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ORDINANCE 2017-18 Amending Ch. III to Add Unmanned Aircraft Regs

ADOPTED: July 18, 2017

ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER III ENTITLED “POLICE REGULATIONS” TO ADD A NEW SECTION ENTITLED “UNMANNED AIRCRAFT REGULATIONS”

WHEREAS, the Borough of Point Pleasant Beach deems it appropriate, necessary, and proper for the protection of persons and property, and for the preservation of the public health, welfare, and safety of residents and visitors to adopt certain regulations pertaining to the use of unmanned aircraft technology and unmanned aircraft, commonly referred to as “drones,” in the Borough; and

WHEREAS, as a result of their declining cost, unmanned aircraft have become increasingly available to private citizens for personal, recreational and other potential uses; and
WHEREAS, unmanned aircraft can be used to fly above the boardwalk and beach, elementary school and roads and through traffic in a manner that is inherently dangerous to the public health, welfare and safety; and

WHEREAS, this ordinance takes into account the FAA drone regulations that became effective on June 21, 2016, and resource information and materials made available by the FAA and numerous organizations including the National League of Cities, State of New Jersey League of Municipalities and the Academy of Model Aeronautics, among others.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:

SECTION I. The Borough Code of the Borough of Point Pleasant Beach is hereby amended and supplemented so as to create Section 3-50, which shall be entitled “Unmanned Aircraft Regulations” and which shall read as follows:

3-50.1 Purpose and Intent
It is the purpose and intent of this ordinance to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to other aircraft in flight, and to persons and property on the ground. This ordinance is not intended to conflict with or preempt Federal Aviation Administration (FAA) regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA’s enforcement capabilities.

3-50.2 Definitions
The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:

AVIGATE: Means to pilot, steer, direct, control, fly or manage an unmanned aircraft or unmanned aircraft system through the air or on the ground. The word “avigate” includes managing or initiating any elements of an unmanned aircraft system.

BOROUGH ADMINISTRATOR: The person appointed pursuant to Section 2-24 and having the powers set forth in the Borough Code.

DRONE: An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.

FAA: The Federal Aviation Administration.

MODEL AIRCRAFT: An Unmanned Aircraft or Unmanned Aircraft System operated by any person strictly for hobby or recreational purposes.

PUBLIC PROPERTY: Real property and structures owned or leased by the Borough including, without limitation, parks, playgrounds, streets, sidewalks, other right of ways, buildings, docks, boardwalks and beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.

TOY AIRCRAFT: A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.
UNMANNED AIRCRAFT (“UA”): A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.

UNMANNED AIRCRAFT SYSTEM (“UAS”): Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment and payload.

WEAPON: Any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury to any person or damage to any property, including, but not limited to, firing a bullet, projectile or laser.

3-50.3 Operating Regulations

A. Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to takeoff from or land on or upon, except in an emergency, any public property except as specifically provided in 3-50.4 below.

B. Any person who operates or causes to be operated any UA/UAS, within the limits of the Borough of Point Pleasant Beach, must be able to present, immediately upon request by any Point Pleasant Beach Police Officer or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS, together with a remote pilot certificate where the use of the UA/UAS requires such a certificate under 14 C.F.R. Part 107.


C. It shall be unlawful for any person to avigate any UA/UAS in the air, on the ground or on the water:

i) in a careless or reckless manner so as to endanger the life or property of another;

ii) in violation of any notice to airmen or any temporary or permanent flight restriction issued by the FAA pursuant to 14 C.F.R. 91, as amended;

iii) in violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 C.F.R. Part 101 and 14 C.F.R. Part 107; or


iv) in a manner that interferes with law enforcement, firefighting, or any government emergency operations.

D. It shall be unlawful for any person to avigate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary “No Fly Zone” by the Borough Administrator. When a “No Fly Zone” is established, the Borough Administrator shall post notice of same on the official Point Pleasant Beach website and on the public announcement board located in the Municipal Complex at 416 New Jersey Avenue or wherever it shall be located, and shall also post warning signs in the vicinity of the “No Fly Zone.”

E. It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying a public school in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority or his or her designee or equivalent school authority.

F. It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

G. It shall be unlawful for any person to avigate any UA/UAS that is equipped with a firearm or other weapon.

H. It shall be unlawful for any person to avigate any UA/UAS carrying pyrotechnic devices that explode or burn or any device which propels a projectile or drops any object that creates a hazard to persons or property.

I. It shall be unlawful for any person to avigate any UA/UAS with metal-blade propellers or with gaseous boosts.

3-50.4 Exceptions

A. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon the oceanfront boardwalk and public beaches November 1st to March 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.

B. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any private river, ocean, lake or other beach with the permission of the owner from April 1st to October 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.

C. It shall be lawful for any law enforcement agency or emergency services organization of or servicing the Borough of Point Pleasant Beach, the County of Ocean, the State of New Jersey, or the United States government to avigate any UA/UAS from or on or upon any public property provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 C.F.R. Part 107, including aircraft and pilot requirements, or has obtained a blanket public Certificate of Waiver or Authorization (COA), or is otherwise authorized by State or Federal law.


D. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any public property at any time of the year provided that the Borough Administrator has issued a written waiver after determining that the flight can be conducted in conformance to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including, without limitation, the operating rules and remote pilot certification rules, and in a manner that will not cause unreasonable risk of endangering the life or property of another.

3-50.5 Construction

A. Specific Flight Operations Authorized by the FAA - Exception. Notwithstanding the prohibitions set forth in this chapter, nothing in this chapter shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate any UA/UAS in Borough of Point Pleasant Beach airspace, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization or airworthiness certificate under Section 44704 of Title 49 of the United States Code or other FAA grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the FAA.

B. Operations prohibited by the FAA - Clarification. Nothing in this chapter shall be construed to authorize the operation of any UA/UAS in Borough of Point Pleasant Beach airspace in violation of any Federal statute or rules promulgated thereunder, including, but not limited to, any temporary flight restrictions or notices to airmen issued by the FAA.

3-50.6 Accident Reporting

The operator of any UA/UAS shall immediately report to the Point Pleasant Beach Police Department any operation of the UA/UAS on public property involving:
(i.) Injury to any person; or
(ii.) Damage to any private or public property.

3-50.7 Enforcement; violations and penalties
A. The Point Pleasant Beach Police Department and Division of Code Enforcement are charged with enforcing this Chapter.

B. Any person who violates any provision of this Chapter shall, upon conviction by a court of competent jurisdiction, be subject to a mandatory fine of $100 for the first offense; $250 for the second offense; and $500 for a third and any additional offenses.

C. Enforcement actions for violations of this chapter shall be reported to the FAA by the local enforcing agency in accordance with the FAA’s “Law Enforcement Guidance for Suspected Unauthorized Operations.”



SECTION II.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION III.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as required by law.



Approved this ___ day of ________, 2017:


________________________________
Borough of Point Pleasant Beach
Stephen D. Reid, Mayor

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 20th day of June, 2017 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 18th day of July, 2017 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published June21, 2017 | New Ordinances | 2596


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