San Clemente Municipal Code Ch. 8.82 Unmanned Aircraft Systems

The operation of unmanned aircraft ("UA") systems, commonly known as drones, can at times pose significant hazards to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements and restrictions on the operation of UAs that does not preempt federal aviation rules or authority, nor state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAs.

(Ord. No. 1641, § 3, 5-2-2017)

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

Drone refers to any unmanned aircraft ("UA").

FAA means the Federal Aviation Administration.

Operate means the actions taken by an operator of the UA. Any use of the term refers only to the actions of an operator on the ground and is not intended to regulate an unmanned aircraft flying in navigable airspace.

Person means any individual, partnership, corporation, or joint venture.

Public Drone or Public UA means a UA that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.

Unmanned Aircraft (UA) means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.

Visual Line of Sight means that the operator has an unobstructed view of the UA. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UA. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. 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 UA do not constitute visual line of sight of the operator.

(Ord. No. 1641, § 3, 5-2-2017)

A. .....No person shall takeoff, land, or operate a UA outside of their visual-line-of-sight.

B. .....No person shall takeoff, land, or operate a UA within 25 feet of another individual, except the operator or the operator's designee.

C. .....No person shall takeoff, land, or operate a UA on or over private property without the written or electronic consent of the property owner, if the property owner is a person other than the UA operator. When consent to operate a UA is required to takeoff, land, or operate a UA on or over private property, UA operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, over which they takeoff, land, or operate a UA.

D. .....No person shall takeoff, land, or operate a UA over City-permitted events open to the public, unless granted written or electronic permission by the City. UA operators must have on their possession a copy of the written or electronic consent from the City while they takeoff, land, or operate a UA over City-permitted events open to the public.

E. .....No person shall takeoff, land, or operate a UA within 1,500 horizontal feet of any aircraft, including any UA, operated by a public entity.

F. .....No person shall takeoff, land, or operate a UA that has any type of weapon, or other device designed for inflicting bodily harm or physical damage, attached to it.

G. .....No person shall takeoff, land, or operate a UA within a "no fly zone" that has been established by the City as outlined in Section 8.82.050, Reasonable Time, Place, Manner of this chapter.

H. .....No person shall takeoff, land, or operate a UA between 30 minutes before the official sunset time and the official sunrise time.

(Ord. No. 1641, § 3, 5-2-2017)

No person shall takeoff, land, or operate a UA so as to endanger or create substantial risk of serious injury for any person or property.

(Ord. No. 1641, § 3, 5-2-2017)

A. .....No person shall takeoff, land, or operate a UA within 500 feet of any emergency vehicle that is operating with lights and/or sirens.

B. .....No person shall takeoff, land, or operate a UA within 500 feet of any active law enforcement or emergency response incident.

C. .....No person shall takeoff, land, or operate a UA in violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.

D. .....No person shall takeoff, land, or operate a UA within 500 feet of a school facility without prior notification and authorization of school officials. When authorization to operate a UA is required to takeoff, land, or operate a UA on or over a school facility, UA operators must have on their possession a copy of the written or electronic authorization from the school's administration while they takeoff, land, or operate a UA within 500 feet of the school.

E. .....No person shall takeoff, land, or operate a UA within 500 feet of any county or city owned jails, holding facilities, law enforcement facility, or within 500 feet of any designated publicly owned building chosen by the city. The designation of publicly-owned buildings applicable to this subsection shall be at the discretion of the City Manager. The addresses of all properties described in this subsection shall be available for viewing by the public at the City Clerk's Office and listed on the City of San Clemente website, on a page dedicated to information related to UA, or "drone," operations and requirements.

(Ord. No. 1641, § 3, 5-2-2017)

This chapter shall not apply to any Public UA.

(Ord. No. 1641, § 3, 5-2-2017)