Ontario Municipal Code Art. 10 Drone Regulations

The purpose of this regulation is to effectively regulate an unmanned aircraft system or drone (collectively, “drone”) within the City of Ontario (“City”) in order to promote the health, safety, and general welfare (“safety”) of City residents, visitors, and businesses (“public”). The City seeks to implement appropriate regulations of drones pursuant to the City's police powers under the California Constitution (Section 7 to Article XI) 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 safety of the public and address specific areas of the City’s 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 Federal Aviation Administration (FAA) rules pursuant to Part 107 (Small Unmanned Aircraft Systems) to Title 14 of the Code of Federal Regulations and other applicable laws, or outside of prohibited areas. This regulation 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.

(§ 2, Ord. 3310, eff. September 18, 2025)

The following definitions shall apply, unless the context clearly indicates otherwise:.

(a) “City Manager” means the City Manager or any agent of the City as designated by the City Manager.

(b) “Drone” or “unmanned aircraft system (UAS)” 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. Each reference to “drone” hereinafter shall include reference to “UAS.”

(c) “Drone operator” means any person who operates a drone, whether for recreational or commercial purposes.

(d) “Emergency responder” means any person engaged in providing emergency services who is an agent of the City, the County of San Bernardino, a public agency, a law enforcement agency, the Fire Department, emergency management, or a public safety organization.

(e) “FAA” means the Federal Aviation Administration.

(f) “Government building” is defined to be a public building as it appears under Government Code Section 7596(a) which is as follows: “Public building” means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California community college district.”

(g) “Person” means and includes any individual, 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 an unit; and any officer, agent, employee, or servant of any of the foregoing.

(h) “Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in 49 U.S.C. § 40102S to operate a public aircraft.

(i) “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, street fairs, and other similar events.

(j) “Visual line of sight (VLOS)” refers to the ability of a drone operator or visual observer (FAA Part 107 regulations for alternative VLOS) to have a direct, unaided, and unobstructed view of the operator’s controlled drone. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. 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.

(k) “Weapon” means any instrument, article or substance that under the circumstances in which it is used, attempted to be used, or threatened to be used is readily capable of causing death or serious physical injury to a person or damage to property (such as a firearm; an air gun that uses small spherical projectiles or pellets propelled by compressed air, gas, or a spring mechanism (BB device); an explosive; a device; or container assembled for the purpose of causing an explosion or any other device intended to harm someone).

(§ 2, Ord. 3310, eff. September 18, 2025)

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 without a license or certification where one is required by Federal and state law.

(b) A drone operator shall provide their required license and/certification upon request from a law enforcement agent or City official.

(c) No person shall land or takeoff any drone in the City beyond the visual line of sight of the person operating the drone, or within the visual line of sight of an observer who is co-located and in direct communication with the drone operator.

(d) No person shall land or takeoff any drone other than during daylight hours, unless operating in compliance with 14 CFR 107.29.

(e) No person shall land or takeoff any drone closer than twenty-five (25) feet to any individual, except the operator agents of the operator.

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

(g) No person shall operate any drone in a careless or reckless manner so as to endanger the safety 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, Federal Aviation Rule 91.13, and 14 CFR 91.13.

(h) No person shall land or takeoff 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).

(i) No person shall land or takeoff a drone in a manner that directly interferes with the lawful efforts of any emergency responder responding to an emergency or providing emergency services.

(j) No person shall land or takeoff 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.

(k) No person shall land or takeoff any drone in a way that interferes with manned aircraft operations including but not limited to traffic patterns at airports, and the operator shall always yield to any manned aircraft.

(l) No person shall land or takeoff any drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.

(m) No person shall land or takeoff any drone within five hundred (500) feet of any other privately-owned drone. No person shall land or takeoff any drone within one thousand five hundred (1,500) feet of any other publicly owned drone. Any person operating a drone shall see and avoid other aircraft and obstacles at all times.

(n) No person shall land or takeoff any drone in the area of active parade, motorcade, or City event without the authorization of the City Manager in writing.

(o) No person shall operate a drone in a manner that emits a sound level that unreasonably disturbs the peace, quiet, or comfort of any person (particularly in residential areas). Nothing in this subsection shall preclude additional enforcement under any other applicable noise control regulation.

(p) 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 twenty-four (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 regulation.

(q) Any person who causes damage to the property of another person while operating a drone shall comply with 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 twenty-four (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 regulation.

(r) The City Manager, Chief of Police, Fire Chief, or their respective designees with the authorization of the FAA 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.

(s) This regulation 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

(§ 2, Ord. 3310, eff. September 18, 2025)

(a) Airports. No person shall land or takeoff a drone within five (5) miles of any airport, unless authorized by the air traffic control tower.

(b) Government building. No person shall land or take off a drone within a five hundred (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 land or takeoff a drone within a five hundred (500)-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

(d) Jails. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

(e) Police station. No person shall land or takeoff a drone within a five hundred (500)-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police or the Chief’s designee in writing.

(f) Fire station. No person shall land or takeoff a drone within a five hundred (500)-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief or the Chief’s designee in writing.

(g) Schools. No person shall land or takeoff a drone within a five hundred (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.

(h) Public utility facilities. No person shall land or takeoff a drone within a five hundred (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).

(i) Communication and utility lines. No person shall land or takeoff a drone within the airspace above or within a one hundred (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).

(j) Churches. No person shall land or takeoff a drone at any open-air assembly area, place of worship, or public building or facility without the authorization of the chief administrator in writing (and subject to any restrictions that the chief administrator may impose).

(k) Private property. No person shall land or takeoff a drone within 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.

(l) Special events. No person shall land or takeoff a drone within a five hundred (500)-foot horizontal distance of any special event in the City, unless authorized by the City Manager in writing.

(§ 2, Ord. 3310, eff. September 18, 2025)

(a) The provisions of this regulation shall not apply to any drone that is used or operated by or on behalf of the City or any law enforcement, public safety, emergency management, or government agency in compliance with all applicable federal, state, and local laws and policies.

(b) This regulation 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.

(§ 2, Ord. 3310, eff. September 18, 2025)

(a) In addition to the other requirements of this regulation, commercial drone operators must comply with all applicable FAA, federal, state, and local regulations while operating within the City.

(b) A drone operating permit as well as 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.

(§ 2, Ord. 3310, eff. September 18, 2025)

(a) Any drone operating in a commercial capacity or in a protected site must obtain an operating permit. Once the permit is obtained, the office of the Chief of Police or the Chief’s designee must be notified in writing of the intended flight plan. The operating permit can be obtained at https://www.ontarioca.gov/Flysafe. Permit requirements are in addition to any other provisions outlined within this code.

(b) Drones used for recreational purposes are not required to obtain a permit prior to operation within the city. Recreational flyers are still required to meet all FAA regulations including obtaining registration through the FAA if the drone weighs more than point fifty-five (.55) pounds. The registration number shall be affixed to the drone itself.

(§ 2, Ord. 3310, eff. September 18, 2025)

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

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

(c) Any violation of this regulation 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 regulation may:

(1) Be guilty of a misdemeanor, punishable by imprisonment of up to six (6) months in County Jail or by a fine not exceeding one thousand dollars ($1,000) or by both; and/or

(2) Subject to the issuance of an administrative citation.

(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 regulation, the City Manager, any emergency responder, or any other law enforcement officer (collectively "officer") can request the violating drone operator to land the drone. Neither the City, nor the officers involved, shall be liable for any damage to a drone caused by an officer while enforcing this regulation.

(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.

(§ 2, Ord. 3310, eff. September 18, 2025)