Chapter 17.79
UNMANNED AIRCRAFT SYSTEMS
Sections:
17.79.020 14 CFR Part 107 – Small Unmanned Aircraft Systems.
17.79.030 49 U.S.C. 44809 – Exception for Limited Recreational Operations of Unmanned Aircraft.
17.79.050 Harassment and voyeurism.
17.79.060 Affirmative defenses.
17.79.010 Definitions.
When used in this chapter, the following words shall have the meanings set forth below:
A. “Aircraft” means any contrivance invented, used, or designed to navigate, or fly in the air.
B. “Assist” means to substantially aid in the operation of an unmanned aircraft, including acting as a visual observer as described in this section.
C. “Operate” means to use, cause to use, or authorize to use, with or without the right to legal control.
D. “Operator” means any person who manipulates the flight controls of, is a pilot-in-command of, or otherwise operates an unmanned aircraft system; provided, however, the term “operator” does not include a representative of the Snoqualmie police department or the Snoqualmie fire department acting in his or her official capacity.
E. “Small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft.
F. “Unmanned aircraft” means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.
G. “Unmanned aircraft system (UAS)” means an unmanned aircraft and its associated elements (including communication links and the components that control the unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system.
H. “Visual observer” means a person who assists the unmanned aircraft operator to see and avoid other air traffic or objects aloft or on the ground. (Ord. 1225 § 1, 2020).
17.79.020 14 CFR Part 107 – Small Unmanned Aircraft Systems.
A. Any person who operates or assists in the operation of an unmanned aircraft system for business or commercial purposes must comply with all the provisions of the Code of Federal Regulations Title 14, Part 107 – Small Unmanned Aircraft Systems (14 CFR Part 107).
B. 14 CFR Part 107 and any future changes to it are hereby incorporated by reference as SMC 17.79.020(B). The full text of 14 CFR Part 107 is available at https://www.govinfo.gov/content/pkg/CFR-2019-title14-vol2/xml/CFR-2019- title14-vol2-part107.xml. (Ord. 1225 § 1, 2020).
17.79.030 49 U.S.C. 44809 – Exception for Limited Recreational Operations of Unmanned Aircraft.
A. Any person who operates or assists in the operation of an unmanned aircraft system for recreational purposes only must comply either with 14 CFR Part 107, as codified in SMC 17.79.020, or with 49 U.S.C. 44809 – Exception for Limited Recreational Operations of Unmanned Aircraft.
B. 49 U.S.C. 44809 and any future changes to it are hereby incorporated by reference as SMC 17.79.030(B). The full text of 49 U.S.C. 44809 is available at https://www.govinfo.gov/content/pkg/FR-2019-05-17/pdf/2019-10169.pdf. (Ord. 1225 § 1, 2020).
17.79.040 Operation of unmanned aircraft systems in an unsafe manner – Duty to give information and render aid.
A. It is unlawful for any person to operate or assist in the operation of an unmanned aircraft system while under the influence of alcohol or chemical substance.
B. It is unlawful to operate any unmanned aircraft system that has been equipped with any firearm, tear gas gun or chemical device, explosive, destructive device, shotgun, slingshot, dirk, billie, knife, electronic weapon device, dart firing stun gun, common pocket knife, or any other item designed or redesigned to be used as a weapon.
C. It is unlawful for any person to operate or assist in the operation of an unmanned aircraft system in a careless or reckless manner, so as to endanger the human or animal life, or property of another.
D. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in injury to, or the death of another person must remain at the scene of the crash until such person has provided to the injured person his or her name, address, and contact information, unmanned aircraft system registration number from the FAA, and remote pilot certification, if such certification was previously obtained, and must render to any person injured in the crash reasonable assistance including carrying or making arrangements for the carrying of such person to a physician, surgeon, or hospital for medical treatment if necessary, or if such carrying is requested by the injured person.
E. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in damage to the attended property of another must remain at the scene of the crash until such operator or any assistant operator has provided his or her name, address, and contact information, unmanned aircraft system registration number from the FAA, and remote pilot certification, if such certification was previously obtained.
F. The operator and any assistant operator of an unmanned aircraft system that is involved in a crash resulting in damage to the unattended property of another must remain at the scene of the crash until such operator or assistant operator has attached securely in a conspicuous place in or on the property a written notice giving his or her name, address, and contact information, unmanned aircraft system registration number from the FAA, and remote pilot certification, if such certification was previously obtained.
G. Failure to comply with any of the requirements of this section is unlawful.
H. Penalties.
1. Any person who violates the provision of subsections A, B, C, and/or F of this section shall be guilty of a misdemeanor.
2. Any person who violates subsection D or E of this section shall be guilty of a gross misdemeanor. (Ord. 1225 § 1, 2020).
17.79.050 Harassment and voyeurism.
A. Use of Unmanned Aircraft for Harassment or Voyeurism Prohibited.
1. It is unlawful to operate or assist in the operation of an UAS to secretly observe, videotape, film, photograph or record another person, without the knowledge or consent of that person, under circumstances where the person being observed, videotaped, filmed, photographed or recorded has a reasonable expectation of privacy.
2. It is unlawful to operate or assist in the operation of an UAS on another person’s private property or in the airspace above that person’s private property in order to observe, capture, or attempt to capture visual images or other physical impression of that person engaging in a private, personal or familial activity, without the permission of that person, if in the absence of the use of an UAS, such observation or visual image could not have been conducted or achieved without a trespass. For the purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of an UAS.
3. It is unlawful to operate or assist in the operation of an UAS to look into a dwelling, structure or conveyance where a person has reasonable expectation of privacy, regardless of whether it is part of a public accommodation.
4. It is unlawful to operate or assist in the operation of an UAS with the intent to offend, annoy, abuse, follow, stalk, threaten or harass a person, whether the person is located within or without a structure, and whether they are on public or private property.
B. Penalty. Any person who violates any provision of this section shall be guilty of a gross misdemeanor. (Ord. 1225 § 1, 2020).
17.79.060 Affirmative defenses.
A. Proof that the unmanned aircraft system was operated at the direction of a governmental agency, such that it should be considered a public aircraft, constitutes an affirmative defense to any civil or criminal action brought under the provisions of SMC 17.79.040(E) or (F) or 17.79.050. (Ord. 1225 § 1, 2020).
17.79.070 Enforcement.
A. The Snoqualmie police chief or designee or the Snoqualmie code enforcement officer is authorized to enforce or seek enforcement of the provisions of this chapter.
B. Contraband. Any UAS operated in violation of this chapter shall be subject to seizure and retention as evidence in any civil or criminal proceeding.
C. Notice. Any person who operates or assists in the operation of an UAS is responsible to ensure that he or she is in compliance with all applicable federal, state, and local laws. Nothing in this section shall be construed as granting any person permission to operate or assist in the operation of an unmanned aircraft in violation of any other federal, state, or local law. (Ord. 1225 § 1, 2020).