Los Gatos Municipal Code Art. IX Drones and Unmanned Aircraft Systems

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Commercial UAS shall mean an unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.

(2) Drone refers to any UAS.

(3) FAA means the Federal Aviation Administration.

(4) Model UAS shall mean an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.

(5) Person shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

(6) Public UAS shall mean an unmanned aircraft or unmanned aircraft system operated by any public agency or its authorized officers, employees, contractors, or agents for a governmental purpose, including but not limited to fire suppression, emergency response, law enforcement and code enforcement operations, surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events.

(7) Special event means any event as defined in Town Code Chapter 14, Article X.

(8) 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.

(9) Unmanned aircraft system (UAS) shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.

(10) Visual line of sight means that a person operating an unmanned aircraft has an unobstructed view of the unmanned aircraft. The operator must use the operator's own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the unmanned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the unmanned aircraft, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the unmanned aircraft do not constitute visual line of sight of the person operating the unmanned aircraft.

(Ord. No. 2311, § 2, 9-1-20; Ord. No. 2320, § III, 9-7-21)

The following shall apply to the operation of any UAS within the Town of Los Gatos, unless otherwise exempted by this Code or for which a waiver is obtained pursuant to federal statute:

(1) No person shall operate any UAS within the Town of Los Gatos in a manner that is prohibited by any federal statute or regulation, or State of California statute or regulation.

(2) No person shall operate any UAS within the Town of Los Gatos in a manner that interferes with manned aircraft, and any person operating any UAS shall always give way to any manned aircraft.

(3) No person shall takeoff, land or operate any model or commercial UAS within the Town of Los Gatos beyond the "visual line of sight" of the person operating the UAS. This section shall not apply to the use of first-person goggles (FPV) during authorized drone races with the consent of the property owner. Federal rules regarding having a visual observer to keep the UAS within unaided sight may apply.

(4) No person shall operate any non-public UAS within the Town of Los Gatos other than during daylight hours defined as between official sunrise and official sunset for local time, except that a person may operate a non-public UAS during periods of civil twilight if the UAS has lighted anti-collision lighting visible for at least three (3) statute miles. As used herein, "civil twilight" means a period of time that begins thirty (30) minutes before official sunrise and ends at official sunrise, and a period of time that begins at official sunset and ends thirty (30) minutes after official sunset.

(5) No person shall operate any UAS within the Town of Los Gatos more than four hundred (400) feet above the earth's surface, unless the UAS is both flown within a four hundred-foot radius of a structure and does not fly higher than four hundred (400) feet above the structure's immediate uppermost limit.

(6) Excluding takeoff and landing, no person shall operate any model UAS or commercial UAS within the Town of Los Gatos above or laterally closer than twenty-five (25) feet to any individual, who is not in a vehicle or covered structure, except the operator or the operator's helper(s).

(7) No person shall takeoff, land or operate a UAS on private property without the consent of the property owner.

(8) No person shall operate a model UAS or commercial UAS for the purpose of filming or observing special events without prior notification to and authorization of the Town. Permitting fees may apply.

(9) No person shall operate any UAS in a manner that interferes with firefighting, emergency services, law enforcement, or a military operation in response to an emergency. Immunities including but not limited to, Government Code section 853.1 apply.

(10) No person shall takeoff, land or operate any UAS at the scene of an emergency in violation of Penal Code Sections 148.2 and 402.

(11) No person shall takeoff, land or operate a model UAS or commercial UAS from a place within two hundred (200) feet of a school facility while in session without prior notification and authorization of school officials.

(12) No person shall operate a UAS that has any type of weapon attached to it.

(13) No person shall operate any UAS within the Town of Los Gatos in violation of any temporary flight restriction (TFR) or notice to airmen (NOTAM) issued by the Federal Aviation Administration.

(14) No person shall takeoff, land, or operate any model UAS or commercial UAS from a place within five hundred (500) feet of a critical infrastructure site, such as communication facilities, hospitals, dams, helicopter/helicopter pads, bridges, water treatment plant, without the prior written consent of the owner or operator of the critical infrastructure.

(15) No person shall operate any UAS within the Town of Los Gatos in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13.

(16) No person shall operate any UAS within the Town in a manner which, utilizing the reasonable person standard, is designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize or place in extreme mental or emotional distress a person of ordinary sensibilities, whether that person is located on public or private property. The conduct described in this subsection includes, but is not limited to, using a UAS to follow and film, video-record, live-stream or photograph a person who has not consented to such activity.

(17) No person shall operate any model UAS or commercial UAS within the Town to capture, record or transmit any visual image or audio recording of any person or private real property located in the Town under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private office and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.

(18) UAS operators are required to show proof of federal registration to local law enforcement officials upon request.

(19) No person shall operate any UAS while under the influence of alcohol or drugs that impair the ability of a person to operate a drone.

(20) No person shall operate any model UAS or commercial UAS while operating a moving vehicle.

(21) Commercial UAS users must obtain a business license pursuant to Town Code Chapter 14, Article II and may be required to obtain a permit pursuant to Town Code Chapter 14, Article IX to engage in commercial activity within Town borders.

(22) The noise restrictions of Chapter 16 of the Los Gatos Town Code may apply to the operation of any model UAS or commercial UAS.

(Ord. No. 2311, § 2, 9-1-20)

(a) The provisions of this chapter shall not apply to any public UAS operated by any public safety agency or code enforcement agency for lawful purposes and in a lawful manner or to any public agency or to the extent of delivering contracted services to a public agency.

(b) The provisions of this chapter may not apply to any commercial UAS operated pursuant to and in compliance with the terms and conditions of a valid Town-issued film permit or special event that allows the use of a drone.

(Ord. No. 2311, § 2, 9-1-20)

A violation of this section can be charged or cited as a misdemeanor or infraction or administrative citation. Any person in violation of this section may be subject to criminal, civil or administrative fines and penalties. Any violation of this chapter is declared a public nuisance.

(Ord. No. 2311, § 2, 9-1-20)