(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the city manager or primary administrator of the building.
(c) The remote pilot must have written authorization in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the chief administrator of the building, City Manager, or other designated representative of the City of Imperial.
(2) City hall. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of City Hall, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the City Manager or other designated representative of the City of Imperial.
(c) The remote pilot must have written authorization in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the chief administrator of the building, the City Manager or the designated representative of the City of Imperial.
(3) Courts. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any courthouse or courthouse facilities that are operated, controlled, owned, operated, or managed by the State of California, the Judicial Council of California, or United States Government unless:
(a) The operation follows all applicable federal, state and local laws and regulations; and (b) Is operating in compliance with the written authorization of the designated representative of the State of California or the Judicial Council of California. (c) The remote pilot must have the written authorization of the designated representative of the State of California or the Judicial Council of California in their physical possession and readily accessible to present for inspection, upon the request of any law
enforcement officer, judge or commissioner of the courthouse, or the designated representative of the State of California or the Judicial Council of California. (4) Police station(s). No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any Imperial police station, structure, or facility, unless:
(a) The operation is following all applicable federal, state, and local laws and regulations; and
(b) Is operating in compliance with the written authorization of the Police Chief or the designated representative of the Imperial Police Department. (c) The remote pilot must have the written authorization of the Police Chief, or the designated representative of the Imperial Police Department, in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the Imperial Police Department. (5) Fire station(s). No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any fire station, structure, or facility, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the Fire Department. (c) The remote pilot must have the written authorization of the Fire Department in their physical possession and be readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the Fire Department. (6) Schools. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any school building, property, or facility unless:
(a) The operation follows all applicable federal, state and local laws and regulations; and (b) Is operating in compliance with the written authorization of the principal or superintendent of the school.
(c) The remote pilot must have written authorization of the principal or superintendent of the school in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, school staff, or representative of the school or school district.
(7) Public utility facilities. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 400-foot horizontal distance of any public utility facility, including, but not limited to, any water, sewage, or electric generating facility, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the public utility facility. (c) The remote pilot must have written authorization of the public utility facility in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the public utility facility. (8) Communication and utility lines. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or data, within the city, unless:
(a) The operation follows all applicable federal, state and local laws and regulations; and (b) Is operating in compliance with the written authorization of the chief administrator of the equipment.
(c) The remote pilot must have the written authorization of the chief administrator of the equipment in their physical possession and be readily accessible to present for inspection, upon the request of any law enforcement officer, or chief administrator of the equipment.
(9) Religious institutions. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 400-foot horizontal distance of any place of worship, building, facility, or property owned, rented or operated by a religious institution, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the designated representative of the religious institution.
(c) The remote pilot must have written authorization of the designated representative of the religious institution in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the religious institution.
(10) County buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 400-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the County of Imperial, unless:
(a) The operation follows all applicable federal, state and local laws and regulations; and (b) Is operating in compliance with the written authorization of the designated representative of the County of Imperial.
(c) The remote pilot must have written authorization of the designated representative of the County of Imperial in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or employee of the County of Imperial.
(11) State buildings. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the State of California, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the designated representative of the State of California.
(c) The remote pilot must have written authorization of the State of California in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the State of California. (12) Federal buildings. No person may operate a drone, unmanned aircraft, or small unmanned aircraft above or within a 400-foot horizontal distance of any building, property, or facilities that are operated, controlled, owned, or managed by the United States of America, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the designated representative of the United States of America.
(c) The remote pilot must have the written authorization of the designated representative of the United States of America in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer or representative of the United States of America.
(13) Special events. No person may operate a drone, unmanned aircraft, or small, unmanned aircraft above or within a 400-foot horizontal distance of any special event held in the city, unless:
(a) The operation follows all applicable federal, state, and local laws and regulations; and (b) Is operating in compliance with the written authorization of the City Manager or their designee.
(c) The remote pilot must have written authorization of the city Manager or their designee in their physical possession and readily accessible to present for inspection, upon the request of any law enforcement officer, the City Manager or their designee.
SECTION 5. Exemptions.
(A) In accordance with 14 C.F.R. § 48.15 and 49 U.S.C.A. § 44809, a person may operate a drone or unmanned aircraft in the City of Imperial without specific certification or operating
authority from the Federal Aviation Administration if the operation adheres to the following limitations:
(1) The aircraft is flown strictly for recreational purposes. (2) The aircraft is operated in accordance with or within the programming of a communitybased organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator. (4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions. (7) The operator has passed an aeronautical knowledge and safety test described in subsection 49 U.S.C. § 44809(g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
(B) Drone or unmanned aircraft operations that do not comply with all requirements in this section must comply with all federal, state, and local laws and regulations generally applicable to drones, unmanned aircraft, and small, unmanned aircraft, including but not limited to registration requirements, and obtaining operating authority from the Federal Aviation Administration.
(C) The provisions of this Chapter shall not apply to any drone, unmanned aircraft, or small unmanned aircraft that is used or operated on behalf of the City or any law enforcement, public safety, emergency service or government agency in compliance with all applicable federal, state, and local laws and regulations.
(D) The provisions of this Chapter shall not apply to any aircraft that is used or operated on behalf of the Armed Forces of the United States.
SECTION 6. Commercial operations.
(A) In addition to the other requirements of this Chapter, commercial drone, unmanned aircraft, or small, unmanned aircraft operators must comply with all applicable federal, state, and local laws and regulations while operating within the City.
(B) A business license must be obtained from the city before commencing any commercial drone, unmanned aircraft, or small, unmanned aircraft activities within the city. If commercial drone, unmanned aircraft, or small, unmanned aircraft activities involve operating in, or passing through, multiple jurisdictions, the commercial drone, unmanned aircraft, or small, unmanned aircraft operator is responsible for paying the proportionate business license fees and taxes due to the city for the proportion of operations occurring within the limits of the city and its airspace.
(C) Commercial drone, unmanned aircraft, or small, unmanned aircraft operators must submit a request for approval for at least ten business days to the City before commencing any commercial drone, unmanned aircraft, or small, unmanned aircraft operations. The request for approval must include each of the following:
(1) The intended flight plan; and
(2) The date of the operation; and
(3) If the operation is done during the day or night; and (4) If the operation is done over human beings; and
(5) If the operation is done over vehicles; and
(6) Any FAA approved operation waiver; and
(7) Number of drones, unmanned aircraft, or small, unmanned aircraft; and
(8) All required registration, identification and certification numbers for all drones, unmanned aircraft, or small, unmanned aircraft being used during the operation; and (9) The full names of all remote pilots, visual observers (if used), or persons manipulating controls (if used); and
(10) A copy of all remote pilot certificates for all remote pilots participating in the operation.
(D) Before approval the remote pilot, visual observer, owner, operator, or person manipulating the flight controls of a small, unmanned aircraft system must, upon request of the City, allow any test or inspection of the small, unmanned aircraft system, the remote pilot , the person manipulating the flight controls of a small, unmanned aircraft system, and, if applicable, the visual observer to determine compliance with all applicable federal, state, and local laws and regulations, and this Chapter, in accordance with 14 C.F.R. § 107.7 and 14 C.F.R. § 107.45.
SECTION 7. Enforcement.
(A) Any drone, unmanned aircraft, or small, unmanned aircraft operated in violation of any provision of this Chapter is hereby declared to be a public nuisance. (B) Any unmanned aircraft system, or small, unmanned aircraft system operated in violation of any provision of this Chapter is hereby declared to be unlawful and a public nuisance. (C) Any party who engages in a violation of this Chapter, or who owns, possesses, manages, controls, operates, or has charge of any drone, unmanned aircraft, or small, unmanned aircraft in violation of this Chapter, shall be subject to the penalties and remedies provided by this Chapter.
(D) Any violation of this Chapter shall constitute a separate offense for each day the violation occurs or persists.
(E) Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and by imprisonment of up to six months in jail.
(F) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day. (G) Any intentional injury or property damage caused while operating a drone, unmanned aircraft, or small, unmanned aircraft, that is otherwise in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter. (H) Any injury or property damage caused while operating a drone, unmanned aircraft, or small unmanned aircraft, that is not in compliance with the applicable provisions of this chapter and all other applicable federal, state, and local laws and regulations, shall constitute a violation of this chapter.
(I) Upon any violation of this Chapter, the City Manager's Designee, any Emergency Responder, or any other law enforcement officer (collectively "Officer") shall be authorized to use reasonable force during the lawful performance of their duties to cause any violating drone, unmanned aircraft, or small, unmanned aircraft to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a drone, unmanned aircraft, or small, unmanned aircraft caused by an Officer if such damage was reasonably necessary to the enforcement of this Chapter. (See California Penal Code § 402, California Government Codes § 820.2, § 853 and § 853.1)
(J) Neither the City, nor any Emergency Responders involved, shall be liable for any damage to any drone, unmanned aircraft, or small, unmanned aircraft caused by an Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services. (See California Government Codes § 820.2, § 853 and § 853.1)
(K) Any drone, unmanned aircraft, or small, unmanned aircraft found to be operated in violation of this Chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this Chapter. Any impounded drone, unmanned aircraft, or small, unmanned aircraft will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee as set forth by separate resolution.
(L) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded drone, unmanned aircraft, or small, unmanned aircraft shall be recoverable from the owner and operator of the drone, unmanned aircraft, or small, unmanned aircraft.
Proof of liability for any forfeiture petition under this Chapter shall be by a preponderance of the evidence.
(M) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the city.
SECTION 8. Severability
If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are hereby declared to be severable.
SECTION 9. CEQA
The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act ("CEQA") due to there being no potential for the resulting in the physical change in the environment, either directly or ultimately.
SECTION 8. Effective Date
This ordinance shall take effect thirty (30) days after its adoption and shall be codified in the Imperial Municipal Code.
PASSED, APPROVED, AND ADOPTED
by the City Council of the City of Imperial, California, on the ___ day of ________, 2026