Rem 1140,
APPROVED BY
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE DOWNEY POLICE CHIEF
BY: LESLIE R. MURRAY, CHIEF OF POLICE
JAMES ECKART, CITY PROSECUTOR
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Iranchised utility companies for government -related purposes (including damage assessments) into the definition of "Public UASthereby exempting such UAs and UASs I
trom the application of the proposed Ordinance. The Ordinance (with the amendment approved by the City Council at the August 231d meeting) is being submitted for adoption at this time.
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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 enforcemeWi 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
MUNICIPAL CODE AMENDMENT - UNMANNED AIRCRAFT ("DRONE") ORDINANCE SEPTEMBER 13,2022
PAGE 2
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 Recreational UAS Safety Test ("TRUST") and adhere to other FAA -recognized safety guidelines. with the FAA.
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 amended California Penal Code Section 402 to include drone operators to the list of persons who 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 0 F+.M- UA FM re K Mi- I M Us= V -m M. We =a-
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• 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 100above any public sidewalk, parkway, alley, street, or public parking lot or structure
• Prohibiting the take -off, landing, or operation of drones within 500' of an emergency vehicle that is operating its lights and/or sirens, or of an active law enforcement or emergency response incident
MUNICIPAL CODE AMENDMENT - UNMANNED AIRCRAFT ("DRONE") ORDINANCE SEPTEMBER 13,2022
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• 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)
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.
Quality of Life
FISCAL IMPACT
There is no fiscal impact.
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WHEREAS. Unmanned Airorefte have been known to interfere with emergency 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 boundaries, and that |evvs traditionally ne|mhad to State and local police pgvver— including land use, zoning, privmcy, trespass, and |exvenforoennentopenaUona—ane not subject to Federal regulation; and,
WHEREAS, the FAA's K8ioroUA8 task force has recommended that Unmanned Aircraft operators coordinate with State and local officials when operating Unmanned Aircraft over people; and.
WHEREAS, the FAA has declared that, some operations of Unmanned Airnrafts (including those over certain locations) may violate State and local trespassing |avvo; and.
WHEREAS, the City Council recognizes the difficulties in identifying operators of Unmanned Aincrgfta and Unmanned Aircraft Systems who interfere with public safety, cause injury tootherpereono.omusedannmgetootherpmrmon'epropmrtv.ond/orinvodea person'eexpectation ofprivacy; 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, p|ane, and manner regulations pursuant to its police powers and land use authority to address aafetV, pr|Vacy, nuiaanoe, tnespoan, and zoning issues; and,
WHEREAS, the imposition of community -based safety requirements on the operation ofUnmanned Aircrafte and imposing appropriate regulations on the operation of both Model AircnaftS and Civil Aircr@fts consistent with and not in conflict with Federal Aviation rules is necessary to protect the eoh*ty and privacy of Downey neaidente, business operatora, and gue*te, as well as emergency responders from unwelcome, dangerous orunlawful use ofUnmanned Airora#s.
THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION . Chapter 18 ("Unmanned Aircraft Systems (Drones)") of Article |V ("Public Welfare, N1nro|s' and Policy") of the Downey Municipal Code is hereby added as fQ||om/e:
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 K8oda| UA8s 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 welfar of the public, and to address specific areas of local municipal concern where a dron incident could cause injury to another person, damage to another person's propert, invade a person's expectation of privacy, or interfere with emergency operations. 4999.1 Definitions.
As used in this Chapter, the following words and phrases shall have the meaninc defined in this section unless the context clearly requires otherwise:
A. "Animal" shall mean any pet or wildlife.
B. "City" shall mean the City of Downey.
C. "Civil UAS" refers to an Unmanned Aircraft or Unmanned Aircraft Systei operated for any purpose other than strictly hobby or recreational purpose, including, bi not limited to, commercial purposes or in the furtherance of or incidental to, any busineE or media service or agency.
D. "Emergency responder" shall mean any first emergency respon6 including, but not limited to, law enforcement —' including peace officers, firefighter paramedics, or any emergency rescue service.
E. "FAA" shall mean the Federal Aviation Administration.
F. "Hobby" or "recreational purpose" shall mean personal enjoyment without direct or indirect compensation. The following uses shall not beconsidered hobby or recreational purposes:
1. Taking photographs, audio recordings, or video recordings for any commercial purpose;
2. Taking photogr@phs, audio reoordinge, or video recordings in conjunction with the mm|e of real estate;
3. Taking photographs, audio reoordingS, or video recordings to advertise commercial services;
4. Taking photoQrephS, audio necondingS, or video recordings for use in social media for any connnneroi@| entity or enterprise, non -governmental 3gency, or non-profit/nhgritab|eorganization oragency.
G. ''K8ode| 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.
|. "Operator's assistant" shall mean any individual assisting the operator with the operation ofthe Unmanned Aircraft.
J. "Public UAG^ shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency or City -contracted agent or agency or Downey franchised ud|ib/ companies for government -related purposen, including but not ||nnitad
1. Search and rescue operations
2. Damage assessments
3. Managing special events
4. Monitoring traffic
5. Situational awareness ofcritical incidents
6. Training and support for all previously mentioned scenarios
7. Managing other City operations and Capital Investment Projects K. "Unmanned Aircraft" or ^UA^ ahoU mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft. Unmanned Aircraft shall include, without limitation, "drones."
L. "Unmanned Aircraft Systems" or ^UAS^ oho|| mean any Unmanned Aircraft and associated e|en1ente, inc|uding, but not limited to, any communication links and components that control the Unmanned Aircraft — including any apparatus that captures still visual |rnaOee (eU|| photographs or moving video) or audio naoordin0a, as well aeany other payload.
M. ''Vieuo| line of sight" shall mean an unobstructed view of an Unmanned Aircraft or Unmanned Aircraft System by its operator utilizing the operator's natural vision throughout the entire flight of the UA or UAS. Use of the following devices/instruments shall not constitute visual line ofsight for the operator:
1. The use of any vision enhancing devioe, such as binoou|ora, night vision gogg|ee, and vision magnifying devices (other than standard ayeQ|oaeeo or contact lenses designed tocorrect the operator's V|sion);
2. The use ofany goggles, video -relay nnonitora, or any other device designed to provide a "first -person vimvv' from the Unmanned Aircraft to the operator or operator's assistant;
3. The use of any other person (including an operator's assistant) in lieu of the operator, except as may otherwise be permitted by Federal law.
This Chapter is not intended to preempt Federal Aviation Administration (FAA) rules or State law relating tothe CaKe-off. |and|ng, or operation of any UA or UAS 0ncluding, but not limited to, any K8odm| Aircraft, K8od8| UAS. or Civil UA8\, but rather to operate in conjunction with those rules and laws to pnDmnO1e public safety and privacy while recognizing the limitations inthe FAA's enforcement authority. 4999'3 Operating Requirements
No person shall ceuee, eUow, permit, orsuffer the take off. |anding, or operation of an UA or UA8 in the Citv, unless in strict adherence to the following regulations:
A. The UADrUAS shall only take off. |mnd, oroperate within the City during the hours of7:OO a.m. and 8:00 p.m.;
B. The UA or UA8 shall not take off or land On any public Sidevvo|k, parkway, a||ey, street, highvvmy. or public parking lot mrstructure in the City, nor operate less than one hundred feet (100') above any public oidevva|k, pmrkmay, aUey, atnoet, highxvay, or public parking lot orstructure in the City;
C. The UA or UAG mhoU not take of[ |and, or be on or over any privately - owned property other than one belonging to the operator oroperator's assistant without the express written consent of the owner and/or occupant of that property; D. The UAorUASshall not take off, land, oroperate within five hundred feet (5OU')ofany emergency vehicle that isoperating with lights and/or sirens; E. The UAorUA8shall not take off, land, oroperate within five hundred feet (500') of any active |mxx enforcement or emergency response innident, or in any manner that directly interferes with the lawful efforts of any emergency responder in response to enemergency orinaneffort toprovide emergency services;
F. The UAorUASshall not take off, land, oroperate within five hundred feet /500'\ of any Public UA8 or of any manned aircraft operated by any public agency (including law enforcement) for governmental purposes;
G. The UAVrUA8shall not take off, land, oroperate within two hundred feet (200') of a school facility during school hours or school events without prior notification to and written authorization byschool officials;
H. The UAorUA8shall not take off, land, oroperate within one hundred feet (100') of any public building or fmoi|ih/ without prior notification to and written authorization bythe City;
|. The UAorUAG shall be and shall remain |nthe operator's visual line of sight at all t|nnea from take -off to landing;
J. The UA Or UAS oh8|| not be closer than twenty-five feet (25) to any human being except the operator and/or operator's assistant at any time other than take- off
2. In the event the owner or person in charge of the damaged property cannot reasonably be ascertained or |ooated, the operator shall leave in e conspicuous place onthe property damaged, avvhtten notice providing the name and current residential address of the operator and of the ovxne, of the UA or LjA8 involved.
The operator must also notify the Downey Po||om Department with this information within 24hours ofthe incident;
3. |fdamage is caused to any City property, the operator shall notify the Downey Police Department or other appropriate City Official within 24 hours of the incident.
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 Chapter.
This Chapter shall not apply to:
A. Any PutdicUAS;
B. Any Civil UA8 authorized pursuant to o Fl|nn Permit or Special Event Permit issued by the CUx, when operated in compliance with all conditions of the Film Permit or Special Event Permit.
A. In addition toany other remedy, any person who causes, pernlita, aidn, abete, nufhena, 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 e misdemeanor punishable inaccordance with Section 12OOofthis Code.
B. Each violation of this Chapter is hereby declared to beepublic nuisance.
C. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
D. |naddition to other remedies provided by this Chapter orby 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 orphrase of this Chapter is'declared by a court of competent jurisdiction to be unconstitutional or otherwise inv8|id, such decision eho|| not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Ch8otar, and each mection, aubaection, oentence, c|auae, phrase orportion thereof, irrespective ofthe
fact that any one or more sections, subsections, phrases, or portions be declared invalid or •
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this - day of � 202?j
BLANCA PACHECO, Mayor
ATTEST'
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES)
CITY OF DOWNEY
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 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the _ day of 2022, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22- 1 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