TITLE III—PUBLIC SAFETY

CHAPTER 5—REGULATION OF UNMANNED AIRCRAFT SYSTEMS

Sec. 3850 Definitions.

Unless explicitly defined otherwise, the following words and phrases are defined as follows:

A.    "Film permit" means a City of Arcata photography/motion picture permit issued for use of City parks, buildings, or grounds for the staging or shooting of commercial motion or television pictures or photography.

B.    "Special event" means any of the following: (1) any event, parade, exposition, fair or procession staged in or upon public places or sidewalks for which City services are required because of interference with normal vehicular traffic, pedestrian traffic or which will reasonably be expected to generate an extraordinary need for City services; (2) any event which has received a permit pursuant to Title X; or (3) any sporting contest, theatrical or musical performance or exhibition held in any City facility, building or on City grounds pursuant to a valid agreement or permit which reserves said place for the event.

C.    "Unmanned aircraft system" or "UAS" shall mean a device that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or onboard the device. The device includes but is not limited to devices commonly known as drones. (Ord. 1500, eff. 5/4/2018)

Sec. 3851 Prohibitions.

Unless otherwise permitted under this Chapter, persons are prohibited from taking off, operating, or landing a UAS in any airspace or area within or over the following areas of the City:

A.    Flights over public streets and sidewalks, where a UAS is operated in a careless or reckless manner so as to endanger the life or property of another, or in violation of any applicable Federal Aviation Administration regulation, including but not limited to 14 CFR Part 107;

B.    Special event or film permit locations during the time period of the special event or filming permit, unless the property owner, special event or film permit applicant, and Arcata Police Department all provide advance approval in writing;

C.    City Hall, the City corporation yard, City water storage facilities, and electric transmission facilities;

D.    Within the boundaries of the Arcata Marsh and Wildlife Sanctuary, defined as that area bordered by Jolly Giant Creek to the north, G Street to the east, the Humboldt Bay to the south, and McDaniel Slough to the west; or

E.    Within the boundaries of the Arcata Bay Lands defined as U.S. 101 to the west, Samoa Boulevard to the north, Bayside Cutoff to the south and Old Arcata Road to the east. (Ord. 1500, eff. 5/4/2018)

Sec. 3852 Exemptions.

This Chapter shall not apply to the use of an unmanned aircraft system as follows:

A.    By any law enforcement agency for lawful purposes and in a lawful manner.

B.    By the City or City-contracted agent/agency engaging in City business, including, but not limited to, surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events. (Ord. 1500, eff. 5/4/2018)

Sec. 3853 Violation, Penalty.

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 an infraction or misdemeanor in the discretion of the City Attorney and subject to the fines and penalties provided in Section 1200. (Ord. 1500, eff. 5/4/2018)