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Council Unanimously Approves City Regulation of Drones

Ordinance would seek to ban ‘careless and reckless operation’ of unmanned flights

Published on Tuesday, March 21, 2017 | 5:04 am
 

Given the rising popularity of drones and the potential for conflicts with public safety, the Pasadena City Council Monday voted unanimously to direct the City Attorney to prepare an ordinance “regulating the operation of unmanned aircraft systems commonly referred to as drones, above or near critical infrastructure, and over permitted special events.”

In a presentation by Michelle Garrett, project manager for the Drone Policy Internal Working Group, City staff recommended the drafting of an ordinance to address three major local drone issues—careless and reckless operation, operation during special events, and critical infrastructure.


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


City staff recommended that the Council consider limiting drone flights over permitted special events only to events where the property owner and the event organizer have granted permission, and where the event organizer has demonstrated compliance with FAA regulations and “committed to collaborate its drone activities with the Police Department’s Air Operations Section,” said Garrett.

“Given the disruption drones have caused in other cities by crashing into power lines, a ban of drones in the airspace above or near critical infrastructure to protect public safety and general welfare, is an area that staff is recommending Council consider regulation.” said the staff report.

The staff report also defined some specific physical areas of concern, including the Glenarm Power Plant, police and fire stations, City Hall, City yards, water storage and electric transmission facilities, transit operations facilities, and flights over light rail.

Mayor Terry Tornek, however, made clear that his concern was not to ban the use of drones over all parts of the city, but only to ensure safety of public facilities and residents.

Councilmember Tyron Hampton also repeated the privacy concern that he had voiced in the last Public Safety Committee meeting, saying he wanted to make sure that drones ‘don’t start suddenly appearing over people’s back yards.”

Councilmember Steve Madison, an attorney, also cautioned the council that it examine closely whatever ordinance is eventually proposed, saying, ‘We need to look at this one very carefully.

Garrett noted that there have been several state bills introduced by the California State legislature which were vetoed by Governor Brown.

 

AB 856, however, which was signed into law in 2015, 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, explained Garrett.

In addition, according to the staff report, a number of California cities have adopted ordinances to regulate the use of drones within their jurisdictions.

The City of Los Angeles, reported Garrett, adopted an ordinance in September, 2015, which included prohibiting model aircraft from interfering

with manned aircraft, operating beyond the visual line of sight of the operator, operating at night, flying more than 400 feet above the earth, and flying closer than 25 feet to any individual other than the person involved with the flight, except during take-off or landing.

The City of Beverly Hills has also adopted an ordinance in October, 2014, to prohibit the use of unmanned aircraft “to record or transmit any visual image or audio recording of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy … ”

In addition, the City of West Hollywood adopted a similar ordinance as Los Angeles in December, 2015, which requires registration of all drones operating within its jurisdiction, prohibits flying within airspace above city parks, police and fire stations, above public or private school grounds, and interfering with any emergency responder activity, according to the staff report.

The report concluded that, “It is recommended that drones be regulated in the City, but with a recognition that the law is developing in this area. The public safety considerations cited …represent areas in which staff feels that Pasadena could benefit from regulation. With a carefully tailored ordinance related to responsible drone operations coupled with a public education campaign, Pasadena has an opportunity to protect public safety, promote operator accountability, and continue to foster an innovative commercial environment.”

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