Unmanned Aircraft Systems (UAS): Local Ordinance Considerations City Council Presentation March 20, 2017 Good Evening Chairmen Kennedy & Members of the Public Safety Committee. My name is Michelle Garrett and I am a Project Manager in the Economic Development Division. Along with my colleagues at the Police Department, Lt. Mike Ingram of Air Support and Lt. Art Chute of the Event Planning section we are here to present and answer questions on the topic of drones and the current rules and regulations that govern their use within US airspace.

UAS- Where We Left Off In March 2016, staff provided an overview of issues & public safety considerations regarding UAS (commonly referred to as drones). At that time, Public Safety Committee recommended that staff return once the FAA released its safe integration plan for drones. In addition, staff was directed to engage in conversation and in consultation with City Attorney’s Office to develop a list of possible ordinance options for Council to consider.

UAS: Part 107 Requirements Part 107 regulates commercial drones & sets operational limitations, which include: Flying commercial drones under 400 ft., during the day, & at or below 100 mph; Requirement to yield to other aircraft; Prohibits flying over people or from a moving vehicle; Establishes minimum requirements for remote pilots in command including a certification/TSA vetting process & minimum age requirements; Hobbyists and recreation users are not required to pass a certification or TSA vetting process, but they are required to register their drones with the FAA before taking to the skies.

UAS: FAA- What’s Next? The FAA MicroUAS Task Force is expected to release the next round of regulations (rules for UAS over people) later this year. “Know Before You Fly” (knowbeforeyoufly.com) is a FAA sponsored public awareness campaign which features information to help drone operators make informed decisions. “No Drone Zone” is another FAA campaign soft launched by the FAA to discourage people from attempting to fly drones during major public events.

UAS: State Law To date, several bills have been introduced by State Legislature. Only one bill which addresses privacy issues has been signed into law by Governor Brown AB856 was signed into law in 2015 and creates a civil cause for action for physical invasion of privacy by knowingly entering into the airspace above the land of another person without permission.

UAS: Municipal Ordinances City of Los Angeles (Sept. 2015)- Draft ordinance imposes community-based safety requirements on the operation of drones and imposes restrictions consistent with FAA rules for model aircraft. City of Santa Clara (Aug. 2015)- Ordinance prevents the flying of drones in certain areas of the city (at all times over Levi’s Stadium, within ½ mile of stadium, over sports facilities while in use, & over large special events) as well as establishes weight and cargo provisions for hobbyists. City of Green Bay, WI (Aug. 2015)- Ordinance prohibits drones from operating below 400 ft. within boundaries of a special event unless operators have obtain approval from the event organizer or FAA. City of La Canada Flintridge (Aug. 2015)- Ordinance prohibits drones from operating at Memorial Park during special events. City of West Hollywood (Dec. 2015)- Ordinance requires registration of all drones operating within city limits and imposes operating restrictions similar to the Los Angeles ordinance & FAA guidelines. A violation is considered a misdemeanor. Within the last 6-8 months, at a municipal level other cities have taken action by adopting their own ordinances to regulate the use of drones within their jurisdictions.

UAS: Public Safety Issues for Local Regulation Careless & Reckless Operation Consider a regulation which makes it a violation to operate a drone over non-participants, public streets, or sidewalks and in a careless or reckless manner; Special Events Consider limiting drone flights over permitted special events only to events where the property owner and the event organizer have granted permission, and the event organizer has demonstrated compliance with FAA regulations; Critical Infrastructure Consider a ban of drones in airspace above or near critical infrastructure to protect public safety and general welfare.

UAS: Recommendation It is recommended that drones be regulated, but with a recognition that law is developing in this area. Careless & Reckless Operation, Special Events, and protection of Critical Infrastructure are public safety considerations that could benefit from regulation. Given that federal policy, and possibly State law, surrounding drones may change in near term, it may be necessary to revisit any approved ordinance in the future.

Drones- Know Before you Fly That concludes my presentation. Along with Lt. Mike Ingram from Air Support and Lt. Art Chute from the Event Planning Section we’d be happy to answer any questions you might have.