Tustin Municipal Code Ch. 11 Unmanned Aircraft Systems

The operation of Unmanned Aircraft Systems (UAS), commonly known as drones, can at times pose a hazard 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 do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAS.

(Ord. No. 1488, Sec. 11-21-17)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this chapter.

Unmanned Aircraft System (UAS) or Drone 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.

FAA means the Federal Aviation Administration.

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

Visual Line of Sight means that the operator has an unobstructed view of the UAS. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. 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 UAS do not constitute visual line of sight of the operator.

Public UAS means a UAS 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, including, but not limited to, the Tustin Police Department, Orange County Sheriff/Coroner, Orange County Fire Authority, or any other Federal, State and local government agency.

(Ord. No. 1487, Sec. 1, 11-7-17)

(a) No person shall takeoff or land a UAS outside of the person's visual line of sight,

(b) No person shall takeoff or land a UAS within twenty-five (25) feet of another individual, except the operator or the operator's designee.

(c) No person shall takeoff or land a UAS on private property without the written or electronic consent of the property owner, if the property owner is a person other than the UAS operator. UAS operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, upon which they takeoff or land a UAS.

(d) No person shall takeoff or land a UAS within one hundred (100) feet of any City-permitted and/or City-sponsored public event unless granted written or electronic permission by the City. UAS operators must have on their possession a copy of the written or electronic consent from the City when they takeoff or land a UAS within one hundred (100) feet of any City-permitted and/or City-sponsored public event.

(e) No person shall takeoff or land a UAS within one thousand five hundred (1500) horizontal feet of any aircraft, including any UAS.

(f) No person shall takeoff or land a UAS that has any type of weapon attached to it.

(Ord. No. 1487, Sec. 1, 11-7-17)

No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another.

(Ord. No. 1487, Sec. 1, 11-7-17)

(a) No person shall takeoff or land a UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens.

(b) No person shall takeoff or land a UAS within five hundred (500) feet of any active law enforcement or emergency response incident.

(c) No person shall takeoff or land a UAS in violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA.

(d) No person shall takeoff or land a UAS within one hundred (100) feet of a school facility without prior notification and written or electronic authorization of school officials. UAS operators must have on their possession a copy of the written or electronic authorization from the school when they takeoff or land a UAS within one hundred (100) feet of the school.

(e) No person shall takeoff or land a UAS within five hundred (500) feet of any county or City-owned jails, holding facilities, law enforcement facility, or within one hundred (100) feet of any designated publicly owned building chosen by the City. The designation of publicly-owned buildings subject 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.

(Ord. No. 1487, Sec. 1, 11-7-17)

(a) This chapter shall not apply to any public UAS.

(b) This chapter shall not apply to any UAS weighing less than 0.55 lb.

In addition to any other penalty or remedy set forth in the Tustin City Code (including all remedies available under Chapter 1 of Article 1 of the Tustin City Code) or set forth under State or Federal law, any person violating this Part shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000.00) per violation or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day or portion thereof that a person permits a violation of this chapter to continue shall constitute a separate and subsequent offense.

(Ord. No. 1487, Sec. 1, 11-7-17)