Chapter 9.30 — DRONES, UNPILOTED AIRCRAFT AND MODEL AIRCRAFT

The operation of unpiloted aircraft such as model aircraft and civil unpiloted aircraft systems ("UASs"), 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 on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil UASs consistent with Federal Aviation Rules and state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unpiloted aircraft.

(Ord. 16-974 § 1, 2016)

The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:

"Civil UAS" shall mean an unpiloted aircraft or unpiloted aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.

"Model aircraft" shall mean an unpiloted aircraft or unpiloted aircraft system operated by any person strictly for hobby or recreational purposes.

"Person" shall mean any individual, partnership, corporation, or joint-venture.

"Public UAS" shall mean an unpiloted aircraft or unpiloted aircraft system operated by any public agency for government related purposes.

"Unpiloted aircraft" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft (and shall mean the equivalent of "unmanned aircraft" as that term is used in federal and state law and regulations).

"Unpiloted aircraft system" shall mean an unpiloted aircraft and associated elements, including, but not limited to, any communication links and components that control the unpiloted aircraft (and shall mean the equivalent of "unmanned aircraft system" as that term is used in federal and state law and regulations).

(Ord. 16-974 § 1, 2016)

• a. Generally . An operating permit shall be required for every unpiloted aircraft and unpiloted aircraft system operated in the city. No person shall operate an unpiloted aircraft or unpiloted aircraft system in the city without first obtaining a permit for the unpiloted aircraft or unpiloted aircraft system and obtaining an identification number assigned by the city.

• b. Applications . An application for a UAS operating permit shall be on a form provided by the city and show:

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City of West Hollywood, CA § 9.30.030

WEST HOLLYWOOD CODE

§ 9.30.040

1. Name and phone number of the operator;

2. Make, model and serial or N-number of UAS to be registered;

3. A description of proposed flight activity, including whether filming, taking of visual images and/or sound recording will occur;

4. Signature of operator.

• c. Issuance . An operating permit shall be issued to persons meeting the requirements of this chapter upon payment of the fee required therefor and submission of a copy of the certificate of aircraft registration/proof of ownership issued by the Federal Aviation Administration.

• d. Placement . The permit sticker and identification number shall be placed on the body of the unpiloted aircraft or unpiloted aircraft system in a conspicuous location on the earth-facing surface of the device and in a manner clearly visible from the ground. Placement of stickers shall be subject to approval of the city or performed by the city.

• (Ord. 16-974 § 1, 2016)

• a. No person shall operate any model aircraft or civil UAS within the city in a manner that interferes with piloted aircraft, and model aircraft shall always give way to any piloted aircraft.

• b. No person shall operate any model aircraft within the city beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the model aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means that the operator has an unobstructed view of the model aircraft. 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 model, do not constitute the visual line of sight of the person operating the model aircraft.

• c. No person shall operate any model aircraft or civil UAS within the city other than during daylight hours defined as between official sunrise and official sunset for local time, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city.

• d. No person shall operate any model aircraft within the city more than four hundred feet above the earth's surface, unless proof of authorization to do so by the Federal Aviation Administration is provided to the city.

• e. Excluding takeoff and landing, no person shall operate any model aircraft or civil UAS within the city closer than twenty-five feet to any individual, except the operator or the operator's helper(s).

• f. No person shall operate any model aircraft or civil UAS within the city in a manner that is prohibited by any federal or state statute or regulation governing aeronautics, including, but not limited to, Public Utilities Code Section 21407 and Federal Aviation Rule 91.13.

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.30.040

§ 9.30.060

• g. No person shall operate any model aircraft or civil UAS within the city in violation of any temporary flight restriction or "Notice to Airmen" issued by the Federal Aviation Administration.

• h. No person shall operate any model aircraft or civil UAS within the city to capture, record or transmit any visual image or audio recording 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 a private office and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.

hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.

• i. Unless authorized by federal law, it shall be an infraction to knowingly and intentionally operate any model aircraft or civil UAS on the grounds of, or less than three hundred fifty feet above ground level within the airspace overlaying, a public or private school in the city providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or designee, or equivalent school authority.

• j. Unless authorized by federal law, it shall be an infraction to knowingly and intentionally use any model aircraft or civil UAS to capture images of public or private school grounds in the city providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission of the school principal or higher authority, or designee, or equivalent school authority.

• k. No person shall operate any model aircraft or civil UAS in a manner that interferes with firefighting, police activity or emergency response activity as detailed in California Penal Code Sections 148.2 and 402.

• l. No person shall operate any model aircraft or civil UAS within the airspace overlaying a city park during a city-sponsored event in the park unless authorized to do so in the special event permit, City Hall, or a law enforcement or fire station within the city.

• (Ord. 16-974 § 1, 2016)

It is unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of Chapter 1.08 of this Code.

(Ord. 16-974 § 1, 2016)

This chapter shall not apply to any civil UAS operated pursuant to and in compliance with the terms and conditions of a valid city-issued film permit with Federal Aviation Administration authorization or any public UAS operated pursuant to, and in compliance with, the terms and conditions of any current and enforceable authorization granted by the Federal Aviation Administration.

(Ord. 16-974 § 1, 2016)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.32.010

§ 9.32.040