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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 p:\docs\13156\00008\doc\1 oc5761.doc 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