11r4im0rel
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCP ITY MANAGE I FROM: OFFICE OF THE DOWNEY POLICE CHIEF
BY: LESLIE MURRAY, CHIEF OF POLICE
JAMES ECKART, CITY PROSECUTOR
SUBJECT: ORDINANCE REGULATING UNMANNED AIRCRAFTS ("DRONES")
RECOMMENDATION
That the City Council introduce:
anOwl,nmanned Aircraft Systems have increased in popularity for a variety of purposes — primarily due to the advanced technology and the decrease in cost. Such purposes include recreational use, as well as commercial uses (e.g., use by realtors, filmmakers, photographers, and delivery of packages). Moreover, public agencies utilize drones for such uses as assessing environmental conditions and public infrastructure, monitoring traffic flows and special events, conducting inspections of buildings and properties, and supporting emergency response, law enforcement and training activities.
However, the increased use of Unmanned Aircrafts ("UK) has also resulted in impacts to the public health, safety, and welfare. Such impacts include, but are not limited to, invasions of privacy, interference with law enforcement and emergency response operations, and damage to persons and personal property due to improper operation of drones — and the ability for such injured persons and owners of the damaged personal property to identify the drone and its operator.
The Federal Aviation Authority ("FAA") regulates and sets guidelines for the safe operation of drones in the United States — including within the "Final Rule for Operation and Certification of Small Unmanned Aircraft Systems" (14 CFR Part 107). For persons who operate drones purely for recreational/hobby purposes, such rules include, but are not limited to, passing The T-I#R -[I PAWL-L-V If I I fOr 1,fdF*7K71f$70 r UC-J[ IMU W-VIUdM-r-e-Y-i UU1 lfflUdIlUrl ar]U VU9151ur tFluir Ururlu with the FAA.
MUNI C IPA L CODE AM Ell D III ERT— IRMAWKED A I RCRAFTTURURE-F1@_A__#MW_,-E AUGUST 23, 2022
PAGE 2
The State of California enacted legislation to address concerns that were not addressed by the Federal Aviation Authority. The State amended Civil Code Section 1708.8 to impose liability upon UA operators who physically invade another person's privacy by flying a drone above that person's land without permission in order to capture a visual image, sound recording, or other physical impression of a person engaging in private, personal, or familial activities. It further ame-&"-f Califtmia PeAaIQri4e,9ecti,,Y,"12 t* iAcly4e;�rii%e *;ter2t*rs tri, tXe list *f Aers#As wX# may not stop at a scene of an emergency and interfere with emergency personnel performing their duties (with a limited exception for persons whose employment includes viewing the scene or activities).
However, notwithstanding the laws and regulations enacted by the FAA and the State of California, local jurisdictions are still faced with addressing the impacts upon the local communities that are not adequately addressed by the Federal or State governments. The FAA and courts have recognized that notwithstanding such rules and regulations, local governments may regulate take -offs and landings of drones within their boundaries and otherwise exercise laws traditionally related to their police powers — including land use, zoning, privacy, trespass, and law enforcement operations.
The proposed Ordinance imposes reasonable time, place, and manner regulations pursuant to its police powers and land use authority in an attempt to balance the ability for operators to the public health, safety, and welfare against invasions of privacy and harassment resulting from drone operations (including those that do not include the taking of audio, photographic, or video impressions), injuries to persons and damages to personal property caused by drone operations, nuisance activity, and zoning issues.
0 Limiting drone take -offs, landings, or operations to the hours of 7:00 a.m. to 8:00 p.m.
Prohibiting drone take -offs and landings on any public sidewalk, parkway, alley, street, or public parking lot or structure
Prohibiting the operation of drones less than 100' above any public sidewalk, parkway, alley, street, or public parking lot or structure
Prohibiting the take -off, landing, or operation of drones within 500of an emergency vehicle that is operating its lights and/or sirens, or of an active law enforcement or emergency response incident
Prohibiting the take -off, landing, or operation of drones within 200' of a school facility during school hours without authorization from school officials Prohibiting the take -off, landing, or operation of drones in a manner that serves to harass, stalk, disturb, frighten, intimidate, injure, threaten, victimize or otherwise cause mental or emotional distress to any person or animal on public or private property Requiring any operator to provide notification to the Downey Police Department within 24 hours of injuring any person as a result of operating a drone Requiring an operator of a drone to locate and notify the owner or person in charge of personal property as a result of any damage to that personal property from done operations (or, alternatively, to notify the Downey Police Department if the owner cannot be identified)
Iff 1_RR;T?t7UU1_ - 111111AR-R-EDFATRL-RAFT ("DRORE") •-r AUGUST 23, 2022
PAGE 3
The proposed Ordinance would make violations of any of the regulations pertaining to the operations of drones a misdemeanor, as well as subject to administrative fines/citations.
The proposed Ordinance is not intended to preempt Federal Aviation Administration (FAA) rules or State law relating to the take -off, landing, or operation of any UA or UAS (including, but not limited to, any Model Aircraft, Model UAS, or Civil UAS), but rather to operate in conjunction with those rules and laws to promote public safety and privacy while recognizing the limitations in the FAA's enforcement authority.
FISCAL IMPACT
11174vir-117,71mm EMM
ATTACHMENTS
1W*Z#TTR=_
• •11VAPLOVIOL011 WC a 9; M411 11WA612 1•
I-•
Section40of - of of Downey provides
City shall have all powers and privileges which may be exercised by a charter city, subject only to the limitations contained in the Charter and in the California Constitution; and,
Section1 of Article ': of •: Constitution provides f
City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance; and, WHEREAS, Unmanned Aircrafts (commonly known as "drones") have become increasingly available to private citizens for recreational use and commercial/civil use due to their declining costs; and,
Aircraft
WHEREAS, the City Council recognizes unprecedented advances in Unmanned - • ••; •. decreased costs)_ empowered realtors, inspectors, photographers, •': others to document the world• : i them through use of Unmanned Aircrafts and/or Unmanned Aircraft Systems in ways that often replace more hazardous and/or costly operations; and,
those
111AEREAS, commercially and privately owned Unmanned Aircrafts (including - • for •: - can have adverse•. on • and its
safety when improperly used or inadequately regulated; and, TMEREAS, Inmanned Aircrafts have been known to be flown above private residences and to hover outside a person's window or in their backyard without the knowledge of the resident who has a reasonable expectation of privacy in that resident's home and backyard and,
WHEREAS, although California Civil Code Section 1708.8, in part, imposes liability upon any person who invades a person's privacy by entering into the airspace above - land of i _ person withoutpermit in • rd to capture a visual image, sound recording, or other physical impression of a person engaging in a private, personal, or familial activity, it does not address the use of drones in a manner that otherwise serves to harass, stalk, disturb, frighten,• . ` :tither:tr otherwise cause mental or emotional distress to person or animal on public or private property that may not include an attempt to capture a visual image, sound recording, or physical•.: i,: and,
WHEREAS, Unmanned Aircrafts have been known to interfere with emergendN operations; and
WHEREAS, the Federal Aviation Administration (FAA) recognizes that State and local governments may regulate the take -offs and landings of aircraft within their toundaries, and that laws traditionally related to State and local police power - including 'and use, zoning, privacy, trespass, and law enforcement operations - are not subject to Federal regulation; and,
WHEREAS, the FAA's MicroUAS task force has recommended that Unmanned Aircraft operators coordinate with State and local officials when operating Unmanned Aircraft over people; and,
11VAEREAS, the FAA has declared that, some operations of Unmanned Aircrafte (including those over certain locations) may violate State and local trespassing laws; 2nd,
-111 a
calse Ingry to utner perSons, CUM. Damage to Wei person s properly, anu/or invarle a person's expectation of privacy; and,
WHEREAS, the City Council recognizes that although some safety and privacy concerns raised by the operation of Unmanned Aircraft can be addressed through existing laws, the City Council seeks to enact reasonable time, place, and manner regulations pursuant to its police powers and land use authority to address safety, privacy, nuisance, trespass, and zoning issues; and,
WHEREAS, the imposition of community -based safety requirements on the operation of Unmanned Aircrafts and imposing appropriate regulations on the operation of both Model Aircrafts and Civil Aircrafts consistent with and not in conflict with Federal Aviation rules is necessary to protect the safety and privacy of Downey residents, business operators, and guests, as well as emergency responders from unwelcome, dangerous or unlawful use of Unmanned Aircrafts.
THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
LVIT5119ME LVINSTMEW5150 I W6111MIM slim One KTO-TE LVA 111alm I V42yjLF R RISTs IFFS Lei Is 1 F-T = i 1; 1 =l � I sm
The purpose and intent of this Chapter is to effectively regulate Unmanned Aircraft (commonly known as "drones") and Unmanned Aircraft Systems within the City in order to promote the health, safety, and general welfare. The City seeks to implement appropriate regulations of Unmanned Aircraft and Unmanned Aircraft Systems (including Model UASs and Civil UASs) pursuant to the City's police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public, and to address specific areas of local municipal concern where a drone
Emil
NITIzIe Iza: a •- &*u I wxzm rt I I • a K *I E oil kyr. ffJMROJ E I a It
ETIITPN
As used in this Chapter, the following words and • shall have the meanings defined in this section unless the context clearly requires otherwise:
MDMBZ���
C. "Civil UAS" refers to an Unmanned Aircraft • Unmanned Aircraft System operated for any purpose other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of or incidental to, any business or media service or agency.
D. "Emergency responder" shall mean any first emergency responder including, but not limited to, law enforcement — including peace officers, firefighters, paramedics, or any emergency rescue service.
F. "Hobby" or "recreational purpose" shall mean personal enjoyment without direct or indirect compensation. The following uses shall not be considered hobby or recreational purposes:
1. Taking photographs, audio recordings, or video recordings for any commercial purpose;
2. Taking photographs, audio recordings, or video recordings in conjunction with the sale of real estate;
3. Taking photographs, audio recordings, or video recordings to advertise commercial services;
4. Taking photographs, audio recordings, or video recordings for use in social media for any commercial entity or enterprise, non -governmental agency, or non-profit/charitable organization or agency.
G. "Model Aircraft" or "Model UAS" refers to any Unmanned Aircraft or Unmanned Aircraft System operated by any person for hobby or recreational purposes.
H. "Operator" shall mean the individual piloting the Unmanned Aircraft or Unmanned Aircraft System.
I. "Operator's assistant" shall mean any individual assisting the operator with the operation of the Unmanned Aircraft.
J. "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency or City -contracted agent or agency for government -related purposes, including but not limited to:
2. Damage assessments
3. Managing special events
4. Monitoring traffic
5. Situational awareness of critical incidents
6. Training and support for all previously mentioned scenarios
7. Managing other City operations and Capital Investment Projects K. "Unmanned Aircraft" or "UK shall mean an aircraft without a human pilc onboard, that is controlled by an operator on the ground, and is operated without th possibility of direct human intervention from wn or on the aircraft. Unmanned Aircra shall include, without limitation, "drones."
L. "Unmanned Aircraft Systems" or "UAS" shall mean any Unmanne Aircraft and associated elements, including, but not limited to, any communication link and components that control the Unmanned Aircraft — including any apparatus th, captures still visual images (still photographs or moving video) or audio recordings, a well as any other payload.
M. "Visual line of sight" shall mean an unobstructed view of an Unmanne Aircraft or Unmanned Aircraft System by its operator utilizing the operator's natun vision throughout the entire flight of the UA or UAS. Use of the followin devices/instruments shall not constitute visual line of sight for the operator:
1 . The use of any vision enhancing device, such as binoculars nigi vision goggles, and vision magnifying devices (other than standard eyeglas�es c contact lenses designed to correct the operator's vision);
2. The use of any goggles, video -relay monitors, or any other devic designed to provide a "first -person view" from the Unmanned Aircraft to the operator operator's assistant;
3. The use of any other person (including an operator's assistant) 1 lieu of the operator, except as may otherwise be permitted by Federal law.
4999.3 Operating •
No person shall cause, allow, permit, or suffer the take off, landing, or operation of an UA or UAS in the City, unless in strict adherence to the following regulations:
A. The UA or UAS shall only take off, land, or operate within the City during the hours • 7:00 a.m. and 8:00 p.m.;
B. The UA or UAS shall not take off or land on any public sidewalk, parkway, alley, street, highway, or public parking lot or structure in the City, nor operate less than one hundred feet (100') above any public sidewalk, parkway, alley, street, highway, or public parking • ♦:' structure in the City;
C. The UA or UAS shall not take off, land, or be on or over any privately - owned property other than one belonging to the operator or operator's assistant without the express written consent of the owner and/or occupant of that property; D. The UA or UAS shall not take off, land, or operate within five hundred feet (500') • any emergency vehicle that is operating with lights and/or sirens; E. The UA or UAS shall not take • land, or operate within five hundred feet (500') of any active law enforcement or emergency response incident, or in any manner that • interferes with the lawful efforts of any emergency responder in response to an emergency or in an effort to provide emergency services; F. The UA or UAS shall not take off, land, or operate within five hundred feet (500') • any Public UAS •; • any manned aircraft operated • any public agency (including law enforcement) for governmental purposes;
G. The UA or UAS shall not take off, land, or operate within two hundred feet and written authorization by school officials;
H. The UA or UAS shall not take • • •: ••- within • •re feet (100') • any public building • facility without prior notification to and written authorization • the City;
1. The UA or UAS shall be and shall remain in the operator's visual line of sight at all times from take -off to landing;
J. The UA or UAS shall not be closer than twenty-five feet (25') to any human being except the operator and/or operator's assistant at any time • than take- off • landing;
• _ .. _ _ �. . is _ i • • _.. •'.. •,.:' • • _ _ •> :. • . '. ..:. • -•••-'
' • ': • •:
is '.' • i' • •. ♦ it � • :::: • i '
•: � ' i. • • ' • ' • • • '. • •
• �' • • •' '
' • is • • ' it • •': • ' i' • •': • ' •" i ` "` _ '• ' 't •' •:
• • " I a . �' i ♦ • '. • • i ': is
i ': is • ' . • • • ", • .•.: • .• ♦.. a ♦ •:: ' is •: i _ ,, i> 'I is •: � • •
• i'
2. In the event the • • person in charge • the damage(S' property cannot reasonably be ascertained or located, the operator shall leave in 2 conspicuous place on the property damaged, a written notice providing the name an,i current residential address of the operator and of the owner of the UA or UAS involved.
The operator must also • the Downey • Department with this information within 24 • • the incident;
3. If damage is caused to any City •rope the operator shall notify the Downey '• Department • • appropriate City • within 24 hours • the dent.
4. Each failure to provide information or to report an incident of damage as required by this Subsection shall constitute a separate violation of this •
This Chapter shall not apply to:
B. Any Civil UAS authorized pursuant to a Film Permit or Special Event Permit issued by the City, when operated in compliance with all conditions of the Film Permit or Special Event Permit.
A. In addition to any other remedy, any person who causes, permits, aids, abets, suffers, or conceals a violation of any provision of this Chapter, or who fails to comply with any obligation or requirement of this Chapter, is guilty of a misdemeanor punishable in accordance with Section 1200 of this Code.
C. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
D. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by administrative or civil action, including, but not limited to, civil injunction or other abatement action.
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the iz�IU
fact that any one or more sections, subsections, phrases, or portions be declared invalid or u-fico-istitutional.
,-r
1�11119
P•WE I I LeUl [_mq 11 IV-201111 017MO -APIN [Pin M IN N - a I Mejlleizlflefm_ APPROVED AND ADOPTED this _ day of 2022.
F-WRIMT, MTIIJ&*Akvj•,��
U'Vi0m
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance No. 22- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of 1 2022, and adopted at a regular meeting of the City Council of ih—eCity of Downey held'on the. day of 2022, by the following vote, to wit:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 1 2022 (after introduction), and on
1 2022 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC City Clerk