Chapter 12.40
REGULATION OF UNMANNED AIRCRAFT
Sections:
12.40.020 Operational requirements.
12.40.040 Use by law enforcement.
12.40.010 Definitions.
For the purpose of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions:
“Unmanned aircraft” is an aircraft, including but not limited to an aircraft commonly known as a drone, that is operated without possibility of direct human intervention from within or on the aircraft.
“Unmanned aircraft system” (UAS) is an unmanned aircraft and associated elements, including but not limited to any communication links and components that control the unmanned aircraft that carries an apparatus that captures still (photographs) or moving images (videos) or any other payload. [Ord. 1253 § 1 (Exh. A), 2018.]
12.40.020 Operational requirements.
The following shall apply to the operation of any UAS within the City boundaries:
A. Every commercial UAS weighing between 0.55 pounds and 55 pounds and operating in the City shall be registered in accordance with the FAA Part 107 registration requirements. UAS operators who do not register their UAS in accordance with the FAA Part 107 registration requirements are in violation of this section, and are subject to all applicable legal penalties enforced by the FAA.
B. Every commercial UAS that weighs over 0.55 pounds and operates in the City shall have the assigned FAA registration numbers affixed to the UAS as required by the FAA.
C. No person shall operate a UAS to record and/or transmit any visual image or audio record 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 or without their permission (including but not limited to inside a private residence or office, inside an enclosed yard, rooftops, backyards, and exterior decks). For the purposes of this section, the term “record and/or transmit any visual image” includes but is not limited to video-recording, live-streaming or photographing.
D. No person shall operate a UAS to follow and/or film with the intent to harass, intimidate, disturb, annoy, threaten, frighten, vex, injure, victimize, or place in extreme mental or emotional distress a particular person, whether they are on public or private property.
E. No person shall operate a UAS within the City outside of daylight hours (between official local times from sunrise to sunset).
F. No person shall operate a UAS within the City more than 400 feet above ground level.
G. No person shall operate a UAS within the City faster than 20 miles per hour.
H. No person shall operate any UAS in the City beyond the visual line of sight of the person operating the UAS. The operator must use his or her own natural vision to observe the UAS. Visual line of sight means that the operator has an unobstructed view of 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 “first-person view” from the UAS, does not constitute the visual line of sight of the person operating the UAS.
I. No person shall operate the UAS within the City closer than 25 feet to any human being, except the operator and except during takeoff and landing.
J. No person shall operate the UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof.
K. No person shall operate the UAS in a careless or reckless manner that would jeopardize the public.
L. No person shall operate a UAS that is equipped with hazardous materials or any weapons or items that may be considered to be weapons.
M. No person shall operate a UAS in a manner that is prohibited by any federal statute or regulation.
N. No person shall operate a UAS in violation of any temporary flight restrictions or “Notice to Airmen” (NOTAM) issued by the Federal Aviation Administration (FAA).
O. No person shall operate a UAS in the path of any manned aircraft.
P. Operators may use a UAS to exercise their First Amendment right to observe and record government activities; however, no person shall operate a UAS in a manner that directly interferes with police activities, firefighting, or emergency response activities that would jeopardize the integrity of such public safety activities. [Ord. 1253 § 1 (Exh. A), 2018.]
12.40.030 Model aircraft.
This chapter shall not prohibit the use of any model aircraft as described in Section 336 of the FAA Modernization and Reform Act of 2012 and which does not transmit or record visual images or audio recordings of any person or real property located in the City. [Ord. 1253 § 1 (Exh. A), 2018.]
12.40.040 Use by law enforcement.
This chapter shall not prohibit the use of any UAS by law enforcement or public safety agencies; provided, that the law enforcement or public safety agency has a current Certificate of Authorization (COA) from the FAA to operate within the airspace of the City. [Ord. 1253 § 1 (Exh. A), 2018.]
12.40.050 Violations.
In addition to any other enforcement means available to the City, any operator of a UAS who violates this chapter is subject to fines and confiscation of the UAS by the Sausalito Police Department or other local, state, or federal law enforcement agency operating on their behalf. [Ord. 1253 § 1 (Exh. A), 2018.]