Santa Clara County Municipal Code Ch. X Unmanned Aircraft

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this section:

(a) Emergency means a condition or situation that has caused injury to persons or damage to property, or endangers persons or property, and results from a fire; explosion; aircraft, rail, or vehicle accident; flooding; storms; earthquake; toxic chemical or biological spill or accidental release; act of terrorism; utility failure; or similar natural or human-caused event.

(b) Public Unmanned Aircraft means an Unmanned Aircraft or Unmanned Aircraft System that is operated by a public agency or its authorized officers, employees, contractors, or agents for a governmental purpose, including fire suppression, Emergency response, law enforcement and custody operations, surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events.

(c) Unmanned Aircraft means an aircraft that can fly autonomously or be piloted remotely and is operated without the possibility of direct human intervention from within or on the aircraft. "Unmanned Aircraft" includes an aircraft commonly known as a drone.

(d) Unmanned Aircraft System means an Unmanned Aircraft and associated support equipment, including any communication and data links, navigation equipment, and other components that control the Unmanned Aircraft.

(Ord. No. NS-643, § 3, 6-19-18)

(a) It is unlawful for a person to operate an Unmanned Aircraft System in a manner that interferes with firefighting, emergency services, law enforcement, or a military operation in response to an Emergency.

(b) A violation of this Section is not a misdemeanor. Any person in violation of this Section may be subject to civil and administrative fines and penalties. Any violation of this Chapter is declared a public nuisance.

(c) Any person who experiences loss or injury as a direct result of an Unmanned Aircraft System's interference with firefighting, emergency services, law enforcement, or a military operation in response to an Emergency shall have a private right of action in any court of competent jurisdiction against any person who caused the interference in violation of this Section and shall be entitled to recover damages, costs including reasonable attorney fees, and other relief as determined by the court.

(d) Public Unmanned Aircraft are exempt from the provisions of this Section.

(Ord. No. NS-643, § 3, 6-19-18)