Yorba Linda Municipal Code Ch. 8.52 Unmanned Aircraft Systems

This chapter is intended to promote public health, safety and welfare of the public and public safety personnel 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 in compliance with all applicable FAA rules and any applicable laws, and outside of prohibited areas. This chapter 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. 2017-1047, § 3, 2017)

For the purposes of this chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used.

"Drone"

means any unmanned aircraft system (UAS).

"Emergency response"

means 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, restoration of public utilities, and similar efforts.

"FAA"

means the United States Federal Aviation Administration.

"Special event"

means any event held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but it not limited to, sporting events, concerts, festivals, farmer's markets, and other similar events.

"Unmanned aircraft system" or "UAS"

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 or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a 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 "firstperson view" from or of the UAS do not constitute visual line of sight of the operator or a visual observer.

(Ord. 2017-1047, § 3, 2017)

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 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 500 feet of any special event or any emergency response without the approval of a temporary use permit by the Community Development Director.

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

6. 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. 2017-1047, § 3, 2017)

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

(Ord. 2017-1047, § 3, 2017)