UAV Prohibition.

Subdivision 1. Definition.

For the purposes of this section, an “unmanned aerial vehicle” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

Subd. 2.Crimes.

(a) A person is guilty of a misdemeanor who knowingly flies an UAV in the airspace over a state correctional facility or over the grounds belonging to or land controlled by the facility without the written consent of the commissioner of corrections or designee.

(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and uses the vehicle to:

(1) record images, including but not limited to video and photographs, of the correctional facility or its grounds; or

(2) introduce or attempt to introduce any items that are not contraband under section 243.55.

Sovereignty; Liability; Effect of Other Law.

Subdivision 1. State.

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

Subd. 1a. Ordinances of political subdivisions.

A political subdivision must: (1) allow the commissioner to review a proposed ordinance affecting the operation of an UA; and (2) notify the commissioner whenever the political subdivision adopts an ordinance affecting the operation of UA.

Violations, Penalties

Subdivision 1. Misdemeanor.

Every person who:

(1) operates an aircraft either on or over land or water in this state without the consent of the owner of such aircraft;

(2) operates aircraft while in the possession of any federal license, certificate, or permit or any certificate of registration issued by the Transportation Department of this state, or displays, or causes or permits to be displayed, such federal license, certificate, or permit or such state certificate of registration, knowing either to have been canceled, revoked, suspended, or altered;

(3) lends to, or knowingly permits the use of by, one not entitled thereto of any federal airman’s or aircraft license, certificate, or permit, or any state airman’s or aircraft certificate of registration issued to that person;

(4) displays or represents as the person’s own any federal airman’s or aircraft license, certificate, or permit or any state airman’s or aircraft certificate of registration not issued to that person;

(5) tampers with, climbs upon or into, makes use of, or navigates any aircraft without the knowledge or consent of the owner or person having control thereof, whether while the same is in motion or at rest, or hurls stones or any other missiles at aircraft, or the occupants thereof, or otherwise damages or interferes with the same, or places upon any portion of any airport any object, obstruction, or other device tending to injure aircraft or parts thereof;

(6) uses a false or fictitious name, gives a false or fictitious address, knowingly makes any false statement or report, or knowingly conceals a material fact, or otherwise commits a fraud in any application or form required under the provisions of sections 360.011 to 360.076, or by any rules or orders of the commissioner;

(7) operates any aircraft in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property;

(8) carries on or over land or water in this state in an aircraft other than a public aircraft any explosive substance except as permitted by the Federal Explosives Act, being the Act of October 6, 1917, as amended by Public Law 775, 77th Congress, approved November 24, 1942;

(9) discharges a gun, pistol, or other weapon in or from any aircraft in this state except as the hunting of certain wild animals from aircraft may be permitted by other laws of this state, or unless the person is the pilot or officer in command of the aircraft or a peace officer or a member of the military or naval forces of the United States, engaged in the performance of duty;

(10) carries in any aircraft, other than a public aircraft, any shotgun, rifle, pistol, or small arms ammunition except in the manner in which such articles may be lawfully carried in motor vehicles in this state, or is a person excepted from the provisions of clause (9);

(11) engages in acrobatic or stunt flying without being equipped with a parachute and without providing any other occupants of the aircraft with parachutes and requiring that they be worn;

(12) while in flying over a thickly inhabited area or over a public gathering in this state, engages in trick or acrobatic flying or in any acrobatic feat;

(13) except while in landing or taking off, flies at such low levels as to endanger persons on the surface beneath, or engages in advertising through the playing of music or transcribed or oral announcements, or makes any noise with any siren, horn, whistle, or other audible device which is not necessary for the normal operation of the aircraft, except that sound amplifying devices may be used in aircraft when operated by or under the authority of any agency of the state or federal government for the purpose of giving warning or instructions to persons on the ground;

(14) drops any object, except loose water, loose fuel, or loose sand ballast, without the prior written consent of the commissioner of transportation and the prior written consent of the municipality or property owner where objects may land; drops objects from an aircraft that endanger person or property on the ground, or drops leaflets for any purpose whatsoever; or

(15) while in flight in an aircraft, whether as a pilot, passenger, or otherwise, endangers, kills, or attempts to kill any birds or animals or uses any aircraft for the purpose of concentrating, driving, rallying, or stirring up migratory waterfowl; except as may be permitted by other laws of this state, shall be guilty of a misdemeanor.

Subd. 2. Gross misdemeanor.

Every person who shall commit any of the acts specified in subdivision 1 for a second or other subsequent time shall be guilty of a gross misdemeanor.

Subd. 3.

[Repealed, 1963 c 753 art 2 s 17]

Subd. 4.

[Repealed, 1965 c 45 s 73]

Subd. 5.Careless or reckless operation.

Every person who operates an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another shall be guilty of a misdemeanor.

Subd. 6.Additional penalties for certain violations.

For any violation of subdivisions 1 and 5, section 360.0752, or of any rule issued pursuant to section 360.015, in addition to the penalties provided in this section or section 360.0752, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one year. Violation of the duly imposed prohibition of the court may be punished as a contempt of court. Upon a plea of guilty or conviction under said sections, in any case involving an airman, the court shall issue an order prohibiting the airman from exercising, in the state of Minnesota, the privileges granted to the airman by federal certificate for a period, in the discretion of the court, not to exceed one year, and shall notify the commissioner of any action involving a violation under this section or section 360.0752 by mailing a report to the commissioner showing the name and address of the violator, the offense charged, the time and place of violation, the plea, the finding of the court or jury, and the penalty imposed.

Use of UAV

Subdivision 1. Application; definitions.

(a) This section applies to UAV data collected, created, or maintained by a law enforcement agency and to law enforcement agencies that maintain, use, or plan to use an UAV in investigations, training, or in response to emergencies, incidents, and requests for service. UAV data collected, created, or maintained by a government entity is classified under chapter 13.

(b) For purposes of this section, the following terms have the meanings given:

(1) “government entity” has the meaning given in section 13.02, subdivision 7a, except that it does not include a law enforcement agency;

(2) “law enforcement agency” has the meaning given in section 626.84, subdivision 1;

(3) “unmanned aerial vehicle” or “UAV” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft; and

(4) “terrorist attack” means a crime that furthers terrorism as defined in section 609.714, subdivision 1.

Subd. 2. Use of UAV limited.

Except as provided in subdivision 3, a law enforcement agency must not use a UAV without a search warrant issued under this chapter.

Subd. 3. Authorized use.

A law enforcement agency may use a UAV:

(1) during or in the aftermath of an emergency situation that involves the risk of death or bodily harm to a person;

(2) over a public event where there is a heightened risk to the safety of participants or bystanders;

(3) to counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk;

(4) to prevent the loss of life and property in natural or man-made disasters and to facilitate operational planning, rescue, and recovery operations in the aftermath of these disasters;

(5) to conduct a threat assessment in anticipation of a specific event;

(6) to collect information from a public area if there is reasonable suspicion of criminal activity;

(7) to collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road;

(8) over a public area for officer training or public relations purposes; and

(9) for purposes unrelated to law enforcement at the request of a government entity provided that the government entity makes the request in writing to the law enforcement agency and specifies the reason for the request and proposed period of use.

Subd. 4. Limitations on use.

(a) A law enforcement agency using a UAV must comply with all FAA requirements and guidelines.

(b) A law enforcement agency must not deploy a UAV with facial recognition or other biometric-matching technology unless expressly authorized by a warrant.

(c) A law enforcement agency must not equip a UAV with weapons.

(d) A law enforcement agency must not use a UAV to collect data on public protests or demonstrations unless expressly authorized by a warrant or an exception applies under subdivision 3.

Subd. 5. Documentation required.

A law enforcement agency must document each use of a UAV, connect each deployment to a unique case number, provide a factual basis for the use of a UAV, and identify the applicable exception under subdivision 3 unless a warrant was obtained.

Subd. 6. Data classification; retention.

(a) Data collected by a UAV are private data on individuals or nonpublic data, subject to the following:

(1) if the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy;

(2) UAV data may be disclosed as necessary in an emergency situation under subdivision 3, clause (1);

(3) UAV data may be disclosed to the government entity making a request for UAV use under subdivision 3, clause (9);

(4) UAV data that are criminal investigative data are governed by section 13.82, subdivision 7; and

(5) UAV data that are not public data under other provisions of chapter 13 retain that classification.

(b) Section 13.04, subdivision 2, does not apply to data collected by a UAV.

(c) Notwithstanding section 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation.

Subd. 7. Evidence.

Information obtained or collected by a law enforcement agency in violation of this section is not admissible as evidence in a criminal, administrative, or civil proceeding against the data subject.

Subd. 8. Remedies.

In addition to any other remedies provided by law, including remedies available under chapter 13, an aggrieved party may bring a civil action against a law enforcement agency to prevent or remedy a violation of this section.

Subd. 9. Public comment.

A law enforcement agency must provide an opportunity for public comment before it purchases or uses a UAV. At a minimum, the agency must accept public comments submitted electronically or by mail. The governing body with jurisdiction over the budget of a local law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting.

Subd. 10. Written policies and procedures required.

Prior to the operation of a UAV, the chief officer of every state and local law enforcement agency that uses or proposes to use a UAV must establish and enforce a written policy governing its use, including requests for use from government entities. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as described in subdivision 9. The written policy must be posted on the agency’s website, if the agency has a website.

Subd. 11. Notice; disclosure of warrant.

(a) Within a reasonable time but not later than 90 days after the court unseals a warrant under this subdivision, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory that shall include notice of:

(1) the issuance of the warrant or application;

(2) the date of issuance and the period of authorized, approved, or disapproved collection of information, or the denial of the application; and

(3) whether information was or was not collected during the period.

(b) A warrant authorizing collection of information with a UAV must direct that:

(1) the warrant be sealed for a period of 90 days or until the objective of the warrant has been accomplished, whichever is shorter; and

(2) the warrant be filed with the court administrator within ten days of the expiration of the warrant.

(c) The prosecutor may request that the warrant, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation.

(d) The warrant must direct that, following the commencement of any criminal proceeding using evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs. Until the filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge’s designee.

Subd. 12. Reporting.

(a) By January 15 of each year, each law enforcement agency that maintains or uses a UAV shall report to the commissioner of public safety the following information for the preceding calendar year:

(1) the number of times a UAV was deployed without a search warrant issued under this chapter, identifying the date of deployment and the authorized use of the UAV under subdivision 3; and

(2) the total cost of the agency’s UAV program.

(b) By June 15 of each year, the commissioner of public safety shall compile the reports submitted to the commissioner under paragraph (a), organize the reports by law enforcement agency, submit the compiled report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over data practices and public safety, and make the compiled report public on the department’s website.

(c) By January 15 of each year, a judge who has issued or denied approval of a warrant under this section that expired during the preceding year shall report to the state court administrator:

(1) that a warrant or extension was applied for;

(2) the type of warrant or extension applied for;

(3) whether the warrant or extension was granted as applied for, modified, or denied;

(4) the period of UAV use authorized by the warrant and the number and duration of any extensions of the warrant;

(5) the offense specified in the warrant or application or extension of a warrant; and

(6) the identity of the law enforcement agency making the application and the person authorizing the application.

(d) By June 15 of each year, the state court administrator shall submit to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over data practices and public safety and post on the supreme court’s website a full and complete report concerning the number of applications for warrants authorizing or approving use of UAVs or disclosure of information from the use of UAVs under this section and the number of warrants and extensions granted or denied under this section during the preceding calendar year. The report must include a summary and analysis of the data required to be filed with the state court administrator under paragraph (c).

15.01 Purpose.

It is the purpose of this Ordinance to provide the residents of the City protection from invasions of privacy due to the rapid implementation of drone technology being put into use by individuals, entities, and law enforcement agencies. Use of UAVs also pose an unreasonable public safety concern to other aircraft or objects in the air, and to City residents and their property on the ground in the event of drone malfunction, loss of control, or other inability to sustain flight as intended.

15.02 Definitions

“City” means the City of Arlington, Sibley County, Minnesota. An UAV or “drone” means a powered, aerial vehicle that:

A. Does not carry a human;
B. Uses aerodynamic forces to provide vehicle lift;

C. Can fly autonomously or be piloted remotely;

D. Can be expendable or recoverable.

15.03 Permitted Use

A. No person, entity, governmental unit, or law enforcement agency may operate a drone within the airspace of the city, unless such has been permitted by the City of Arlington, using forms, procedures and fees as set by resolution of the City Council from time to time.

B. In addition to City rules and restrictions for such permitted drone use, the drone operator shall comply with all FAA and other government regulations.

C. Drone use shall be restricted to no more than a 400-foot ceiling altitude.

D. No drone shall be operated beyond the line of sight of the drone operator, unless the operator is assisted by a drone observer who keeps the drone in line of sight and who is in constant radio contact with the drone operator.

E. The City permitting procedure may require the drone operator to carry liability insurance for said drone operation, in coverage amounts and terms as set by the City Council from time to time.

F. No drone shall be operated within the designated flight corridors of the helicopter air ambulance servicing the city hospital, and no drone shall be operated anywhere within city limits at any time a helicopter air ambulance is in flight within the city limits.

15.04 Exceptions

A drone may be operated within city air space without permit if any of the following exceptions apply:

A. A law enforcement agency first obtains a warrant authorizing its use; or

B. A law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person, and the law enforcement agency reasonably believes that the use of a drone may help to avoid said death or serious injury; or

C. A law enforcement agency needs to train officers on the use of a drone; law enforcement may operate a drone on city-owned property for training purposes; or

D. It is operated only within the boundaries of an individual’s real property, and has no surveillance capabilities; or

E. The drone operator is hired to do aerial photography of a property by the property owner, and the drone is operated only within the boundaries of the customer’s real property.

F. The operator of any drone without city permit under any of the exceptions of this Section 4 shall still comply with the restrictions set out in Section 15.03, Subsections b, c, d, and f above.

15.05 Penalty

Use or operation of a drone within the airspace of the City in violation of this Ordinance shall be considered a misdemeanor, punishable by the fines and other penalties established under state law for misdemeanors in effect on the date the violation occurs.

604.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of an UAV and for the storage, retrieval, and dissemination of images and data captured by the UAV (Minn. Stat. § 626.19).

604.1.1 DEFINITIONS

Definitions related to this policy include:

Unmanned Aerial Vehicle (UAV) – An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled without the possibility of direct human intervention from within or on the aircraft and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means (Minn. Stat. § 626.19).

604.2 POLICY

Unmanned aerial vehicles may be utilized to enhance the office’s mission of protecting lives and property. Any use of a UAV will be in strict accordance with constitutional and privacy rights and FAA regulations. Office UAVs may be flown under two FAA regulatory authorizations:

1. Per the conditions of a Certificate of Authorization (COA); or

2. Under 14 CFR Part 107 – commercial regulations.

604.3 PRIVACY

The use of the UAV potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAV operations.

604.4 USE OF UAV

The Sheriff will appoint a program coordinator who will be responsible for the management of the UAV program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices. Members shall not use a UAV without a search warrant, except (Minn. Stat. § 626.19):

(a) During or in the aftermath of an emergency situation or disaster that involves the risk of death or bodily harm to a person, including but not limited to:

1. Assisting in the search for missing children and adults, including those with special needs or tendencies to wander.

2. Providing support during water or public area searches, rescues, and recoveries.

3. Protecting staff from unnecessary exposure to danger and minimizing the risk of injury to bystanders, staff, and suspects,

4. Enhancing the likelihood of bringing peaceful resolutions to potentially deadly incidents.

5. Conducting critical infrastructure and damage assessments during disaster response.

6. Pursuit of a suspect that poses a risk of bodily harm to a community member.

(b) Over a public event where there is a heightened risk to the safety of participants or bystanders.

(c) To counter the risk of a terrorist attack by a specific individual or organization if the agency determines that credible intelligence indicates a risk.

(d) To prevent the loss of life or property in natural or man-made disasters and to facilitate operation planning, rescue, and recovery operations.

(e) To conduct a threat assessment in anticipation of a specific event.

(f) To collect information from a public area if there is reasonable suspicion of criminal activity.

(g) To collect information for crash reconstruction purposes after a serious or deadly collision occurring on a public road.

(h) Over a public area for deputy training or public relations purposes.

(i) For purposes unrelated to law enforcement at the request of a government entity, provided the request is in writing and specifies the reason for the request and a proposed period of use.

If a UAV is requested by another law enforcement agency, use must be consistent with state and federal law as well as this policy.

604.4.1 DOCUMENTATION REQUIRED

Each use of a UAV should be properly documented by providing the following (Minn. Stat. § 626.19):

(a) A unique case number.

(b) A factual basis for the use of a UAV.

(c) The applicable exception, unless a warrant was obtained. Written policy shall be posted on the Sheriff Office’s website.

604.5 PROHIBITED USE A UAV shall not be used:

• As a weapon or weaponized (Minn. Stat. § 626.19).
• With facial recognition or biometric-matching technology unless authorized by a warrant (Minn. Stat. § 626.19).
• To collect data on public protests or demonstrations unless authorized by a warrant or for purposes of a permitted use outlined in this policy (Minn. Stat. § 626.19).

604.6 DATA CLASSIFICATION AND RETENTION OF UAV DATA

Data collected by a UAV are private data on individuals or non-public data, subject to the following:

1. If the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy.

2. UAV data may be disclosed as necessary in an emergency situation during or in an aftermath of an emergency situation that involves the risk of death or bodily harm to a person.

3. UAV data may be disclosed to the government entity making a written request specifying the reason for request and proposed period of use for UAV for purposes unrelated to law enforcement.

4. UAV data that are criminal investigative data are governed by Minn. Stat. § 13.82.

5. UAV data that are not public data under other provisions of Minnesota Government Data Practices Act.

1. Section 13.04, subdivision 2, does not apply to data collected by a UAV.

2. Notwithstanding Minn. Stat. § 138.17, a law enforcement agency must delete data collected by a UAV as soon as possible, and in no event later than seven days after collection unless the data is part of an active criminal investigation (Minn. Stat. § 626.19)

604.7 REPORTING

The Sheriff or designee will prepare and submit the required annual report to the Commissioner of Public Safety by January 15th of each year with the following information:

1. The number of times a UAV was deployed without a search warrant.

(a) The date of each deployment

(b) The authorized use for each deployment

2. The total cost of the agency’s UAV program.

91.01  PURPOSE.

(A) It is the purpose of this chapter to provide the residents of the city protection from invasions of privacy due to the rapid implementation of drone technology being put into use by individuals, entities and law enforcement agencies.

(B) Use of UAVs also pose an unreasonable public safety concern to other aircraft or objects in the air and to city residents and their property on the ground in the event of drone malfunction, loss of control or other inability to sustain flight as intended.

91.02  DEFINITION.

DRONE means a powered, aerial vehicle that:

(A) Does not carry a human;

(B) Uses aerodynamic forces to provide vehicle lift;

(C) Can fly autonomously or be piloted remotely; and

(D) Can be expendable or recoverable.

91.03  PROHIBITION.

No person, entity, governmental unit or law enforcement agency may operate a drone within the air space of the city.

Penalty, see § 91.99

91.04  EXCEPTIONS.

This chapter does not prohibit the use or operation of a drone in the city’s airspace if:

(A) A law enforcement agency first obtains a warrant authorizing its use;

(B) A law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person;

(C) It is operated only within the boundaries of an individual’s real property;

(D) License operators under contract with individual property owners with prior notification of local law enforcement; or

(E) Council-approved events.

91.99  PENALTY.

Use or operation of a drone within the airspace of the city in violation of this chapter shall be a misdemeanor, punishable in accordance with state law.