Chapter 7.10
UNMANNED AIRCRAFT (DRONES)
Sections:
7.10.030 License and registration.
7.10.010 Purpose.
The purpose of this chapter is to regulate unmanned aircraft to ensure the security, privacy, and safety of the residents and visitors of the City of Mt. Shasta. (Ord. CCO-20-09 § 2, 2020)
7.10.020 Definitions.
The following words and phrases, as used in this chapter, are defined as follows:
“Civil UAS” means an unmanned aircraft or unmanned 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.
“Commercial purposes” means a use or purpose related to commerce and the production of revenue or income.
“Model aircraft” means an unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
“Operate” means to pilot, steer, direct, fly, guide, or manage an unmanned aircraft or unmanned aircraft system through the air remotely. The term “operate” includes, without limitation, managing or initiating an electronic control system that pilots, steers, directs, flies, or manages an unmanned aircraft or unmanned aircraft system.
“Person” means a human or nonhuman entity that is treated as a person for limited legal purposes.
“Public UAS” means an unmanned aircraft or unmanned aircraft system operated by any public agency for government-related purposes.
“Unmanned aircraft” or “UA” means 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.
“Unmanned aircraft system” or “UAS” shall mean an unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft. (Ord. CCO-20-09 § 2, 2020)
7.10.030 License and registration.
(A) It is unlawful to operate a public, model, or civil aircraft without a valid City business license and/or registration.
(B) Model aircraft are exempt from the license or registration requirement if the model aircraft weighs 0.55 pounds or less.
(C) All unmanned aircraft and UAS operators shall annually provide the City of Mt. Shasta proof of Federal registration and compliance with Federal Aviation standards. (Ord. CCO-20-09 § 2, 2020)
7.10.040 Operation standards.
(A) Unless otherwise authorized by Federal law, the following shall apply to the operation of all model, civil, or public aircraft within the City of Mt. Shasta:
(1) It is unlawful to operate an unmanned aircraft in a manner that interferes with police or fire operations including, but not limited to, efforts to control, contain, or extinguish a fire. It is unlawful to operate an unmanned aircraft within 500 feet measured horizontally of an active police or fire investigation, including a crime scene, traffic collision, or fire incident, or over or within 1,000 feet measured horizontally of a wildfire incident or operations; unless special written permission is granted from the Fire or Police Chief of the City of Mt. Shasta.
(2) It is unlawful to operate an unmanned aircraft within 1,000 feet measured horizontally of or into a fireworks production.
(3) It is unlawful to operate any model aircraft carrying or equipped with anything other than a camera, video camera, or related image or audio capturing equipment.
(4) It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.
(5) It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any structure unless written expressed permission is obtained from the individual, property owner(s), property manager(s), or tenant(s) thereof.
(6) It is unlawful to operate an unmanned aircraft or UAS around or within park properties without the written permission of the Mt. Shasta Parks and Recreation Director.
(B) Unless authorized by Federal law, the following shall apply to the operation of any model aircraft or civil UAS within the City of Mt. Shasta:
(1) It is unlawful to operate a model aircraft or civil UAS in a manner that interferes with a manned aircraft, and model aircraft or civil UAS shall always give way to manned aircraft.
(2) It is unlawful to operate a model aircraft or civil UAS higher than 400 feet above ground level.
(3) It is unlawful to operate a model aircraft or civil UAS within the airspace above or within five miles of any airport without the prior express authorization of the airport control tower.
(4) Model aircraft and civil UAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset, local time.
(5) It is unlawful to operate model aircraft or civil UAS over moving vehicles or unprotected persons, or in any way which interferes with vehicle traffic, or across a street with more than two lanes.
(6) It is unlawful to operate a model aircraft or civil UAS less than 50 feet away measured horizontally from any individual other than the operator or the operator’s helper(s).
(7) It is unlawful to operate model aircraft or civil UAS within 1,000 feet measured horizontally of or in the airspace above any water delivery facility, reservoir, storage tank, pump station, treatment or intake facility, or any electric generating facility, substation or control center, or any electric transmission or distribution facility, or within 100 feet of any overhead wire, cable, conveyor, or similar equipment for the distribution of electricity or power, upon or along any public way or utility easement within the city, without the facility or equipment owner’s consent, and subject to any restrictions that the facility or equipment owner may place on such operation.
(8) It is unlawful to operate a model aircraft or civil UAS while the operator is under the influence of alcohol or drugs.
(9) It is unlawful to operate a model aircraft or civil UAS beyond the visual line of sight of the operator. The operator must use his or her own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. “Visual line of sight” means the operator has an unobstructed view of the model aircraft or civil UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the model aircraft or civil UAS, do not constitute the visual line of sight of the operator. It is unlawful to operate a model aircraft or civil UAS when the operator is on or in a moving vehicle.
(10) It is unlawful to operate a model aircraft or civil UAS in a manner that is reckless or careless and endangers the safety of other persons or their property. The standard for careless or reckless operation shall be the same as the standard set forth in Federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13.
(11) It is unlawful to operate any model aircraft or civil UAS in violation of any temporary flight restriction (TFR), notice to airmen (NOTAM), or any other flight restriction issued by the Federal Aviation Administration or any other Federal or State statute or regulation governing aeronautics. (Ord. CCO-20-09 § 2, 2020)
7.10.050 Special events.
All unmanned aircraft or unmanned aircraft systems shall receive written permission from the City of Mt. Shasta to operate within 100 feet of a special event, as defined in MSMC 7.30.020. (Ord. CCO-20-09 § 2, 2020)
7.10.060 Enforcement.
Violation of this chapter or any of its sections shall constitute an infraction and shall follow code enforcement procedures and penalties set forth in Chapter 1.03 MSMC. (Ord. CCO-20-09 § 2, 2020)