Villa Park Municipal Code Art. 6-11 Regulation of Unmanned Aircraft Systems

This article is intended to promote public health, safety, and welfare through appropriate regulations pursuant to the City's police powers 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 health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems outside of prohibited areas who are in compliance with all applicable Federal Aviation Administration (FAA) rules and any applicable laws. This article 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 capabilities.

(Ord. #2022-625, § 2)

For the purposes of this article, the following words and phrases shall have the meaning set forth:

a. "Drone" shall mean any unmanned aircraft system (UAS).

b. "Emergency response" shall mean any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, the restoration of public utilities, and similar efforts.

c. "FAA" shall mean the United States Federal Aviation Administration.

d. "Person responsible for the special event" shall mean the person who owns or who is in charge of the premises of the private property where the special event takes place, or if the special event occurs on public property, the person who organized the event, assembly or gathering. If the person responsible for the event, assembly, or gathering is a minor, then the parent(s) or legal guardian(s) of that minor will be considered the person responsible for the purposes of this article.

e. "Special event" shall mean any event held in a public park or open-air facility, on private property, or at a commercial/industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmers' markets, and other similar events.

f. "Unmanned aircraft system" or "UAS" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and that operates without the possibility of direct human intervention from within or on the aircraft.

g. "Visual line of sight" shall mean that the operator or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a designated visual observer in direct contact with 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, and goggles or other devices designed to provide a "first-person view" from or of the UAS do not constitute a visual line of sight of the operator or a visual observer.

(Ord. #2022-625, § 2)

A. No person shall takeoff or land a UAS under the following circumstances:

1. Outside of the person's visual line of sight.

2. Within twenty-five (25) feet of another individual, except the operator or the operator's designee.

3. On private property without the consent of the property owner.

4. Within five hundred (500) feet of any emergency response or as is verbally directed by the public safety responders at the scene of the emergency response.

5. Within five hundred (500) feet of any special event unless express permission is acquired from the person responsible for the special event.

6. That has any type of weapon attached to it.

7. In violation of any temporary flight restriction or notice to airmen issued by the FAA.

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

(Ord. #2022-625, § 2)

This article shall not prohibit the use of UAS by any public safety agency for lawful purposes and in a lawful manner.

(Ord. #2022-625, § 2)