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Home My WebLink AboutORD 1487 (2017)ORDINANCE NO. 1487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 11 TO ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING THE REGULATION OF UNMANNED AIRCRAFT. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. The 2015-2016 Orange County Grand Jury report entitled "Drones: Know Before You Fly' found that recreational drones have greatly increased in number since December 2015 and their unregulated use will pose significant threats to public safety and privacy in Orange County cities and unincorporated areas. B. Numerous instances of drone interference with fire and emergency services have been documented. C. On June 22, 2016, the Federal Aviation Administration (FAA) finalized notice of proposed rulemaking (NPRM) entitled Operation and Certification of Small Unmanned Aircraft Systems which imposes operating and certification requirements to allow small unmanned aircraft systems in the National Airspace System for non -hobby purposes and non -recreational purposes. D. Although the FAA's NPRM wholly occupies the regulatory field governing operation of aircraft within the National Airspace System, the FAA declared that "laws traditionally related to State and local police power — including land use, zoning, privacy, trespass, and law enforcement operations — generally are not subject to Federal regulation." E. The City concurs that the City Council has police powers and authority to issue regulations related to land use, zoning, privacy, and law enforcement operations and the exercise of such power and authority herein is not preempted by federal or state law. F. The public necessity, convenience, and general welfare justify the proposed addition of Chapter 11 (Unmanned Aircraft Systems) to Article 4 (Health and Sanitation) of the Tustin City Code. G. That proposed Ordinance No. 1487 is not subject to the California Environmental Quality Act ("CEQA") because it is exempt pursuant to CEQA Guidelines (14 Cal. Code Regs.) sections 15060(c)(2), 15060(c)(3), and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable Ordinance No. 1487 Page 1 of 5 indirect physical change in the environment; the activity is not a project as defined in Section 15378, and the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 2. Chapter 11 (Unmanned Aircraft Systems) is hereby added to Article 4 (Health and Sanitation) of the Tustin City Code to read as follows: CHAPTER 11 — UNMANNED AIRCRAFT SYSTEMS 4960 — PURPOSE The operation of Unmanned Aircraft Systems (UAS), commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements and restrictions on the operation of UAS that do not preempt federal aviation rules or authority, or state law, is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UAS. 4961 — DEFINITIONS Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this chapter. Unmanned Aircraft System (UAS) or Drone means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft. FAA means the Federal Aviation Administration. Person means any individual, partnership, corporation, or joint venture. Visual Line of Sight means that the operator has an unobstructed view of the UAS. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. 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 do not constitute visual line of sight of the operator. Public UAS means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the Ordinance No. 1487 Page 2 of 5 United States Code to operate a public aircraft, including, but not limited to, the Tustin Police Department, Orange County Sheriff/Coroner, Orange County Fire Authority, or any other Federal, State and local government agency. 4962 — PROHIBITED OPERATIONS (a) No person shall takeoff or land a UAS outside of the person's visual line of sight. (b) No person shall takeoff or land a UAS within 25 feet of another individual, except the operator or the operator's designee. (c) No person shall takeoff or land a UAS on private property without the written or electronic consent of the property owner, if the property owner is a person other than the UAS operator. UAS operators must have on their possession a copy of the written or electronic consent from the owner of the property, or properties, upon which they takeoff or land a UAS. (d) No person shall takeoff or land a UAS within one hundred (100) feet of any City - permitted and/or City -sponsored public event unless granted written or electronic permission by the City. UAS operators must have on their possession a copy of the written or electronic consent from the City when they takeoff or land a UAS within one hundred (100) feet of any City -permitted and/or City -sponsored public event. (e) No person shall takeoff or land a UAS within one thousand five hundred (1500) horizontal feet of any aircraft, including any UAS. (f) No person shall takeoff or land a UAS that has any type of weapon attached to it. 4663 - NO RECKLESS ENDANGERMENT No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another. 4664 - TIME, PLACE AND MANNER RESTRICTIONS (a) No person shall takeoff or land a UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens. (b) No person shall takeoff or land a UAS within five hundred (500) feet of any active law enforcement or emergency response incident. (c) No person shall takeoff or land a UAS in violation of any Temporary Flight Restriction or Notice to Airmen issued by the FAA. Ordinance No. 1487 Page 3 of 5 (d) No person shall takeoff or land a UAS within one hundred (100) feet of a school facility without prior notification and written or electronic authorization of school officials. UAS operators must have on their possession a copy of the written or electronic authorization from the school when they takeoff or land a UAS within one hundred feet of the school. (e) No person shall takeoff or land a UAS within five hundred (500) feet of any county or City -owned jails, holding facilities, law enforcement facility, or within one hundred (100) feet of any designated publicly owned building chosen by the City. The designation of publicly -owned buildings subject to this subsection shall be at the discretion of the City Manager. The addresses of all properties described in this subsection shall be available for viewing by the public at the City Clerk's Office. 4665 – EXEMPTION (a) This chapter shall not apply to any Public UAS. (b) This chapter shall not apply to any UAS weighing less than 0.55 Ib. 4667 – VIOLATION—PENALTY In addition to any other penalty or remedy set forth in the Tustin City Code (including all remedies available under Chapter 1 of Article 1 of the Tustin City Code) or set forth under State or Federal law, any person violating this Part shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000.00) per violation or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day or portion thereof that a person permits a violation of this chapter to continue shall constitute a separate and subsequent offense. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 7t' day of November, 2017. Ordinance No. 1487 Page 4 of 5 0a0r'---- DR. ALLAN BERNSTEIN, Mayor ATTEST: #�L ERICA N. RABE, City Clerk APPROVED AS TO FORM: r� DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1487 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1487 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 17th day of October, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 7th day of November, 2017, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: &k -z ERICA N. RABE, City Clerk Ordinance No. 1487 Page 5 of 5 Berristein, Murray, Gomez, Clark (4) (0) (0) Puckett (1)