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Home My WebLink AboutTC Ord 2019-07-17 ORDINANCE NO. 583 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING CHAPTER 25- 4 TO THE TIBURON MUNICIPAL CODE IMPOSING SAFETY REQUIREMENTS ON THE OPERATION OF MODEL AIRCRAFT AND TO IMPOSE RESTRICTIONS CONSISTENT WITH CERTAIN FEDERAL AVIATION RULES ON THE OPERATION OF BOTH MODEL AIRCRAFT AND CIVIL UNMANNED AIRCRAFT SYSTEMS (UAS), COMMONLY KNOWN AS DRONES. DRONES AND UNMANNED AIRCRAFT SYSTEMS Section 1 —Contents 25-4 (a) Purpose 25-4(b) Definitions 25-4(c) Local Regulations of Unmanned Aircraft Systems 25-4(d) Exemptions 25-4(e) Violation; penalties 25-4(a) Purpose The purpose of this chapter is to regulate the operation of Unmanned Aircraft, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of.Model UAS and imposing restrictions on the operation of both Model UAS's and Civil UAS's consistent with Federal Aviation Administration rules is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of Unmanned Aircraft. 25-4(b) Definitions "Civil UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person for any purposes other than strictly hobby or recreational purpose, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency. "Drone" refers to any UAS. "FAA" means the Federal Aviation Administration. "Model UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any Person strictly for hobby or recreational purposes. Pa„e1of4 Town of Tiburon Ordinance No. 583 N.S. Effective Date 8/17/2019 "Person" shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes. "Unmanned Aircraft" shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft. "Unmanned Aircraft System (UAS)" shall mean an Unmanned Aircraft and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft. 25-4(c) Regulations The following shall apply to the operation of any Model UAS or Civil UAS within the Town of Tiburon: 1) No person shall operate any Model UAS or Civil UAS within the Town of Tiburon in a manner that is prohibited by any federal statute or regulation. 2) Excluding takeoff and landing, no person shall operate any Model UAS or Civil UAS within the Town of Tiburon closer than 25 feet to any individual, except the operator or the operator's helper(s). 3) No person shall takeoff, land or operate any Model UAS or Civil UAS while under the influence of alcohol or any other drugs, intoxicating compound or any combination thereof. 4) No person shall knowingly and intentionally operate any Model UAS or Civil UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying, a public school facility in the Town of Tiburon during school hours or school events, without the written permission of school officials. 5) No person shall knowingly and intentionally operate any Model UAS or Civil UAS to record, transmit or capture images of public school grounds in the Town of Tiburon during school hours or school events, without the written permission of school officials. Page 2 of 4 Town of Tiburon Ordinance No. 583 N.S. Effective Date 8/17/2019 6) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any publicly permitted events without prior notification and authorization of the Town of Tiburon. 7) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any emergency vehicle that is operating with lights and/or sirens. 8) No person shall takeoff, land or operate any Model UAS or Civil UAS within four hundred (400) feet of any active law enforcement or emergency response incident in a manner that interferes with firefighting, police activity or other emergency response activity. 25-4(d) Exemptions This chapter shall not apply to any Public UAS, or UAS weighing less than 0.55 pounds. 25-4(e) Violation; penalties In addition to other enforcement means available to the Town, any Person violating this Chapter is subject to fines and confiscation of the UAS by the Tiburon Police Department or other local, state or federal law enforcement agency operating on their behalf. Section 2—Severability Should any section, clause, or provision of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of the Ordinance as a whole, or parts thereof, other than the part so declared to be invalid. Section 3 —California Environmental Quality Act The Town hereby determines that that this ordinance is exempt from the California Environmental Quality Act review under Title 14, section 15061(b)(3) as there is no potential for causing a significant effect on the environment. Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore exempt pursuant to Title 14, Section 15378(b)(2) and (3) of the California Code of Regulations. Section 4— Effective Date This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. Page 3 of 4 Town of Tiburon Ordinance No. 583 N.S. Effective Date 8/17/2019 This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 19, 2019, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on July 17, 2019 by the following vote: AYES: COUNCILMEMBERS: FREDERICKS, KULIK, WELNER NAYS: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: FRASER, THIER DAVID KULIK, MAYOR Town of Tiburon ATTEST: LEA STEFANI, TOWN CLERK DATE: Page 4 of 4 Town of Tiburon Ordinance No. 583 N.S. Effective Date 8/17/2019