No More Flying at Park

[Anthony Radford]

Ok, so I went to my local township park today to fly my P3P today, as there as some beautiful wooded areas and good scenery to film. And I swear, not even 5 minutes after I got airborne, a park "custodian" (non-Ranger) came up to me, and slapped me with a $250 fine! Apparently, the Township Park Board signed and put into effect a No-Drone rule just earlier this month! It was SO recent, it wasn't even posted anywhere!


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[m0j0]

Then go to court and fight the fine. It is difficult to keep up with ordinances that aren't posted.


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[FASTFJR]

Ok, so I went to my local township park today to fly my P3P today, as there as some beautiful wooded areas and good scenery to film. And I swear, not even 5 minutes after I got airborne, a park "custodian" (non-Ranger) came up to me, and slapped me with a $250 fine! Apparently, the Township Park Board signed and put into effect a No-Drone rule just earlier this month! It was SO recent, it wasn't even posted anywhere!


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If no signs were posted that is a real **** move on the townships park

 

[BigAl07]

Keep us posted. Hopefully it will get tossed out since it wasn't posted. Hopefully there wasn't a public notification in the local papers etc as well. Hard to follow the rules when they are hidden.

 

[Sagebrush]

after I got airborne, a park "custodian" (non-Ranger) came up to me, and slapped me with a $250 fine!

So this isn't citing you into court? Just assessing a civil fine of $250?

Where is this?

SB

 

[Traveler]

I would fight it! How is a reasonable person going to know of a new rule without some notice. I would start by taking pictures of all other signs within the park that sate all other rules, i.e., no dogs, keep off the grass, etc. if they can post for other offenses, than you and others should receive no less.
Please keep us posted.

Cheers


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[28wins]

Sorry to read!

Did he ask for and did you provide ID?

 

[Anthony Radford]

He didn't ask for any ID, however I did say that I am FAA registered... also, he wanted me to just "kill" power over the field and let it fall rather than me bringing it in to land. To that, I basically told him he could kiss my ***, that it's a $1000 device and not a $40 toy...

Apparently, it's now listed real small on a "Rues and Regs" posting on a bulletin board on the other side of the park...

Also, I live in Cincinnati OH, and the township in question is Anderson Township..

 

[28wins]

Completely reckless, what if you were crazy enough to comply and it had fallen over someone?
Unbelievable!

I asked about the ID because I was curious how the citation issuance process went.
If he doesn't know who you are, what ties you to the citation?

 

[Anthony Radford]

Completely reckless, what if you were crazy enough to comply and it had fallen over someone?
Unbelievable!

I asked about the ID because I was curious how the citation issuance process went.
If he doesn't know who you are, what ties you to the citation?

Yes, he did look at my ID for that information. I misunderstood you the first time I guess... am going to their office today to talk to someone in charge. Also, isn't it the FAA that governs and controls aerospace, and not the local park board? And doesn't their "property" end at or around 83ft agl?

I hate this - for some reason, I can't log into my PhantomPilots app, and when I type a reply here in Safari, I keep getting sent to the bottom of the page!

 

[N017RW]

Cities, towns, counties, etc. can tell you that you cannot operate from their controlled property but cannot prevent a fly-over from neighboring areas outside of their control.

Forget the 83 ft property rights or similar arguments.

It's a very old decision and if you research it you'll see it's not to be counted on for conviction or defense.

 

[Sagebrush]

Yes, he did look at my ID for that information. I misunderstood you the first time I guess... am going to their office today to talk to someone in charge. Also, isn't it the FAA that governs and controls aerospace, and not the local park board? And doesn't their "property" end at or around 83ft agl?

I hate this - for some reason, I can't log into my PhantomPilots app, and when I type a reply here in Safari, I keep getting sent to the bottom of the page!

The FAA considers the national airspace to start from the surface. I think the land owner/administer can only prevent you from taking off, controlling or landing on their administered land.

Does this ticket cite you into a court? I'm just wondering where you came up with the $250 figure. Normally, when one gets pulled over for a traffic citation, its not written on the ticket how much the fine and fees are... now you might ask the cop and he may answer. Just wondering where the $250 figure came from.

SB

 

[fvader]

Yes, he did look at my ID for that information. I misunderstood you the first time I guess... am going to their office today to talk to someone in charge. Also, isn't it the FAA that governs and controls aerospace, and not the local park board? And doesn't their "property" end at or around 83ft agl?

I hate this - for some reason, I can't log into my PhantomPilots app, and when I type a reply here in Safari, I keep getting sent to the bottom of the page!

He could have just said, hey we don't allow that here, you'll need to stop. i'm sure you would have complied.. but considering they are hard up for money, you get the fine.
If it were me, i wouldn't pay it and just not go back there anymore.. (maybe let your pass expire and then get a new one - i'm not sure how they keep records)

if you try to challenge it, i think you'll probably lose, it was made a park law in 2015
http://www.andersonparks.com/uploads/DroneLegalNotice.pdf

 

[RJ_Make]

Wow, Just wow. Do you live with-in this township?

 

[Steve vaughan]

Who and what athority did this guy have to write a ticket if not a law enforcement officers no one can write a citation

 

[Lifted Chevy]

This reminds me of a bs situation I went threw. I purchased a pack of smokes at a store and walked out the door and opened the cigarettes. Took a drag and two cops ran up and gave me a ticket because smoking was banned in that city. Like a speed trap. I went to court and the judge said pay the fine ! As dumb as it sounds just pay the ticket if it's legitimate and warn others. It sucks but the law is "the law".

 

[tcope]

I checked and there are references to this on their website. But I suspect they should be posting it with the rules at the park. If you got there and read the rules and it was not listed, I'd suspect a reasonable person would think it was okay. By posted the rules at the park and not including this, I think it's their bad. As Steve mentioned, I'd also question is that person has the authority to write a ticket. You may want to look into this.

Personally, I'd ask for a court date. I'd think there would be a good chance the judge would dismiss the citation or at least lower it to court costs. I'd bet the prosecutor would meet with you right before court and probably offer a deal as well. I'd raise the issue with the sign not being there when you flew and let them prove it was a judge considering your testimony that it was not.

 

[tcope]

This reminds me of a bs situation I went threw. I purchased a pack of smokes at a store and walked out the door and opened the cigarettes. Took a drag and two cops ran up and gave me a ticket because smoking was banned in that city. Like a speed trap. I went to court and the judge said pay the fine ! As dumb as it sounds just pay the ticket if it's legitimate and warn others. It sucks but the law is "the law".

Not to get off topic... I'm no attorney but I'm guessing that any such law would easily be illegal. Not that it would be worth fighting (which is what they hope people don't do... nor do they care as they are not held accountable). But if it's legal in the state and your not causing any harm to anyone, I don't see that they can make something that is legal, illegal to do.

 

[NoWheels498]

SECTION 19 - PENALTIES

Any person violating any of the foregoing rules and regulations and any amendments or additions thereto shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding one hundred ($100.00) dollars for the first offense, nor more than five hundred ($500.00) dollars for each second or further offense; Pursuant to Ohio Revised Code Sections 511.23 and 511.99 and Resolution 2/90 of the Anderson Park District.

Looks like you got over charged

 

[mikesmiley]

I would fight it simply on general principles. The overzealous enforcement by a wannabe cop custodian with delusions of grandeur, when a simple warning would have been more than sufficient, not to mention the $150 overcharge.