As Drones Become More Prevalent In Pasadena Airspace, So, Some Say, Does the Need for Local Regulation

Many people have witnessed the spectacle that is an unmanned aerial vehicle (UAV), or “drone.” Buzzing through the sky like an angry hornet for any one of a multitude of reasons that range from a hobbyist’s entertainment, to a professional videographer who wants to get that perfect shot, to law enforcement searching for a lost child or a suspect — drones attract the attention of the earth-bound, who peer up and wonder what the drone is doing and how safe they really are.

Pasadena City Council’s Public Safety Committee is scheduled to consider a proposed City regulation for the use of drones Wednesday, focusing on what staff has identified as the issues of most concern: careless and reckless operation; operation during special events; and operation near City electrical facilities, police and fire stations, City Hall, the City Yards and over the light rail system.

A handful of cities nationwide have already implemented ordinances that follow suit with Federal Aviation Administration guidelines that aim to set the rules across the board for anyone who wants to send their drone in the air.

Either way, drones are becoming a common sight and popular tool for many industries who find themselves in a constant gray area of rules and regulations that don’t quite exist for a technology that can be purchased in stores.

“I think most of the laws are fair and reasonable. It really comes down to education. A lot of the laws are really common sense, but they have to be geared more towards the drone operators so they’ll understand them. It always take a tenth of one percent for somebody to ruin it for everybody else,” said Pasadena Real Estate Broker and UAV Drone Operator Phil Coombs.

Coombs represents a category of drone operators who use the aerial technology for business practices. A real estate broker by profession, Coombs discovered UAV’s early on about five years ago as a way to step up his business model and give clients a new perspective of properties — literally.

“I really got into it to accentuate my own marketing. You can get a completely different perspective of property, of lots and of everything. It really aids with the marketing,” said Coombs.

This utilization of drones is an increasingly popular way for business owners and entrepreneurs to enhance their products and services in an age where accessibility to technology is the norm and has become cost effective.

The reality, however, is that lawmakers are still trying to figure out best practices for this new technology.

“I’ve had a lot of good luck with [drones], however, there are always caveats to that. On the other side of technology there’s abuse, too. I’m very respectful of the laws and they need to be put in place for a reason because there’s that percentage of operators that think it’s a toy or that they can do anything with it. You’ve got so many different factors that you have to take in account. I support the laws and unfortunately there’s going to have to be more laws coming down to curtail a lot of what’s going on,” said Coombs.

Last June, the Federal Aviation Administration (FAA) allowed a broad range of businesses to use drones under 55 pounds, but with several restrictions, according to the New York Times.

The main restrictions include ensuring the drones are operated by a pilot who has passed a written test and is at least 16 years old and that drones can only be flown below 400 feet, during the day, and at least five miles away from airports.

“As long as you are a responsible pilot in those aspects and you are following the rules and the guidelines and you’re pretty much out of the way of the public–you’ll be fine,” said Pasadena resident and drone videographer Rodrigo Resendiz.

Since December 2015, nearly all owners of remote-controlled recreational drones are required to register in a national database, according to the New York Times.

Drone owners are required to submit their names, home addresses and email addresses with the F.A.A., disclosures meant to nudge users to be more responsible.

Resendiz and Coombs are model examples of responsible UAV pilots having received an FAA issued commercial operating license.

“Once you’re a commercial operator and you’re licensed, you are obligated to follow all of the rules,” explained Resendiz.

Resendiz has invested close to $20,000 in drone equipment and primarily shoots professional music videos, sporting events and television commercials.

“I started with the drones and now i’ve turned into a full videographer now. It’s made me into an independent filmmaker,” said Resendiz.

A basic level drone setup that is available for consumers costs approximately $1,400, according to Resendiz. A FAA license is $150.

“You have to study like crazy for it because it is not easy,” explained Resendiz.

These commercial advantages aren’t always noticed and recognized by the public at large.

“The main misconceptions and problems that we have as drone operators is that people always assume that we want to spy on them, look through their windows or that we want to see what they’re doing. I think that’s where most of the fear comes from,” explained Resendiz.

“It’s fairly new,” added Resendiz. “Just like when cars were first invented–people feared cars. It’s the same thing with drones. If you’re not really involved with them and you’re not really hands on with them, I think you’ll have that fear until somebody actually shows you exactly what they can be used for in good ways,” said Resendiz.

“The misconception is that we are up there flying [drones] and they’re spying on people. That’s ridiculous. These cameras are not that sophisticated–you’d have to be right at somebody’s window to look at them,” said Coombs.

Physical safety is the main concern for law enforcement in recent times. Pasadena made headlines in 2015 when an 11-month old baby was injured after being hit from debris from a drone that lost control and crashed on Marengo Avenue near Union Street.

The City of Seattle recently announced it could file charges against a drone owner after the device crashed on top Seattle’s iconic Space Needle which carries a penalty of up to 364 days in jail and up to a $5,000 fine, according to CNN.

Similarly in October 2015, the city of Seattle charged a man with reckless endangerment for allegedly losing control of his drone at the city’s gay pride parade.

Depending on the seriousness of the violation, anyone who carelessly or recklessly flies a drone can face fines between $1,000 and $25,000, according to the L.A. Times.

“When you ask a police officer or anyone in public service, it’s a double edged sword. There’s a benefit, but there’s more police responding to it in a negative way than a positive. I’ve flown with police officers and I’ve taught some of them how to fly–There’s definitely a value,” explained Coombs.

The Los Angeles County Sheriff’s Department recently announced that the agency will begin deploying an unmanned aerial device to aid deputies responding to arson scenes, suspected bombs and hostage situations and would not be used to surveil residents, according to the L.A. Times.

The Pasadena Police Department does not own or use any drones for policing, according to Lt. Tracey Ibarra.

This includes high profile events as well.

“Neither local, state or federal law enforcement agencies deployed a drone at the 2017 Rose Parade or Rose Bowl game,” said Lt. Art Chute.

The Public Safety Committee could decide to pursue recommendations from the Pasadena Police Department and the City Manager’s Office, which comprise a Drone Policy Internal Working Group, to establish some policies for the use of drones within City limits, apart from already existing federal regulations.

The working group has determined that three important public safety considerations should be addressed if a local policy is to be implemented: careless and reckless operation by drone pilots, use of drones during special events in Pasadena, and their use near critical infrastructure in the City.

The group is recommending that the City Council, through the Public Safety Committee, direct the City Attorney to draft an ordinance to include these considerations.

“What I hope does not happen and I don’t think will happen is to ban them entirely. What I do hope happens is that anybody flying them commercially will have to have the proper training and the proper credentials. Anybody doing it for fun should be educated too. Just because you’re doing it for fun and not for profit doesn’t mean you shouldn’t be responsible. It’s no different than driving a car to a degree,” said Coombs.

In an Agenda Report for the City Council, City Manager Steve Mermell said the federal government, through the Federal Aviation Administration, has the authority to regulate the navigable airspace. The FAA, however, has indicated that there is some leeway for state and local regulation, and because of this, City staff have done research on existing state and municipal ordinances related to drones, and will be presenting the results at the Public Safety Committee meeting.

“I would hope that they will bring in a drone operator or a company to give them feedback from our perspective. It would be good because to get a bunch of people in a room to talk about something they have no idea a bout and just feeding off news stories and things like that, I don’t think, would be able to solve the problem in a right way,” said Resendiz.

Initially, the Pasadena Police Department and the City Manager’s Office is primarily concerned with drone use over public spaces, including streets and sidewalks, where careless operation could lead to injury to non-participants, as well as near such infrastructure as the Glenarm Power Plant, police and fire stations, City Hall, City Yards, water storage and electric transmission facilities, transit operations facilities and over light rail.

“I just try to fly at the Rose Bowl when it comes to Pasadena for now until they do pass an ordinance with a better understanding and I won’t be liable,” said Resendiz.

During special events, City staff is recommending that the City Council limit drone flights only to events where the property owner and the organizer have granted permission.

In major events, such as the Rose Parade in Pasadena, the FAA usually implements a “No Drone Zone” that prohibits the operation of drones over big crowds of people.

“Hopefully the City of Pasadena will have an ordinance where they do allow commercial operators to be able to use them,” said Resindez who shot aerial footage of Pasadena parks to contribute to the City’s website in the future.

The FAA does not require hobbyists and recreational users to pass certification or a Transportation Security Administration vetting process, but the Pasadena Drone Internal Police Working Group said new regulations could develop any time, and the City should be prepared to adjust its own drone policies.

If there’s one thing that it certain, it’s that drones are here to stay.

“There’s no way that you’re going to stop it. For you to try to stop this technology would be like trying to stop a tidal wave with a teaspoon,” said Coombs.

The Public Safety Committee meeting starts at 6 p.m. at the City Council Chambers, Room S249 at City Hall.  The agenda may be seen by clicking here.