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HomeMy WebLinkAboutDRONE ORDINANCE PRESENTATION - 10.17.17Item 8 Proposed Ordinance Regulating Unmanned Aircraft (Drones) Tustin City Council October 17, 2017 Background •Unmanned Aerial Systems, commonly known as “drones”, are growing in popularity. •Many legitimate uses are being made of drones: –Use by realtors to assist in marketing listings –Assistance in search and rescues –Aids in law enforcement and firefighting –Delivery of goods –News reporting and documenting disasters from aerial perspectives –Striking footage of scenery and events Background •But concerns have arisen about the ways in which drones have been misused, and concerning the the safety of their use. •As recently as yesterday a drone collided with a commercial aircraft in Quebec City, Canada. No one was injured, but the FAA is pointing to the incident as evidence of the need for greater compliance with drone regulations State and Federal Law Preemption •There are existing State laws that prohibit some uses of drones. (More on this in a moment.) •The Federal Aviation Administration (FAA) has elaborate regulations governing drones. •Federal Law and the FAA Regulations largely preempt efforts by cities to regulate drones while they are in flight. •Thus the City must be careful only to regulate in ways that are not already preempted by State or Federal law. Existing Laws/Regulations •Federal Laws and Regulations: –Elaborate rules that vary depending on the size, use, and location of the drone. –All users of drones should familiarize themselves with the FAA website at https://www.faa.com/uas/ –Also, all drone operators should load the free smartphone app sponsored by the FAA to determine whether there are any local restrictions or requirements in effect before launching. The app is called “B4UFLY” Existing Laws/Regulations •There are also existing State laws that prohibit some uses of drones. For instance, there are laws that make it a crime to: –Invade someone’s privacy using a camera or other device where they have a reasonable expectation of privacy; or –Use a drone in a way that interferes with a police department or fire department emergency response. The ACCOC Model Ordinance •Given the constraints imposed by Federal preemption, the Association of California Cities, Orange County convened a working group to prepare a Model Ordinance for cities to consider •The Model ordinance contains restrictions on the locations where drones may takeoff and land, and restrictions on drone equipment (e.g., no weapons may be attached). The Proposed Ordinance •Proposed Ordinance 1487 is based on the ACCOC Model Ordinance, with a few clarifications. •The Ordinance would establish several restrictions on drone usage in Tustin, including the following: –Requiring takeoff and landing to be within the operator’s line of sight –Prohibiting takeoff or landing within 25 feet of another person –Prohibiting operation within 500 feet of jails or law enforcement facilities. –Requiring operators to get the consent of property owners before taking off or landing on their property. –Requiring special permits to takeoff or land within 100 feet of a City - permitted event The Proposed Ordinance •The Ordinance would establish several restrictions on drone usage in Tustin, including the following: –Prohibiting takeoff or landing within 100 feet of a school without authorization from the school –Prohibiting takeoff or landing within 1,500 feet of any aircraft –Prohibiting weapons from being attached –Prohibiting drones from taking off or landing in a manner that creates a substantial risk of injury or property damage –Prohibiting taking off or landing within 500 feet of an emergency vehicle with lights operating –Taking off or landing within 500 feet of an active law enforcement or fire response incident. The Proposed Ordinance •There are two primary exemptions from the proposed Ordinance: –Law enforcement and fire department operated drones are exempt; and –Due to Federal preemption, drones weighing less than 0.55 pounds are exempt. •The ordinance would establish that it is a misdemeanor to violate the new Ordinance. How Some Other Cities Approach Drones •Irvine: defers to Federal regulations (e.g., no local regulations, with links on their website to Federal information) •Newport Beach –considering a similar ordinance, but may take an “educational approach” rather than a regulatory approach •Huntington Beach –website says they are working with the ACCOC working group, but no ordinance has yet been adopted. How Some Other Cities Approach Drones •Laguna Beach –adopted an ordinance in June prohibiting drones from being operated over certain parks in the city, and over certain city events, except with an FAA Remote Pilot Certificate; adopts prohibitions similar to state law prohibiting drone use in a way that invades privacy. Recommended Action •Proposed Ordinance 1487 is based on the ACCOC Model Ordinance with just a few clarifications •The staff recommendation is to: –Conduct the first reading by title only of Ordinance 1487 and direct staff to schedule the Ordinance for second reading and adoption at the next regular meeting of the City Council.