Here's a link to the ban:
St. Bonifacius – Ordinance No. 115 | Sun Patriot
From the law:
"9-9.3 – Prohibition. No person, entity, governmental unit or law enforcement agency may operate a Drone within the air space of the City.
9-9.4 – Exceptions. This Section does not prohibit the use or operation of a Drone in the City’s airspace if:
a. a law enforcement agency first obtains a warrant authorizing its use; or
b. a law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person; or
c. it is operated only within the boundaries of an individual’s real property, and has no surveillance capabilities."
And here's a link to the FAA regulation on UAS:
https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
From the UAS regulation:
"Operational UAS restrictions on flight altitude, flight paths; operational bans; any regulation of the navigable airspace. For example – a city ordinance banning anyone from operating UAS within the city limits, within the airspace of the city, or within certain distances of landmarks. Federal courts strictly scrutinize state and local regulation of overflight. City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973); Skysign International, Inc. v. City and County of Honolulu, 276 F.3d 1109, 1117 (9th Cir. 2002); American Airlines v. Town of Hempstead, 398 F.2d 369 (2d Cir. 1968); American Airlines v. City of Audubon Park, 407 F.2d 1306 (6th Cir. 1969)."
I just spoke to the Mayor. He claims it's a complaint base law. That it gives the home owner the ability to stop someone from flying a drone over their property. He said I can still fly my drone in the city parks and such. But from what I've read on the law posted above, that's not true. I cannot fly a drone anywhere if it has surveillance capabilities.
The mayor also said the FAA has no authority on 0-300'. That the city and home owners control that?
I've also spoke to an officer last week. He chuckled about the law and how hard it would be to enforce.
Thoughts?
St. Bonifacius – Ordinance No. 115 | Sun Patriot
From the law:
"9-9.3 – Prohibition. No person, entity, governmental unit or law enforcement agency may operate a Drone within the air space of the City.
9-9.4 – Exceptions. This Section does not prohibit the use or operation of a Drone in the City’s airspace if:
a. a law enforcement agency first obtains a warrant authorizing its use; or
b. a law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person; or
c. it is operated only within the boundaries of an individual’s real property, and has no surveillance capabilities."
And here's a link to the FAA regulation on UAS:
https://www.faa.gov/uas/regulations_policies/media/UAS_Fact_Sheet_Final.pdf
From the UAS regulation:
"Operational UAS restrictions on flight altitude, flight paths; operational bans; any regulation of the navigable airspace. For example – a city ordinance banning anyone from operating UAS within the city limits, within the airspace of the city, or within certain distances of landmarks. Federal courts strictly scrutinize state and local regulation of overflight. City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973); Skysign International, Inc. v. City and County of Honolulu, 276 F.3d 1109, 1117 (9th Cir. 2002); American Airlines v. Town of Hempstead, 398 F.2d 369 (2d Cir. 1968); American Airlines v. City of Audubon Park, 407 F.2d 1306 (6th Cir. 1969)."
I just spoke to the Mayor. He claims it's a complaint base law. That it gives the home owner the ability to stop someone from flying a drone over their property. He said I can still fly my drone in the city parks and such. But from what I've read on the law posted above, that's not true. I cannot fly a drone anywhere if it has surveillance capabilities.
The mayor also said the FAA has no authority on 0-300'. That the city and home owners control that?
I've also spoke to an officer last week. He chuckled about the law and how hard it would be to enforce.
Thoughts?