Chapter 9.45
OPERATION OF UNMANNED AIRCRAFT SYSTEMS
Sections:
9.45.030 Local regulations of UAS.
9.45.040 No reckless endangerment.
9.45.050 Time, place, and manner restrictions.
9.45.090 Administrative remedies.
9.45.010 Findings.
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. 568 § 3 (Exh. A), 2018)
9.45.020 Definitions.
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:
A. “Unmanned aircraft system (UAS)” means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.
B. “Drone” refers to any UAS.
C. “FAA” means the Federal Aviation Administration.
D. “Person” means any individual, partnership, corporation, or joint venture.
E. “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.
F. “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. (Ord. 568 § 3 (Exh. A), 2018)
9.45.030 Local regulations of UAS.
A. No person shall take off or land a UAS outside of the person’s visual line of sight.
B. No person shall take off or land a UAS within 25 feet of another individual, except the operator or the operator’s designee.
C. No person shall take off or land a UAS on private property without the consent of the property owner.
D. No person shall take off or land a UAS during permitted public events unless granted written or electronic permission by the city.
E. No person shall take off or land a UAS within 1,500 horizontal feet of any aircraft.
F. No person shall take off or land a UAS that has any type of weapon attached to it.
G. No person shall operate any UAS within the city in a manner that interferes with manned aircraft or any public UAS, and shall always give way to any and all manned aircraft and public UAS.
H. No person shall operate any UAS within the city other than during daylight hours, which is defined for purposes of this section as between official sunrise and official sunset for local time.
I. No person shall operate any UAS within the city in a manner that interferes, or which may interfere, in any way, with another person or entity’s right to privacy, right to quiet enjoyment of his/her property, business operations or recreational activities.
J. No person shall operate any UAS within the city in a manner that violates any civil or criminal restraining order, judgment or other court order.
K. No person shall operate any UAS within the city in a manner that interferes, or which may interfere, in any way, with safe operation of motor vehicles or other lawful use of public streets, property or rights-of-way.
L. No person shall operate any UAS within the city in a manner that results in the unauthorized photographing or recording of any other person, entity or property. (Ord. 568 § 3 (Exh. A), 2018)
9.45.040 No reckless endangerment.
No person shall take off 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. 568 § 3 (Exh. A), 2018)
9.45.050 Time, place, and manner restrictions.
A. No person shall take off, fly or land a UAS within 500 feet of any emergency vehicle that is operating with lights and/or sirens.
B. No person shall take off, fly or land a UAS within 500 feet of any active law enforcement or emergency response incident.
C. No person shall take off, fly or land a UAS in violation of any temporary flight restriction or notice to airmen issued by the FAA.
D. No person shall take off, fly or land a UAS within 100 feet of a school facility without prior notification and authorization of school officials.
E. No person shall take off, fly or land a UAS within 500 feet of any county or city owned jails, holding facilities, law enforcement facility, or within 100 feet of any designated publicly owned building chosen by the city. (Ord. 568 § 3 (Exh. A), 2018)
9.45.060 Exemption.
This chapter shall not apply to any public UAS. (Ord. 568 § 3 (Exh. A), 2018)
9.45.070 Criminal penalties.
Any person who violates, causes or permits another person to violate any provision of this chapter commits a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 1.08 EMC. (Ord. 568 § 3 (Exh. A), 2018)
9.45.080 Civil injunction.
The violation of any provision of this chapter shall be, and hereby is, declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 568 § 3 (Exh. A), 2018)
9.45.090 Administrative remedies.
In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies as set forth by city ordinance. (Ord. 568 § 3 (Exh. A), 2018)
9.45.100 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the San Joaquin County superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions. (Ord. 568 § 3 (Exh. A), 2018)