Indio Municipal Code Ch. 105 Drone Regulations

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

The purpose and intent of this Chapter is to effectively regulate unmanned aircraft and unmanned aircraft systems, commonly known as “Drones”, operated within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of unmanned aircraft and unmanned aircraft systems 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 the operation of unmanned aircraft and unmanned aircraft systems could cause harm and injury. This Chapter is not intended to restrict persons operating commercial unmanned aircraft and unmanned aircraft systems in compliance with all applicable FAA rules and other applicable laws, outside of prohibited sites. This Chapter is not intended to restrict persons operating unmanned aircraft and unmanned aircraft systems flown strictly for recreational purposes in compliance with all applicable FAA rules and other applicable laws, outside of protected sites.

Federal laws, state laws, and FAA rules and regulations are subject to change. Compliance with this Chapter may not constitute compliance with current, pending or future, federal laws, state laws or FAA rules and regulations. It is the responsibility of all persons operating, or involved in the operation of, unmanned aircraft and unmanned aircraft systems to ensure they are in compliance with all the legal duties that may be applicable to their involvement in the operation of any unmanned aircraft and unmanned aircraft systems.

This Chapter is not intended to preempt Federal laws, State laws or FAA rules and regulations, but to operate in conjunction with those rules to promote the safe and lawful operation of unmanned aircraft and unmanned aircraft systems within the City.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise, or if there is a conflict between a definition of this section and federal or state law, the definition set under federal or state law is controlling:

(A)

CITY MANAGER’S DESIGNEE

Means the City Manager or any agent of the City as designated by the City Manager.

(B)

EMERGENCY RESPONDER

Means any person engaged in providing emergency services who is an agent of the City, the County of Riverside, a public agency, a law enforcement agency, the fire department, or a public safety organization.

(C)

FAA

Means the Federal Aviation Administration.

(D)

PERSON

Means and includes 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 thereof acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.

(E)

SPECIAL EVENT

Means 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, and other similar events.

(F)

LAW ENFORCEMENT OFFICER

Means any person authorized under federal, state, or local laws to enforce the laws and regulations of the City of Indio, the State of California, or the United States of America.

(G)

DRONE

Means an unmanned aircraft.

(H)

UNMANNED AIRCRAFT

Means an aircraft operated without the possibility of direct human intervention from within or on the aircraft, as defined by Title 14 of the Code of Federal Regulations § 1.1, and California Government Code § 853.5.

(I)

UNMANNED AIRCRAFT SYSTEM

Means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system, as defined under Title 49 United States Code Annotated § 44801(12), 14 C.F.R. § 107.3 and California Government Code § 853.5.

(J)

SMALL UNMANNED AIRCRAFT

Means an unmanned aircraft weighing less than 55 pounds at takeoff. This weight includes everything that is on board or otherwise attached to the aircraft before and after takeoff, in accordance with 14 C.F.R. § 1.1, 14 C.F.R. § 170, 14 C.F.R. § 107.1, and 14 C.F.R. § 107.3.

(K)

SMALL UNMANNED AIRCRAFT SYSTEM

Means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system, as defined under 49 U.S.C.A. § 44801(12), 14 C.F.R. § 1.1, 14 C.F.R. § 107.3, and California Government Code § 853.5.

(L)

FOREIGN CIVIL AIRCRAFT

Means any aircraft of foreign registry that is not part of the armed forces of a foreign nation, or a U.S. registered aircraft owned, controlled, or operated by persons who are not citizens or permanent residents of the United States, as defined in 14 C.F.R. § 375.1, 14 C.F.R. § 375.11, and 14 C.F.R. § 375.10.

(M)

DECLARATION OF COMPLIANCE

Means a record submitted to the FAA that certifies the small unmanned aircraft conforms to the Category 2 or Category 3 requirements under 14 C.F.R. § 107.160, in accordance with 14 C.F.R. § 107.

(N)

REMOTE PILOT CERTIFICATE

Means a certificate issued pursuant to subpart C of 14 C.F.R. § 107 that satisfies all the requirements of 14 C.F.R. § 107.65 (See 14 C.F.R. § 107.52 through § 107.59).

(O)

REMOTE PILOT IN COMMAND

Means a person who holds a remote pilot certificate with a small unmanned aircraft system rating and has final authority and responsibility for the operation and safety of a small unmanned aircraft operation conducted in compliance with all provisions of 14 C.F.R. § 107 and all other federal, state, county, city or other regulations applicable to the date, time, location, and conditions of the small unmanned aircraft operation.

(P)

PERSON MANIPULATING CONTROLS

Means a person other than the remote pilot in command who is controlling or manipulating the flight or flight controls of a small unmanned aircraft in accordance with 14 C.F.R. § 107.12.

(Q)

VISUAL OBSERVER

Means a person who is designated by the remote pilot in command to assist the remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft to see and avoid other air traffic or objects in flight or on the ground, as defined under 14 C.F.R. § 107.3.

(R)

VISUAL LINE OF SIGHT

Means the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight controls (if one is used) of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight with vision that is unaided by any device other than corrective lenses, as defined under 14 C.F.R. § 107.31.

(S)

OPERATION WAIVER

Means the required official documentation, issued by the FAA under 14 C.F.R. § 11, 14 C.F.R. § 107.200, 14 C.F.R. § 107.205, 49 U.S.C.A. § 44807, or other applicable FAA provision, authorizing the operation of an unmanned aircraft in a way that falls outside the permissible operation limitations of federal regulations. An operation waiver is required to operate any unmanned aircraft weighing 55 pounds or more at takeoff, or during flight.

(T)

SPECIAL FLIGHT AUTHORIZATION FOR FOREIGN CIVIL AIRCRAFT

Means the required official documentation, issued by the FAA in accordance with 14 C.F.R. § 170.12(c), 14 C.F.R. § 170.13, 14 C.F.R. § 91.715, 14 C.F.R. § 357.11, or other applicable FAA provision, authorizing the operation of a foreign civil aircraft or a U.S. registered aircraft owned, controlled, or operated by persons who are not citizens or permanent residents of the United States.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

No person may operate a drone, unmanned aircraft, or small unmanned aircraft in a manner that is prohibited by any applicable federal, state, or local laws and regulations. In addition to all other applicable laws and regulations, the following shall apply to the operation of drones, unmanned aircrafts, and small unmanned aircrafts within the City of Indio:

(A) Preflight designation of remote pilot in command. In accordance with 14 C.F.R. § 107.19, a remote pilot in command must be designated before any flight of a drone, unmanned aircraft, or small unmanned aircraft.

(1) Requirements to qualify as a remote pilot in command. In accordance with 14 C.F.R. § 107.12 and California Public Utilities Code § 21409, no person may act as a remote pilot in command unless:

(a) That person has a remote pilot certificate with a small unmanned aircraft rating issued pursuant to 14 C.F.R. § 107.52 through § 107.79 and satisfies the requirements of 14 C.F.R. § 107.65; or

(b) The person is in possession of a valid FAA-issued operation waiver, or a special flight authorization for foreign civil aircraft, consistent with international standards, authorizing an airman to operate a civil foreign-registered small unmanned aircraft without an FAA-issued remote pilot certificate with a small unmanned aircraft system (UAS) rating.

(2) Inspection of remote pilot certificate. A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must have their remote pilot certificate, with a small UAS rating and identification containing the information listed at 14 C.F.R. § 107.67(b)(1) - (3), in that person's physical possession and readily accessible to present for inspection, upon the request of any federal, state, or local law enforcement officer, and authorized representative of the agencies identified in 14 C.F.R. § 107.7, California Public Utilities Codes § 21410, § 21252, and all other applicable federal, state and local regulations.

(3) Inspection of operation waiver. A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system under an operation waiver, or a special flight authorization for foreign civil aircraft, must have the operation waiver in their physical possession and readily accessible to present for inspection, upon the request of any federal, state, or local law enforcement officer, in accordance with 14 C.F.R. § 107, California Public Utilities Codes § 21410, § 21252, and all other applicable federal, state and local regulations.

(4) General duties of a remote pilot in command. In accordance with 14 C.F.R. § 107.19, a remote pilot in command has the following duties:

(a) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system.

(b) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the small unmanned aircraft for any reason.

(c) The remote pilot in command must ensure that the drone or small unmanned operation complies with all applicable regulations of this chapter and all applicable FAA regulations.

(d) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter.

(B) Inspection, testing and demonstration before operation. The remote pilot in command, visual observer, owner, operator, or person manipulating the flight controls of a small unmanned aircraft system must, upon request of law enforcement, allow any test or inspection of the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with all applicable FAA regulations, in accordance with 14 C.F.R. § 107.7.

(C) Preflight remote pilot in command procedure. In accordance with 14 C.F.R. § 107.49, before any flight of a small unmanned aircraft, the remote pilot in command must do all of the following:

(1) The remote pilot in command must assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air. This assessment must include:

(a) Local weather conditions; and

(b) Local airspace and any flight restrictions; and

(c) The location of persons and property on the surface; and

(d) Other ground hazards.

(2) The remote pilot in command must ensure that all persons directly participating in the small unmanned aircraft operation are informed about the operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards; and

(3) The remote pilot in command must ensure that all control links between the ground control station and the small unmanned aircraft are working properly; and

(4) If the small unmanned aircraft is powered, the remote pilot in command must ensure that there is enough available power for the small unmanned aircraft system to operate for the intended operational time; and

(5) The remote pilot in command must ensure that any object attached or carried by the small unmanned aircraft is secure and does not adversely affect the flight characteristics or controllability of the aircraft; and

(6) If the operation will be conducted over human beings, the remote pilot in command must ensure that the aircraft meets the requirements of 14 C.F.R. § 107.110, § 107.120(a), § 107.130(a), or § 107.140, as applicable; and

(7) In accordance with 14 C.F.R. § 107.15, no person may operate a civil small unmanned aircraft system unless it is in a condition for safe operation. Before each flight, the remote pilot in command must check the small unmanned aircraft system to determine whether it is in a condition for safe operation.

(D) Person manipulating controls. In accordance with 14 C.F.R. § 107.12, no person may manipulate the flight controls of a small unmanned aircraft system unless:

(1) That person has a remote pilot certificate with a small unmanned aircraft rating issued pursuant to 14 C.F.R. § 107.52 through § 107.79 and satisfies the requirements of 14 C.F.R. § 107.65; or

(2) That person is under the direct supervision of a remote pilot in command and the remote pilot in command can immediately take direct control of the flight of the small unmanned aircraft.

(E) Use of a visual observer. In accordance with 14 C.F.R. § 107.33, if a visual observer is used during the aircraft operation, all of the following requirements must be met:

(1) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times.

(2) The remote pilot in command must ensure that the visual observer is able to maintain a continuous visual line of sight of the unmanned aircraft throughout the entire flight with vision that is unaided by any device other than corrective lenses, in accordance with 14 C.F.R. § 107.31.

(3) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following:

(a) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and

(b) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.

(F) General operation requirements during flight. The remote pilot in command, and the person manipulating the flight controls of the small unmanned aircraft system, must comply with all of the operating regulations under 14 C.F.R. § 107, and all other applicable FAA regulations when operating a drone, unmanned aircraft, or small unmanned aircraft, including but not limited to:

(1) Required certification and registration. In accordance with 14 C.F.R. § 107.13, a person operating a drone, unmanned aircraft, or small unmanned aircraft, for purposes of flight, must ensure the drone, unmanned aircraft, or small unmanned aircraft complies with all applicable FAA certification and registration requirements, including but not limited to the provisions of 14 C.F.R. § 91.203(a)(2) and California Public Utilities Code § 21411.

(2) Operation limitations during flight. In accordance with 14 C.F.R. § 107.51 and all other applicable federal, state, and local regulations, a remote pilot in command, and the person manipulating the flight controls of the small unmanned aircraft system, must comply with all of the following operating limitations when operating a small unmanned aircraft system:

(a) The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour).

(b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft is flown within a 400-foot radius of a structure; and does not fly higher than 400 feet above the structure's immediate uppermost limit.

(c) The minimum flight visibility, as observed from the location of the control station, must be no less than three statute miles. For purposes of this section, “flight visibility” means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.

(d) The minimum distance of the small unmanned aircraft from clouds must be no less than 500 feet below the cloud and 2,000 feet horizontally from the cloud.

(3) Medical condition. In accordance with 14 C.F.R. § 107.17, no person may manipulate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if they know or have reason to know that they have a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system.

(4) Alcohol or drugs. No person may manipulate the flight controls of a small unmanned aircraft system, or act as a remote pilot in command, or a visual observer within eight hours after the consumption of any alcoholic beverage; while under the influence of alcohol; while using any drug that affects the person's faculties in a way contrary to safety; or while having an alcohol concentration of 0.04 or greater in a blood or breath specimen, in accordance with 14 C.F.R. § 107.27, 14 C.F.R. § 91.17 and California Public Utilities Codes § 21407.1, § 21415.

(a) Submission to testing related to alcohol or drugs. A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer shall, upon request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, or the presence of any drug in the blood, in accordance with 14 C.F.R. § 107.59, 14 C.F.R. § 91.17, and California Public Utilities Codes § 21407.2 and § 21252.

(b) Refusal of testing. The law enforcement officer requesting a person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer to submit to a chemical test of the blood, breath, or urine in accordance with this section, shall report any person manipulating the flight controls of a small unmanned aircraft system, or acting as a remote pilot in command, or visual observer refusing to submit to the chemical test to the Federal Aviation Administration for appropriate administrative action in accordance with 14 C.F.R. § 107.57, 14 C.F.R. § 107.59, 14 C.F.R. § 91.17, and California Public Utilities Codes § 21407.2.

(5) Operation of multiple unmanned aircraft. In accordance with 14 C.F.R. § 107.35, a person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one drone, unmanned aircraft, or small unmanned aircraft at the same time, unless the operation is in accordance with a valid operation waiver.

(6) Operation near aircraft. In accordance with 14 C.F.R. § 107.37, no person may operate a drone, unmanned aircraft, or small unmanned aircraft so close to another aircraft as to create a collision hazard. Each drone, unmanned aircraft, or small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the drone, unmanned aircraft, or small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

(7) Interference with airports and heliports. In accordance with 14 C.F.R. § 107.43 and all other applicable federal regulations, no person may operate a drone, unmanned aircraft, or small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport or heliport.

(8) Operation in certain airspace. In accordance with 14 C.F.R. § 107.41, and all other applicable FAA regulations, no person may operate a drone, unmanned aircraft, or small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from the applicable Air Traffic Control.

(a) Class B, C, D, and E airspace are defined under 14 C.F.R. § 71.

(9) Flight restrictions in the proximity of certain areas designated by notice to airmen. A person acting as a remote pilot in command must comply with the provisions of 14 C.F.R. § 91.137 through § 91.145 and 14 C.F.R. § 99.7.

(10) Carriage of hazardous materials. In accordance with 14 C.F.R. § 107.36, a drone, unmanned aircraft, or small unmanned aircraft may not carry hazardous material. For purposes of this section, the term “hazardous material” is defined in 49 C.F.R. § 171.8.

(11) Carriage of controlled substances and alcohol. No person may operate a drone, unmanned aircraft, or small unmanned aircraft with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in, on, or by the drone, unmanned aircraft, or small unmanned aircraft, in accordance with 14 C.F.R. § 91.19 and 14 C.F.R. § 107.57. This section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.

(12) Operation from a moving vehicle. In accordance with 14 C.F.R. § 107.25, no person may operate a drone, unmanned aircraft, or small unmanned aircraft from a moving aircraft, or from a moving land or water-borne vehicle unless:

(a) The small unmanned aircraft is flown over a sparsely populated area and is not transporting another person's property for compensation or hire; or

(b) The operation is done in compliance with a valid operation waiver.

(G) Operations over human beings. Except as provided in 14 C.F.R. § 107.39(a), § 107.39(b) and§ 107.145, a remote pilot in command may conduct operations over human beings only in accordance with the following, as applicable: 14 C.F.R. § 107.110 for Category 1 operations; 14 C.F.R. § 107.115 and 14 C.F.R. § 107.120 for Category 2 operations; 14 C.F.R. §. 107.125 and 14 C.F.R. § 107.130 for Category 3 operations; or 14 C.F.R. § 107.140 for Category 4 operations.

(1) Operation over human beings. Pursuant to 14 C.F.R. § 107.39, no person may operate a small unmanned aircraft over a human being unless:

(a) That human being is directly participating in the operation of the small unmanned aircraft; or

(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or

(c) The operation meets the requirements of at least one of the operational categories specified in 14 C.F.R. § 107.100-165; or

(d) The operation is done in compliance with a valid operation waiver.

(2) Operation over human beings in moving vehicles. Pursuant to 14 C.F.R. § 107.145, no person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the following conditions are met:

(a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations.

(b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the operation must remain within or over a closed-or restricted-access site, and all human beings located inside a moving vehicle within the closed-or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or must not maintain sustained flight over moving vehicles.

(c) For a Category 4 operation, the small unmanned aircraft must have an airworthiness certificate issued by the FAA and be operated in accordance with the operating limitations approved by the FAA.

(3) Category 1 operations - 14 C.F.R. § 107.110.

(a) A remote pilot in command must use a small unmanned aircraft that weighs 0.55 pounds or less on takeoff and throughout the duration of each operation under Category 1, including everything that is on board or otherwise attached to the aircraft, and does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being.

(b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either 14 C.F.R. § 89.110 or 14 C.F.R. § 89.115(a).

(4) Category 2 operations. In accordance with 14 C.F.R. § 107.120, to be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced, or modified such that it meets all of the following requirements:

(a) Characteristics. In accordance with 14 C.F.R. § 107.120(a), the small unmanned aircraft will not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object; does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and does not contain any safety defects.

(b) Labeling. In accordance with 14 C.F.R. § 107.120(b)(1), the small unmanned aircraft must display a label on the small unmanned aircraft indicating eligibility to conduct Category 2 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft.

(c) Compliance. In accordance with 14 C.F.R. § 107.120(b)(2) and (3), the small unmanned aircraft must meet all of the requirements of 14 C.F.R. § 107.120(b) and have the necessary declaration of compliance.

(d) In accordance with 14 C.F.R. § 107.115, A remote pilot in command must use a small unmanned aircraft that is eligible for Category 2 operations pursuant to 14 C.F.R. § 107.120(a); and is listed on an FAA accepted declaration of compliance as eligible for Category 2 operations in accordance with 14 C.F.R. § 107.160; and is labeled as eligible to conduct Category 2 operations in accordance with 14 C.F.R. § 107.120(b)(1).

(e) Operation requirements. No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either 14 C.F.R. § 89.110 or 14 C.F.R. § 89.115(a).

(5) Category 3 operations. In accordance with 14 C.F.R. § 107.130, to be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it meets all of the following requirements:

(a) Characteristics. In accordance with 14 C.F.R. § 107.130(a), the small unmanned aircraft will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object; does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and does not contain any safety defects.

(b) Labeling. In accordance with 14 C.F.R. § 107.130(b)(1), the small unmanned aircraft must display a label on the small unmanned aircraft indicating eligibility to conduct Category 3 operations. The label must be in English and be legible, prominent, and permanently affixed to the small unmanned aircraft.

(c) Compliance. In accordance with 14 C.F.R. § 107.130(b)(2) and (3), the small unmanned aircraft must meet all of the requirements of 14 C.F.R. 107.130(b) and have the necessary declaration of compliance.

(d) Operation requirements. In accordance with 14 C.F.R. § 107.125, to conduct Category 3 operations, a remote pilot in command must use a small unmanned aircraft that is eligible for Category 3 operations pursuant to § 107.130(a); is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in accordance with § 107.160; and is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1).

(e) Operation limitations. In accordance with 14 C.F.R. § 107.125, to conduct Category 3 operations, a remote pilot in command must not operate the small unmanned aircraft over open-air assemblies of human beings; and may only operate the small unmanned aircraft above any human being if the operation is within or over a closed-or restricted-access site and all human beings located within the closed-or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or the small unmanned aircraft does not maintain sustained flight over any human being unless that human being is directly participating in the operation of the small unmanned aircraft; or is located under a covered structure, or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

(6) Labeling by remote pilot in command for Category 2 and Category 3 operations. In accordance with 14 C.F.R. § 107.135, if a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote pilot in command must label the aircraft in English such that the label is legible, prominent, and will remain on the small unmanned aircraft for the duration of the operation before conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the small unmanned aircraft is qualified to conduct in accordance with 14 C.F.R. § 107.100 through 14 C.F.R. § 107.165.

(7) Category 4 operations. In accordance with 14 C.F.R. § 107.140, to be eligible for use in Category 4 operations over human beings, the small unmanned aircraft must meet all of the following requirements:

(a) In accordance with 14 C.F.R. § 107.140(b), the small unmanned aircraft must have an airworthiness certificate issued by the FAA and be operated in accordance with the operating limitations approved by the FAA.

(b) In accordance with 14 C.F.R. § 107.140(b)(3) and 14 C.F.R. § 107.140(b)(c), the owner of the small unmanned aircraft must have maintenance, preventive maintenance, alterations, or inspections performed on the small unmanned aircraft in compliance with 14 C.F.R. § 107.140, and the owner must maintain all records of maintenance, preventive maintenance, and alterations performed on the aircraft.

(c) In accordance with 14 C.F.R. § 107.140(d), compliance with 14 C.F.R. § 43 and part 14 C.F.R. § 91.401 through 14 C.F.R. § 91.421, fulfills the requirements in paragraphs 14 C.F.R. § 107.140(b)(3) and 14 C.F.R. § 107.140(c).

(8) Operating in multiple categories. In accordance with 14 C.F.R. § 107.150, a small unmanned aircraft system may be eligible for one or more categories of operation over human beings under this subpart, as long as a remote pilot in command cannot inadvertently switch between modes or configurations.

(H) Night operations. In accordance with 14 C.F.R. § 107.29, no person may operate a small unmanned aircraft at night unless:

(1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under 14 C.F.R. § 107.65 after April 6, 2021; and

(2) The small unmanned aircraft has lighted anti-collision lighting visible for at least three statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if they determine that, because of operating conditions, it would be in the interest of safety to do so; or

(3) The person is operating under a valid operation waiver issued after May 17, 2021.

(I) Twilight operations. In accordance with 14 C.F.R. § 107.29, no person may operate a small unmanned aircraft during civil twilight unless:

(1) The small unmanned aircraft has lighted anti-collision lighting visible for at least three statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if they determine that, because of operating conditions, it would be in the interest of safety to do so.

(2) For purposes of this section, civil twilight is the 30 minutes before official sunrise and the 30 minutes after official sunset.

(J) Hazardous operation. In accordance with 14 C.F.R. § 107.15 and California Public Utilities Code § 21407, no person may:

(1) Operate a drone, unmanned aircraft, or small unmanned aircraft in a careless or reckless manner so as to endanger the life or property of another.

(2) Allow an object to be dropped from a drone, unmanned aircraft, or small unmanned aircraft in a manner that creates an undue hazard to persons or property.

(3) Hazardous operation of a drone, unmanned aircraft, or small unmanned aircraft includes any operation in violation of applicable federal, state, or local laws and regulations, including but not limited to, the operation of a drone, unmanned aircraft, or small unmanned aircraft without the required certification, registration, operation waiver, permit, written authorization, records, or other necessary documentation for the operation of the drone, unmanned aircraft, or small unmanned aircraft under the circumstances.

(4) In any proceeding charging operation of a drone, unmanned aircraft, or small unmanned aircraft in violation of this section, the court in determining whether the operation was careless or reckless, may consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

(5) No person may continue flight of a drone, unmanned aircraft, or small unmanned aircraft when they know or have reason to know that the drone, unmanned aircraft, or small unmanned aircraft is no longer in a condition for safe operation.

(K) Invasion of privacy. No person may operate a drone, unmanned aircraft, or small unmanned aircraft 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 of Indio 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. (See California Civil Code § 1708.8 and § 3480)

(L) Interference with personnel at the scene of an emergency. In accordance with California Penal Code § 402, no person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, in a manner that impedes the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with an emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person's employment to operate a drone, unmanned aircraft, or small unmanned aircraft to view that scene or those activities.

(M) Weapons. No person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, 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.

(N) Public areas. No person may operate a drone, unmanned aircraft, or small unmanned aircraft, within the City of Indio, over any public street, park, sidewalk, hiking trail, railway, parking lots or any other public areas in the City of Indio where people or vehicles travel or gather, unless the operation is in accordance with all applicable federal, state, and local regulations.

(O) Private property. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above any private property unless:

(1) The operation is conducted in compliance with the express written consent of the property owner, or if the property is being rented, with the express written consent of the current tenant of the property.

(2) Any operation of a drone, unmanned aircraft, or small unmanned aircraft over private property must comply with all applicable federal, state, and local regulations.

(P) Commercial property. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above any commercial property unless:

(1) The operation is conducted with the express written consent of the property owner, or if the property is being rented, with the express written consent of the current tenant of the property.

(2) Any operation of a drone, unmanned aircraft, or small unmanned aircraft over commercial property must comply with all applicable federal, state, and local regulations.

(Q) Injury. Any person who causes injury to another person while operating a drone, unmanned aircraft, or small unmanned aircraft shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the following:

(1) The operator shall notify the Indio Police Department of the injury within 24 hours of the incident.

(2) The 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 the United States federal government, a state government, or foreign government.

(3) The operator shall render to any person injured during the incident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

(4) Each failure to report injury to another person as required by this section shall constitute a separate violation of this Chapter.

(5) Compliance with this section does not constitute compliance with any other reporting requirements or mandatory duties required under federal, state, or local laws and regulations. It is the responsibility of all persons involved in any operation of a drone, unmanned aircraft, or small unmanned aircraft to ensure they are in compliance with all applicable legal duties that may be applicable to their role in the operation of any drone, unmanned aircraft, or small unmanned aircraft.

(R) Property damage. Any person who causes damage to the property of another person while operating a drone, unmanned aircraft, or small unmanned aircraft shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the following:

(1) The operator of the drone, unmanned aircraft, or small unmanned aircraft shall immediately locate and notify the owner or person in charge of the damaged property; and

(2) Provide the owner or person in charge of the damaged property the full name and address of the operator and owner of the drone, unmanned aircraft, or small unmanned aircraft involved; and

(3) Upon request, the operator of the drone, unmanned aircraft, or small unmanned aircraft shall also present the owner or person in charge of the damaged property all of the following applicable information:

(a) The operator's remote pilot certificate; or

(b) Proof the operator has passed an aeronautical knowledge and safety test described in subsection 49 U.S.C. § 44809(g); or

(c) A valid operation waiver; or

(d) Other documentation authorizing the operation of the drone, unmanned aircraft, or small unmanned aircraft involved; and

(e) The registration and identification information of the drone, unmanned aircraft, or small unmanned aircraft involved; and

(f) A valid and unexpired form of identification issued by the United States federal government, a state government, or foreign government.

(g) The information presented shall include the current residence address of the operator and owner of the drone, unmanned aircraft, or small unmanned aircraft involved.

(4) If the operator of the drone, unmanned aircraft, or small unmanned aircraft is unable to locate and notify the owner or person in charge of the damaged property they shall leave in a conspicuous place on the property damaged a written notice giving the name and address of the operator and of the owner of the drone, unmanned aircraft, or small unmanned aircraft involved and a statement of the circumstances thereof. The operator must also provide this information to the City's Police Department within 24 hours of the incident.

(5) The operator of the drone, unmanned aircraft, or small unmanned aircraft shall take reasonable steps to determine the value of the damage and if the value of the damage to the property involved exceeds $1,000, the operator shall notify the City's Police Department within 24 hours of determining, or being informed of, the value of the damage.

(6) Each failure to report an incident of property damage as required by this section shall constitute a separate violation of this Chapter.

(7) Compliance with this section does not constitute compliance with any other reporting requirements or mandatory duties required under federal, state, or local laws and regulations. It is the responsibility of all persons involved in any operation of a drone, unmanned aircraft, or small unmanned aircraft to ensure they are in compliance with all applicable legal duties that may be applicable to their role in the operation of any operation of a drone, unmanned aircraft, or small unmanned aircraft.

(S) No Fly proclamations. The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue "No Fly" proclamations prohibiting drone, unmanned aircraft, or small unmanned aircraft operations in the City of Indio as necessary to protect public safety. No Fly proclamations shall specify the locations, dates, and times that drone, unmanned aircraft, or small unmanned aircraft operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. Operators of drones, unmanned aircraft, or small unmanned aircraft are required to verify whether a No Fly proclamation is in effect prior to initiating drone, unmanned aircraft, or small unmanned aircraft 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, unmanned aircraft, or small unmanned aircraft during No Fly hours, or to fail to immediately cease drone, unmanned aircraft, or small unmanned aircraft operations after being notified by law enforcement or an agent of a public safety agency that a No Fly restriction is in effect.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

(A) Operations in protected sites. In accordance with 14 C.F.R. § 107.45, no person may operate a drone, unmanned aircraft, or small unmanned aircraft in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate.

(1) City government buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any city government building, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the chief administrator of the building.

(c) The remote pilot in command must have the written authorization in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the chief administrator of the building, City Manager, or other designated representative of the City of Indio.

(2) City hall. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of City Hall, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the City Manager or other designated representative of the City of Indio.

(c) The remote pilot in command must have the written authorization in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the chief administrator of the building, the City Manager or the designated representative of the City of Indio.

(3) Courts. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any courthouse or courthouse facilities that are operated, controlled, owned or managed by the State of California or the Judicial Council of California, unless:

(a) The operation is in compliance with all applicable federal, state and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the designated representative of the State of California or the Judicial Council of California.

(c) The remote pilot in command must have the written authorization of the designated representative of the State of California or the Judicial Council of California in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, judge or commissioner of the courthouse, or the designated representative of the State of California or the Judicial Council of California.

(4) Jails, juvenile hall, and other custody facilities. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any juvenile hall, jail, prison, or other custody facility, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the Riverside County Sheriff's Department or the California Department of Corrections and Rehabilitation.

(c) The remote pilot in command must have the written authorization of the Riverside County Sheriff's Department or the California Department of Corrections in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, or representative of the of the Riverside County Sheriff's Department or the California Department of Corrections and Rehabilitation. (See California Penal Code § 4577).

(5) Police stations. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any Indio police station, structure, or facility, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the Chief of Police or the designated representative of the Indio Police Department.

(c) The remote pilot in command must have the written authorization of the Chief of Police, or the designated representative of the Indio Police Department, in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the Indio Police Department.

(6) Sheriff stations. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any Riverside County Sheriff's station or structure, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the Riverside County Sheriff's Department.

(c) The remote pilot in command must have the written authorization of the Riverside County Sheriff's Department in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the Riverside County Sheriff's Department.

(7) Fire stations. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any fire station, structure, or facility, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the Fire Department.

(c) The remote pilot in command must have the written authorization of the Fire Department in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the Fire Department.

(8) Schools. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any school building, property, or facility unless:

(a) The operation is in compliance with all applicable federal, state and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the principal or superintendent of the school.

(c) The remote pilot in command must have the written authorization of the principal or superintendent of the school in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, school staff, or representative of the school or school district.

(9) Public utility facilities. No person may operate a drone, unmanned aircraft, or small unmanned aircraft 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, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the public utility facility.

(c) The remote pilot in command must have the written authorization of the public utility facility in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the public utility facility.

(10) Communication and utility lines. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-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, within the City, unless:

(a) The operation is in compliance with all applicable federal, state and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the chief administrator of the equipment.

(c) The remote pilot in command must have the written authorization of the chief administrator of the equipment in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, or chief administrator of the equipment.

(11) Religious institutions. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any place of worship, building, facility, or property owned, rented or operated by a religious institution, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the designated representative of the religious institution.

(c) The remote pilot in command must have the written authorization of the designated representative of the religious institution in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the religious institution.

(12) Hospitals. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any hospital building or facility, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the hospital administrator or authorized representative of the hospital.

(c) The remote pilot in command must have the written authorization of the hospital administrator or authorized representative of the hospital, in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or hospital staff.

(13) County buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the County of Riverside, unless:

(a) The operation is in compliance with all applicable federal, state and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the designated representative of the County of Riverside.

(c) The remote pilot in command must have the written authorization of the designated representative of the County of Riverside in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or employee of the County of Riverside.

(14) State buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the State of California, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the designated representative of the State of California.

(c) The remote pilot in command must have the written authorization of the State of California in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the State of California.

(15) Federal buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the United States of America, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the designated representative of the United States of America.

(c) The remote pilot in command must have the written authorization of the designated representative of the United States of America in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the United States of America.

(16) Special events. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 500-foot horizontal distance of any special event held in the City, unless:

(a) The operation is in compliance with all applicable federal, state, and local laws and regulations; and

(b) Is operating in compliance with the written authorization of the City Manager or their designee.

(c) The remote pilot in command must have the written authorization of the City Manager or their designee in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the City Manager or their designee.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

(A) In accordance with 14 C.F.R. § 48.15 and 49 U.S.C.A. § 44809, a person may operate a drone or unmanned aircraft in the City of Indio without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:

(1) The aircraft weighs 0.55 pounds (250 grams) or less on takeoff, including everything that is on board or otherwise attached to the aircraft.

(2) The aircraft is flown strictly for recreational purposes.

(3) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.

(4) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

(5) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.

(6) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

(7) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.

(8) The operator has passed an aeronautical knowledge and safety test described in subsection 49 U.S.C. § 44809(g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

(B) Drone or unmanned aircraft operations that do not comply with all of the requirements in this section must comply with all federal, state, and local laws and regulations generally applicable to drones, unmanned aircraft, and small unmanned aircraft, including but not limited to registration requirements, and obtaining operating authority from the Federal Aviation Administration.

(C) The provisions of this Chapter shall not apply to any drone, unmanned aircraft, or small unmanned aircraft that is used or operated 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 regulations.

(D) The provisions of this Chapter shall not apply to any aircraft that is used or operated on behalf of the Armed Forces of the United States.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

(A) In addition to the other requirements of this Chapter, commercial drone, unmanned aircraft, or small unmanned aircraft operators must comply with all applicable federal, state, and local laws and regulations while operating within the City.

(B) A business license must be obtained from the City before commencing any commercial drone, unmanned aircraft, or small unmanned aircraft activities within the City. If commercial drone, unmanned aircraft, or small unmanned aircraft activities involve operating in, or passing through, multiple jurisdictions, the commercial drone, unmanned aircraft, or small unmanned aircraft 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, unmanned aircraft, or small unmanned aircraft operators must submit a request for approval at least ten business days to the City before commencing any commercial drone, unmanned aircraft, or small unmanned aircraft operations. The request for approval must include all of the following:

(1) The intended flight plan; and

(2) The date of the operation; and

(3) If the operation will be done during the day or night; and

(4) If the operation will be done over human beings; and

(5) If the operation will be done over vehicles; and

(6) Any FAA approved operation waiver; and

(7) Number of drones, unmanned aircraft, or small unmanned aircraft; and

(8) All required registration, identification and certification numbers for all drones, unmanned aircraft, or small unmanned aircraft being used during the operation; and

(9) The full names of all remote pilots, visual observers (if used), or persons manipulating controls (if used); and

(10) A copy of all remote pilot certificates for all remote pilots participating in the operation.

(D) Before approval the remote pilot in command, visual observer, owner, operator, or person manipulating the flight controls of a small unmanned aircraft system must, upon request of the City, allow any test or inspection of the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with all applicable federal, state, and local laws and regulations, and this Chapter, in accordance with 14 C.F.R. § 107.7 and 14 C.F.R. § 107.45.

[Ord. 1731, 3-7-2018; Ord. 1790, 2-15-2023]

(A) Any drone, unmanned aircraft, or small unmanned aircraft operated in violation of any provision of this Chapter is hereby declared to be a public nuisance.

(B) Any unmanned aircraft system, or small unmanned aircraft system operated in violation of any provision of this Chapter is hereby declared to be unlawful and a public nuisance.

(C) Any party who engages in a violation of this Chapter, or who owns, possesses, manages, controls, operates, or has charge of any drone, unmanned aircraft, or small unmanned aircraft in violation of this Chapter, shall be subject to the penalties and remedies provided by this Chapter.

(D) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.

(E) Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and by imprisonment of up to six months in jail.

(F) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.

(G) Any intentional injury or property damage caused while operating a drone, unmanned aircraft, or small unmanned aircraft, that is otherwise in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter.

(H) Any injury or property damage caused while operating a drone, unmanned aircraft, or small unmanned aircraft, that is not in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter.

(I) 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 in the course of the lawful performance of their duties to cause any violating drone, unmanned aircraft, or small unmanned aircraft to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a drone, unmanned aircraft, or small unmanned aircraft caused by an Officer if such damage was reasonably necessary to the enforcement of this Chapter. (See California Penal Code § 402, California Government Codes § 820.2, § 853 and § 853.1)

(J) Neither the City, nor any Emergency Responders involved, shall be liable for any damage to any drone, unmanned aircraft, or small unmanned aircraft caused by an Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services. (See California Government Codes § 820.2, § 853 and § 853.1)

(K) Any drone, unmanned aircraft, or small unmanned aircraft 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, unmanned aircraft, or small unmanned aircraft will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee as set forth by separate resolution.

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

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