

F.

While under the influence of alcohol or any controlled substance.

G.

In any manner that is prohibited by any federal or state statute or regulation.

(Ord. No. 405, § 2, 11-10-25)

The following activities are exempt from the restrictions of this Chapter:

A.

Use of a UAS by Emergency Personnel for emergency response, search and rescue, or training purposes.

B.

Use of a UAS for commercial use, media, or event-based drone operations that has received a Certificate of Waiver or Authorization (COA) or Part 107 Remote Pilot Certificate from the Federal Aviation Administration (FAA) and written authorization from the City Manager or designee.

C.

Use of a UAS by a resident over their own property or with written consent from the property owner, so long as it complies with FAA regulations and does not violate Section 4-11-020.

D.

Use of any UAS weighing less than .55 pounds.

(Ord. No. 405, § 2, 11-10-25)

A.

Any person seeking to operate a UAS for a special event, filming, or public exhibition must obtain a UAS Permit from the City.

B.

Permit applications must be submitted to the City at least 14 days prior to the proposed use and must include proof of FAA authorization and liability insurance.

(Ord. No. 405, § 2, 11-10-25)

Any person who violates this Chapter shall be guilty of a misdemeanor and subject to the penalties set forth in Section 1-5-1A. of this Code, unless the violation is prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor, in which case such person is guilty of an infraction and shall be subject to the penalties set forth in Section 1-5-1B. of this Code.

(Ord. No. 405, § 2, 11-10-25)

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect.

(Ord. No. 405, § 2, 11-10-25)