Ordinance 08-2016 AviationAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 14,
AVIATION; ARTICLE II - AIRCRAFT; TO INCLUDE A NEW
SECTION 14-35, "DRONES; MODEL AIRCRAFT", PROVIDING
FOR PURPOSE, DEFINITION, PROHIBITION, EXEMPTIONS
AND REQUIREMENTS FOR A PERMIT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended
at Chapter 14, Article II - Aircraft, to include a new Section 14-35, to read as follows:
(a) Purpose.
As a result of the rapid implementation of drone and model aircraft
technology, many issues arise from their use, such as invasion of privacy and
concerns for public safety. Drones and model aircraft have the ability to carry
wireless cameras that record data and/or transmit live streams of data. Without
regulating the use of drones and model aircraft, they could be used to invade the
privacy of Town residents who are enjoying the use of their property.
In addition, drones and model aircraft are defined as unmanned aerial
systems (UAS's). They pose a public safety concern not only to other aircraft or
objects in the air, but to the residents of the Town and their property. Some of
these concerns include, but are not limited to, unexpected drone or aircraft
malfunctions, loss of control, unforeseen incidents that can cause inability to
sustain flight as intended, their ability to carry weapons and the potential for use
in the planning and execution of a wide variety of criminal activity.
(b) Definition.
"Drone / Model Aircraft" is defined as a powered, aerial vehicle that:
a) Is any contrivance used or designed to navigate or fly in the air;
b) Does not carry a human;
C) Uses aerodynamic forces to provide vehicle lift;
d) Can fly autonomously or be piloted remotely;
e) Can be expendable or recoverable
f) Model aircraft of less than three pounds and which do not carry a
camera are not included within this definition.
(c) Prohibition.
No person, entity, governmental unit or law enforcement agency may take
off, fly or land a drone or model aircraft within the confines of the Town of Palm
Beach unless specifically exempted or permitted in accordance with the terms of
this ordinance.
(d) Exemptions.
The following shall be exempt from the prohibitions stated above subject
to their meeting all applicable Federal Aviation Administration (FAA) rules
regarding operation and registration.
a) A law enforcement agency which has obtained a court approved
warrant authorizing its use for investigations;
b) Where, upon approval of the Director of Public Safety or the
Director's designee it is determined that a drone or model aircraft is
necessary to assist law enforcement, fire rescue or ocean rescue
personnel in emergency situations or critical incidents;
c) Where the drone or aircraft is operated only within the boundaries
of an individual's real property and where the drone or model
aircraft operation for personal use.
(e) Drone / Model Aircraft Operation Requirements Subiect to Issuance of a
Permit:
Drone/model aircraft operation used for educational, environmental or
commercial purposes may be permitted by the Town subject to the requirements
listed below: The drone or model aircraft
a Must weigh no more than 55 lbs;
a Must remain within the visual sight of the operator at all times;
a May not be operated over any person, gathering of persons or
residences that would cause a hazardous or unsafe condition;
® May not be operated at an altitude that would create a hazardous
condition and/or interfere with any plane, helicopter or other aircraft
already in flight, as per FAA requirements;
a May not have an airspeed in excess of 100 mph;
® Must have a minimum weather visibility of 3 miles;
® Must be operated between sunrise and sunset;
® May not be operated in a careless or reckless manner;
Ordinance No. 08-2016 2
a Operator must demonstrate that the person operating the drone
has no physical or mental condition that would interfere with the
safe operation of the drone;
® Applicant shall provide a minimum of $1,000,000.00 of liability
insurance for the use of drones and model aircraft;
® Operator and model aircraft equipment must meet all current FAA
requirements for commercial UAV operations;
a Must be properly registered with the FAA according to FAA
guidelines.
(f) Permit Application.
Permits for the operation of drone/model aircraft as provided herein shall
be applied for with the Director of Public Safety at least thirty (30) days prior to
the date upon which the drone or model aircraft is to be operated. In the event of
an emergency or similar time sensitive situation in which it is impractical to apply
thirty (30) days prior to the date upon which the drone or model aircraft is
requested to be flown, the Director of Public Safety, for good cause shown, allow
for an expedited application of less than 30 days prior to the event. The permit
shall detail the specific reason for the need for the operation of the drone or
model aircraft, the specific time and specific place the drone or model aircraft is
to be operated. In the event the drone is to be used for commercial motion
picture making, the applicant must comply with the provisions of Chapter 22 of
the Town Code of Ordinances. However, commercial motion picture making
shall not include videos made for purposes of monitoring, for environmental
purposes or for aerial tours conducted in regard to real estate promotion or sales.
The drone operator shall provide the Town proof of liability insurance for the use
of drones and model aircraft in an amount not less than $1,000,000.00 per
incident. The permit will only be issued after being reviewed and approved by
the Director of Public Safety or a representative designated by the Director of
Public Safety and upon payment of a permit fee in an amount to be established
by resolution.
(g) Penaltv.
Any person or entity in violation of any of the provisions of this ordinance
shall be subject to the code enforcement provisions relating thereto.
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such invalidity
shall not affect the other provisions or applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this end the provisions of this Ordinance
are hereby declared severable.
Ordinance No. 08-2016
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict
with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 10th day of May, 2016, and for second and final
rea ing on this 14th day of June, 2016.
Oil Conig io, Mayor Michae . Pucillo, n Council President
Rihard M. Kleid, President Pro Tem
'ES°T,
san A. Owens, MMC, Town Clerk
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Bobbie Lindsay, Town C ncil Me ber
niell H. Moor wn Council Member
Marga t A. e0a , Town Council Member
Ordinance No. 08-2016 4