AZ – Arizona
Bell Rock is a butte south of Sedona, Arizona composed of horizontal beds of late Permian (approx. 285 million year old) sedimentary rock.
Photo courtesy of the CIA World Factbook
Arizona government website just for reference.
The AZDOT website just for reference.
Arizona Legislature in case more laws were written since this book was published.
Last updated on March 18, 2024
Airspace
In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.
Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.
Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:
(a) The using agency described in § 73.15; or
(b) The controlling agency described in § 73.17.
These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:
(1) Schedule activities within the restricted area;
(2) Authorize transit through, or flight within, the restricted area as feasible; and
(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.
For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.
Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.
Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.
Alert Areas: Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.
Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.
National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.
Video courtesy of James and Angel (former ERAU students of mine)
Crewed Aircraft in your Airspace
CREWED AIRCRAFT
Arizona Revised Statute 13-3729
Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions
A. It is unlawful for a person to operate a model aircraft or a civil UA if the operation:
(1) Is prohibited by a federal law or regulation that governs aeronautics, including FAA regulations.
(2) Interferes with a law enforcement, firefighter, or emergency services operation.
B. It is unlawful for a person to operate or use an UA or UAS to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense.
State Preemption
D. This section does not:
(1) Apply to a person or entity that is authorized or allowed by the FAA to operate or use an UAS if the person’s or entity’s operation or use complies with the authorization granted to the person or entity or with FAA rules.
(2) Prohibit a city, town or county from enacting or adopting ordinances or rules on the operation or use of a public UA that is owned by the city, town, or county.
(3) Prohibit a city, town or county from enacting or adopting ordinances or rules that regulate the takeoff or landing of a model aircraft in a park or preserve owned by the city, town, or county if:
(a) There are other parks or preserves that are within the city, town, or county and that are available for model aircraft operation.
(b) The city, town, or county only has one park or preserve that is within the city, town, or county.
(4) Apply to the operation of an UA, including a public UA, by a first responder as defined in section 36-661 while acting in the first responder’s official capacity or an emergency worker while engaged in or supporting authorized emergency management activities or performing emergency functions pursuant to title 26, chapter 2.
E. A violation of subsection B of this section is a class 6 felony, except that a second or subsequent violation is a class 5 felony. A violation of subsection A of this section is a class 1 misdemeanor.
F. For the purposes of this section:
(1) “Civil unmanned aircraft” means an UA or UAS that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency.
(2) “Commercial purposes” means the use of an UA in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.
(3) “Critical facility” means any of the following:
(a) A petroleum or alumina refinery.
(b) A petroleum, chemical or rubber production, transportation, storage, or processing facility.
(c) A chemical manufacturing facility.
(d) A water or wastewater treatment facility and water development, distribution, or conveyance system, including a dam.
(e) An electric generation facility, as defined in section 42-14156, and any associated substation or switchyard.
(f) An electrical transmission or distribution substation.
(g) An electrical transmission line of at least sixty-nine thousand volts.
(h) An electronic communication station or tower.
(i) An energy control center.
(j) A distribution operating center.
(k) A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station, or a liquefied natural gas facility or supplier tap facility.
(l) Any railroad infrastructure or facility.
(m) A federal, state, county, or municipal court.
(n) A public safety or emergency operation facility.
(o) A federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.
(p) A federal or state military installation or facility.
(q) A hospital that receives air ambulance services.
(4) “Model aircraft” has the same meaning prescribed in section 336 of the FAA modernization and reform act of 2012 (P.L. 112-95), as amended.
(5) “Person” means a corporation, firm, partnership, association, individual or organization or any other group acting as a unit.
(6) “Public unmanned aircraft” means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government-related purpose.
(7) “Unmanned aircraft” means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
(8) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.
Arizona Revised Statute 28-8277
Low altitude flying prohibited
Flight of aircraft over lands and waters of this state is lawful, unless either:
- It is at a low altitude that interferes with the existing use to which land, water or space over the land or water is put by the owner.
- It is conducted in a manner that is imminently dangerous to persons or property lawfully on the land or water beneath the flight.
Arizona Revised Statute 28-8279
Trick or acrobatic flying; low level flying; dropping objects; classification
An aeronaut or passenger who does any of the following while in flight over a densely inhabited area or over a public gathering in this state is guilty of a class 1 misdemeanor:
- Engages in trick or acrobatic flying or in any acrobatic feat.
- Except while landing or taking off, flies at a low level that endangers persons on the surface beneath the flight.
- Drops an object, except loose water, loose sand ballast or loose sheets of paper.
Arizona Revised Statute 28-8280
Careless or reckless aircraft operation; violation; classification; definitions
A. A person who operates an aircraft in the air, on the ground or on the water in a careless or reckless manner that endangers the life or property of another is guilty of a class 1 misdemeanor. In determining whether the operation was careless or reckless, the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
B. For the purposes of this section:
(1) “Aircraft” includes a model aircraft and civil unmanned aircraft.
(2) “Civil unmanned aircraft” has the same meaning prescribed in section 13-3729.
(3) “Model aircraft” has the same meaning prescribed in section 13-3729.
Arizona Revised Statute 28-8282
Prohibited operation; under the influence; incapacitation
A. A person shall not operate or be in actual physical control of an aircraft if the person is either:
(1) Under the influence of intoxicating liquor, narcotic or other drugs or marijuana.
(2) By reason of mental or physical disability, incapable of operating an aircraft under the circumstances.
B. In a criminal prosecution for a violation of subsection A relating to operating an aircraft while under the influence of intoxicating liquor, it is presumed that the defendant was under the influence of intoxicating liquor if there was at the time 0.04 per cent or more by weight of alcohol in the defendant’s blood, urine, breath, or other bodily substance. This subsection does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.
C. A person shall not operate or be in actual physical control of an aircraft either:
(1) While there is 0.04 per cent or more by weight of alcohol in the person’s blood.
(2) Within eight hours after consuming intoxicating liquor, narcotic or habit-forming drugs or marijuana.
D. An owner of an aircraft or a person in charge or control of an aircraft shall not knowingly permit the aircraft to be operated by a person in violation of subsection A or C.
E. Per cent by weight of alcohol in the blood is based on grams of alcohol per hundred cubic centimeters of blood.
Apache Junction Code 15-1
15-1-1 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning,
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Unmanned Aircraft. Includes all UA as defined in ARS § 13-2729(F)(7), as amended.
Unmanned Aircraft System (“UAS”). Includes all UAS as defined in ARS § 13-2729(F)(7), as amended.
15-1-3 Prohibited Activities.
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(Q) Model toys and UAS. No person in a park shall bring into or use any remote controlled or self-propelled model toy or UA, including but not limited to model airplanes, drones, model rockets, model boats, model cars or other models, except in the areas designated by the director or with written permission from the director.
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15-1-4 Enforcement and Penalty.
(A) Enforcement. The director, park rangers and police officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. Requests from park rangers must be strictly adhered to in the interest of public safety. Park rangers have authority to issue citations to any park user in violation of any provision of this chapter.
(B) Ejection for violations. The director, park rangers and police officers have the authority to eject any person from any park for violating any provision of this chapter. Following ejection, it is unlawful for any person to enter or reenter any park during the ejection period.
(C) Confiscation of property. The director, park rangers and police officers have the authority to seize and confiscate any property, thing, or device in the park, used contrary to the provisions of this chapter, including but not limited to glass bottles, cigarettes, skateboards, bicycles, skates, motorized skateboards, weapons of any type, model toys, and unmanned aircraft or unmanned aircraft systems.
(D) Interference with official duties. It is unlawful for any person to interfere with the official duties of a park ranger.
(E) Penalty. A person convicted of a violation of any provision of this chapter shall be guilty of a class one misdemeanor and shall be punished as authorized under Apache Junction City Code, Vol I, Chapter 1: General, Article 1-1: General, § 1-1-11(A) Penalty.
Arizona Game and Fish Department Hunting Regulations
Arizona Game and Fish Department Hunting Regulations
Some excerpts:
“Aircraft” means any contrivance used for flight in the air or any lighter-than-air contrivance, including UAS also known as drones.
R12-4-319
Use of Aircraft to take wildlife
A. A person shall not take or assist in taking wildlife from or with the aid of aircraft, including drones.
B. Except in hunt units with Commission-ordered special seasons under R12-4-115 and R12-4-120 and hunt units with seasons only for mountain lion and no other concurrent big game season, a person shall not locate or assist in locating wildlife from or with the aid of an aircraft, including drones, in a hunt unit with an open big game season. This restriction begins 48 hours before the opening of a big game season in a hunt unit and extends until the close of the big game season for that hunt unit.
C. A person who possesses a special big game license tag for a special season under R12-4-115 or R12-4-120 or a person who assists or will assist such a licensee shall not use an aircraft, including drones, to locate wildlife beginning 48 hours before and during a Commission-ordered special season.
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R12-4-320
Harassment of Wildlife
A. In addition to the provisions established under ARS 17-301, it is unlawful to harass, molest, chase, rally, concentrate, herd, intercept, torment, or drive wildlife with or from any aircraft, including drones, as defined under R12-4-301, or with or from any motorized terrestrial or aquatic vehicle.
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Grand Canyon – Parashant National Monument
- No landing of aircraft on NPS lands or roads.
Arizona State Parks and Trails Rules
The current rule is all recreational drone use is prohibited in state parks. Commercial use will be evaluated with a Filming Permit for news, publicity, and promotional purposes. Film Permit rules require insurance and a current FAA drone registration permit. The final decision and any fees associated with access is at the discretion of park management. Access to areas beyond park boundaries (National Forest, State Trust Lands, Game & Fish, and other agencies) may require additional permission and/or permits. Please consult with the appropriate agency for details. As local, state, and national laws and technology continue to change, ASPT will evaluate updates to current rules.
Coronado National Forest
Coronado National Forest Drone Rules
Marana Code 15-2
15-2-18 UAS
A. All persons operating UAS or drones at or near the airport for commercial, non-recreational purposes shall comply with FAA all rules regarding such use.
B. All persons operating UAS or drones for recreational purposes within five miles of the airport shall notify the airport director prior to operation.
(1) If the airport director objects to the operation, it is expected that the operator will not conduct the proposed flight.
(2) Flying model aircraft over the objections of the airport director may be considered to be endangering the safety of the NAS.
15-2-19 Model airplanes, model helicopters, kites, and fireworks
No person shall fly or release a model airplane, model helicopter, rocket, kite, fireworks, balloon, parachute, or the like within two miles of the airport if such activity would create a hazard to aircraft operations or as otherwise determined by the airport director.
Maricopa County Parks and Recreation Rules
Maricopa County Parks and Recreation Rules
R-116 AIRCRAFT AND ENGINE POWERED MODELS
- Operating any passenger carrying aircraft of any nature or parachute, including parasailing, except in areas designated for such use by the Department or in an emergency situation.
- Operating engine powered models and/or toys in any park area not designated for such use or in such a manner that it could be a hazard to the public.
Mesa Parks Rules
Remote Controlled Devices and Other Vehicles:
- The operation of remote-controlled vehicles on the ground and/or on any body of water located within City parks is prohibited.
- The operation of model rockets or any other device powered by an internal combustion mechanism is prohibited.
- The operation of drones, helicopters, airplanes, or any other remote-controlled device is prohibited, except in the following non-exclusive designated areas:
Basin 114 (drones, helicopters, and other rotor-powered aircraft only)
Basin 115 and Basin 116 (electric-powered fixed wing aircraft and gliders only)
- All designated areas are available for non-exclusive drop-in use on a first-come, first-served basis only. No reservations.
- All industry safety rules, and regulatory requirements must be followed, such as from FAA or AMA or similar organization.
- All operators must pilot their crafts from the bottom of the retention basin.
- Spectators must remain outside the designated flight areas and cannot impede sidewalks or pedestrian pathways.
These rules are in accordance with Mesa City Code, Chapter X, Section 6-10-4(N).
Paradise Valley Ordinance
Section 10-12-3 Restrictions; Exceptions
A. It is unlawful for a person to operate a UAV if the operation:
1. Is prohibited by a federal or state law or regulation that governs UAV use, including FAA regulations.
2. Interferes with a law enforcement agency, firefighter, or emergency services operation.
3. Involves takeoff or landing in the Mummy Mountain Preserve, as such is designated on the following Schedule B Map of the Mummy Mountain Preserve or as the Mummy Mountain Preserve may be modified from time to time.
B. Exception. The use of a UAV is allowed within the Town by a law enforcement agency in response to an emergency situation or after obtaining a warrant based upon probable cause that criminal activity is occurring.
Section 10-12-4 Penalties/Seizure of Evidence.
For a first violation of this ordinance (except those violations which are accompanied by intentional or reckless acts), the penalty shall be a civil violation with a fine not to exceed $500.
For a second violation or any violation accompanied by intentional or reckless acts, the charge or violation shall be as provided for in Article 1-9 of the Town Code, with a maximum penalty to include a criminal misdemeanor charge, which, upon conviction thereof shall be a fine not to exceed $2,500 or imprisonment for a period not to exceed 6 months or both fine and imprisonment.
Each day that a violation continues shall be a separate offense punishable as described.
If the PVPD police chief or a Town code enforcement officer, or any of their duly authorized enforcement officers or designees, have a reasonable basis to believe that any UAV is or has been operating in violation of this section, said UAV may be seized by such duly authorized enforcement official, followed by an opportunity for an administrative hearing, with notice to the owner within 7 calendar days of such seizure, for the purpose of reviewing the appropriateness of the seizure, and shall be held by the Town until such time that the owner of such UAV reimburses the Town for the actual costs incurred in connection with the seizure and storage of the UAV. If criminal charges involving the use, condition, or operation of the UAV are pending, the UAV shall be held until disposition of the criminal charges. If it is determined at an administrative hearing, by a preponderance of the evidence, that the UAV was not being operated in violation of this article, such UAV shall be returned to its owner without charge.
Payson Code Section 93
93.04 Usage Rules.
(A) No person may swim or wade in any lake located in any park. (`82 Code, § 11-1-5)
(B) No person may play golf or golf-related activities in any park. (`82 Code, § 11-1-8)
(C) No apparatus or equipment shall be moved into a park unless permission is granted by the town. Any apparatus or equipment permitted shall be removed from the park area promptly after use, so there shall not be any interference with normal park and recreation programs.
(D) No material of any kind shall be attached to any part of any facility or area without express written approval contained in the facilities reservation permit or special event permit.
(E) No person shall operate model aircraft powered by a gasoline or other volatile liquid engine in any park. (`82 Code, § 11-1-9)
(F) (1) No person shall operate, launch, or land any model aircraft or UAV (not powered by gasoline or other volatile liquid engine) in any park:
(a) During a town sponsored event;
(b) In an area that has been reserved by another person/group; or
(c) In a manner that is unreasonably disruptive. For purposes of this subsection, “unreasonably disruptive” means operation, launching, or landing a model aircraft or an UAV in a manner that makes or creates unreasonable noise with intent to disturb the peace or quiet of the surrounding area, or any person or persons, or with knowledge of doing so. For purposes of this subsection, the determination of unreasonably disruptive shall be made based upon the circumstances existing at the time and place of the violation.
(d) Over any gathering of ten or more persons.
(2) The prohibitions in this division (F) shall not apply if a written exemption is issued by the town or if this prohibition is in contravention of federal or state law.
(G) No person shall use stakes longer than ten inches or more than one-quarter inch in diameter for any purpose in any park.
(H) No person shall climb on any walls, fences, buildings, or similar structures in any park.
(I) No charcoal or wood fires are permitted in any park except as may be allowed by the town in writing.
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Phoenix Municipal Code Section 24-49
Phoenix Municipal Code Section 24-49
Operation of remotely controlled aircraft, UAVs, and UAS
A. Definitions. The following definitions apply to this section. The singular of the word or phrase includes the plural, and the plural includes the singular.
1. Hobby or recreational purposes means a pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire.
2. Operate means to pilot, steer, direct, fly, or manage a remotely controlled aircraft or an UAV/UAS whether from within the aircraft or remotely. The term operate includes managing or initiating a computer system that pilots, steers, directs, flies, or manages a remotely controlled aircraft or an UAV/UAS.
3. Remotely controlled aircraft means an UA capable of sustained flight in the atmosphere; and operated within visual line of sight of the person operating the aircraft; and operated for hobby or recreational purposes; and limited to not more than 55 pounds; and operated consistent with the Academy of Model Aeronautics (AMA) Safety Code and the FAA Modernization and Reform Act of 2012 (P.L. 112-95, Section 336).
4. Unmanned aircraft vehicle (UAV) means an UA that is operated without the possibility of direct human intervention from within or on the aircraft. This definition excludes remotely controlled aircraft. An UAV must be marked, identified, and operated as required by Federal law.
5. Unmanned aircraft system (UAS) means an UAV and associated elements (including communication links and the components that control the UAV) that are required to operate safely and efficiently in the national airspace system. This definition excludes remotely controlled aircraft. An UAS must be marked, identified, and operated as required by Federal law.
B. Application of this section. This section shall not apply to:
1. Operation of UAV/UAS as part of operation, repair, or maintenance of park or preserve facilities or infrastructure, or as permitted through the City of Phoenix Film Office, or as a part of furnishing services under City of Phoenix agreements.
2. Operation of UAV/UAS by a publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication engaged in gathering, receiving, or processing information for communication to the public, or by a radio or television station or network, or by a press association or wire service, or Internet website affiliated with or under common ownership of any of those entities.
3. Operation of UAV/UAS by a law enforcement agency for any lawful purpose including, but not limited to, search and rescue operations for persons and property in distress, or during any emergency.
C. Prohibited operation. No person shall operate a remotely controlled aircraft to take off or land in a park or preserve owned or operated by the City of Phoenix except in parks designated by the Director or designee in operation sites that meet the requirements of subsection E of this section.
D. Safety Code. The Academy of Model Aeronautics (AMA) Safety Code applies to parks designated for the operation of remotely controlled aircraft. A person operating remotely controlled aircraft must follow AMA guidelines. Safe operating distances among remotely controlled aircraft must conform to the AMA Safety Code.
E. Operation sites. Operation sites shall at all times remain unobstructed and a safe distance away from other park users. Dimensions of operation sites shall be no less than 400 feet on all sides. For purposes of this section, unobstructed means an open park area that is level and free of trees, structures, or fences ten feet or higher, and that is fully accessible for the retrieval of launched aircraft.
F. Operation by minors. Children younger than 17 years of age must be accompanied by an adult when operating remotely controlled aircraft in City parks.
G. Additional safety requirements. Remotely controlled aircraft that exceed any of the specifications listed below may only be operated in City parks or preserves where there is a specifically developed remotely controlled aircraft operation site with spectator control fencing, established runways, flight pads or flying circles, and safety barriers.
1. Fueled radio-controlled model airplanes with an engine size of 0.20 cubic inches, wingspan of 60 inches, or weight of three pounds.
2. Electric powered radio-controlled model airplanes with a wingspan of 80 inches or weight of three pounds.
3. Radio controlled helicopters with a main blade diameter of 40 inches or a weight of three pounds.
4. Radio controlled gliders with a wingspan of 80 inches or weight of three pounds.
5. Control line model airplanes with a single engine size of 0.25 cubic inches.
6. Remotely controlled aircraft which weigh three pounds.
H. Civil sanctions for prohibited operation. A person found guilty of violating this section shall pay civil sanctions in an amount not to exceed $500.00 per day. Each calendar day shall be considered a separate period for purposes of imposing civil sanctions.
I. Savings clause. If any section, subsection, sentence, clause, phrase, or portion of the ordinance codified in this section is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, the court’s decision shall not affect the validity of the remaining portions of the ordinance.
J. Conflict in law. This section shall be construed and enforced in accordance with Federal and State law. If a conflict or ambiguity exists between this section and Federal or State law related to the operation of a remotely controlled aircraft or an UAV/UAS within a City of Phoenix Park or Preserve, the laws in the following order shall prevail and control: (1) Federal; (2) State; (3) this section.
Prescott Valley Policies and Procedures
Prescott Valley Policies and Procedures – adopted April 27, 2023
RESOLUTION NO. 2023-2312
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF PRESCOTT VALLEY, A MUNICIPAL CORPORATION OF ARIZONA, AMENDING ADMINISTRATIVE POLICY “UNMANNED AIRCRAFT SYSTEM (UAS) PROGRAM” (NO. 1-11) OF THE PRESCOTT VALLEY POLICY AND PROCEDURES MANUAL; PROVIDING THAT IF ANY PROVISION IN THIS RESOLUTION IS HELD INVALID BY A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED BUT SHALL CONTINUE IN FULL FORCE AND EFFECT; AND PROVIDING THAT THIS RESOLUTION SHALL BE EFFECTIVE AFTER ITS PASSAGE AND APPROVAL ACCORDING TO LAW.
WHEREAS, by Resolution No. 2033 (dated January 25, 2018), the Town Council adopted a new administrative policy “Unmanned Aircraft System Program” (No. 1-11) to establish guidelines for the use of unmanned aircraft systems (UAS) by the Town in accordance with state, federal and local laws and ordinances; and
WHEREAS, as UAS technology has evolved, federal regulations have been enacted to allow previously proscribed UAS operations (nighttime operations, operations over human beings, operations over human beings located in moving vehicles), subject to certain conditions; and
WHEREAS, the Town Council desires to amend the Town’s Unmanned Aircraft System (UAS) Program to reflect current federal regulations and expand its UAS operations to allow nighttime operations, operations over human beings and operations over human beings located in moving vehicles (subject to conditions set forth in the federal regulations), which will provide additional services to Town citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF PRESCOTT VALLEY, ARIZONA:
1. That Administrative Policy No. 1-11 “Unmanned Aircraft System (UAS) Program” be hereby amended to reflect current federal regulations. [Note that said policy is attached hereto and expressly made a part hereof.]
2. That, if any provision in this Resolution is held invalid by a Court of competent jurisdiction, the remaining provisions shall not be affected but shall continue in full force and effect.
3. That this Resolution shall be effective after its passage and approval according to law.
RESOLVED by the Mayor and Common Council of the Town of Prescott Valley, Arizona, this 27th day of April, 2023.
1.0 POLICY
It is the general policy of the Town of Prescott Valley to operate any Unmanned Aircraft System (UAS) as a resource to protect life and property and support Town departments in providing services to Town citizens. Town staff may utilize UAS and associated technologies to supplement, improve and expedite such things as emergency management, capital project management, search and rescue activities, law enforcement, mapping and measuring, marketing, situational awareness, and damage assessments, and to perform other tasks which a UAS may make safer and more cost-effective.
Operation of any Town UAS will be in accordance with Federal, State, and local laws and ordinances, specifically taking into account constitutional privacy rights (including search and seizure restrictions) and Federal Aviation Administration (FAA) regulations.
2.0 PURPOSE
Use of a Town UAS is intended to support and augment Town operations through improved efficiency, and to create new opportunities to meet the health, safety and welfare needs of the public and Town staff. This UAS Policy is intended to ensure safe and responsible operation of any Town UAS.
3.0 APPLICABILITY
This policy applies to all Town employees involved with the operation or administration of any Town UAS.
4.0 REFERENCE
14 Code of Federal Regulations (CFR) §107
5.0 UAS PROGRAM
The Town UAS Program will be managed through the Town Manager’s office. A UAS Program Manager will be designated by the Town Manager. All Town departments wishing to use a Town UAS for Town-related business shall submit requests to the Program Manager.
6.0 GENERAL OPERATIONAL REQUIREMENTS
6.1 No person may manipulate the flight controls of a Town UAS unless that person has a remote pilot certificate with a small UAS rating issued pursuant to 14 CFR §107, Subpart C “Remote Pilot Certification” (and satisfies the requirements of §107.65).
6.2 A remote-pilot-in-command (RPIC) must be designated before each flight of a Town UAS. The RPIC is directly responsible for (and is the final authority as to) the operation of any Town UAS.
6.3 A visual observer must also be designated before each flight to assist the RPIC.
6.4 The RPIC must ensure that the Town UAS will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the UAS. Prior to each flight, the RPIC shall inspect the UAS to determine whether it is in a condition for safe operation. Under no circumstances shall the RPIC continue flight of a Town UAS when he or she knows (or has reason to know) that the UAS is no longer in a condition for safe operation.
6.5 The RPIC must ensure that Town UAS operation complies with all applicable regulations of 14 CFR §107.
6.6 No person may:
A. Operate a Town UAS in a careless or reckless manner that endangers the life or property of another; or
B. Allow an object to be dropped from a Town UAS; or
C. Operate a Town UAS from a moving land- or water-borne vehicle or aircraft; or
D. Operate (or act as an RPIC or visual observer in the operation of) more than one Town UAS at the same time.
6.7 No person may operate a Town UAS during periods of civil twilight or at night unless –
A. The RPIC has completed an initial knowledge test or training, as applicable, under § 107.65; and
B. The Town UAS has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The RPIC may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
For purposes of this section, “civil twilight” refers to a period of time that begins 30 minutes before official sunrise and ends at official sunrise and a period of time that begins at official sunset and ends 30 minutes after official sunset.
6.8 Operation of any Town UAS near aircraft, certain airspace, in the vicinity of airports, or in prohibited or restricted areas must strictly comply with the requirements of 14 CFR §107, Subpart B “Operating Rules.”
6.9 No person may operate a Town UAS over a human being unless –
A. That human being is directly participating in the operation of the Town UAS;
B. That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling Town UAS; or
C. The RPIC conducts operations over human beings only in accordance with 14 CFR §107.110 for Category 1 operations; §§ 107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140 for Category 4 operations.
(1) If a Category 2 or Category 3 label affixed to a UAS is damaged, destroyed, or missing, the RPIC must label the aircraft in English such that the label is legible, prominent, and will remain on the UAS for the duration of the operation before conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the UAS is qualified to conduct in accordance with this subpart.
6.10 No person may operate any Town UAS over a human being located inside a moving vehicle unless the following conditions are met:
A. The operation occurs in accordance with 14 CFR §107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations.
B. For an operation under Category 1, Category 2, or Category 3, the UAS, throughout the operation –
(1) Must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a UAS may fly over them; or
(2) Must not maintain sustained flight over moving vehicles.
C. For a Category 4 operation, the UAS must –
(1) Have an airworthiness certificate issued under part 21 of this chapter;
(2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings located inside moving vehicles.
7.0 SPECIFIC OPERATIONAL REQUIREMENTS
7.1 Prior to flight, the RPIC shall:
A. Assess the operating environment (considering risks to persons and property in the immediate vicinity both on the surface and in the air). This assessment must include:
(1) Local weather conditions;
(2) Local airspace and any flight restrictions;
(3) The location of persons and property on the surface; and
(4) Other ground hazards;
B. Ensure that all persons directly participating in the Town UAS Program are informed about the operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards;
C. Ensure that all control links between ground control station and any Town UAS are working properly; and
D. Ensure that there is enough available power for any Town UAS to operate for the intended operational time.
7.2 During flight, the RPIC and the visual observer shall maintain effective communication with each other at all times.
7.3 With vision that is unaided by any device (other than corrective lenses), either the RPIC or the visual observer must be able to see the UAS throughout the entire flight in order to:
A. Know its location;
B. Determine its attitude, altitude, and direction of flight;
C. Observe the airspace for other air traffic or hazards; and
D. Determine that it does not endanger the life or property of another.
7.4 During flight, the RPIC and the visual observer must coordinate to 1) scan the airspace where the UAS is operating for any potential collision hazard, and 2) maintain awareness of the position of the UAS through direct visual observation.
7.5 The RPIC must comply with all of the following operating limitations when operating the UAS:
A. The ground speed may not exceed 87 knots (100 miles per hour).
B. The altitude may not be higher than 400 feet above ground level, unless the UAS:
(1) Is flown within a 400-foot radius of a structure; and
(2) Does not fly higher than 400 feet above the structure’s immediate uppermost limit.
C. The minimum flight visibility, as observed from the location of the control station, must be no less than 3 statute miles. For purposes of this section, flight visibility means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.
D. The minimum distance from clouds must be no less than:
(1) 500 feet below the cloud; and
(2) 2,000 feet horizontally from the cloud.
8.0 PRIVACY CONSIDERATIONS
RPICs operating a Town UAS must be mindful of individual privacy rights. Absent a warrant or exigent circumstances, RPICs shall not intentionally record or transmit images in any location where a person would have a reasonable expectation of privacy (e.g., inside a residence, fenced yard or similar area only visible from an elevated position). RPICs and visual observers shall take reasonable precautions to avoid inadvertently recording or transmitting images in violation of such privacy rights.
9.0 RECORDS RETENTION
Any photographs or other video records and audio records collected through the Town UAS Program shall be retained in accordance with applicable Town records retention schedules.
Scottsdale Parks Rules
Drones are welcome in most Scottsdale parks, however there are some rules you should be aware of before you fly.
Flying drones is not allowed in the following areas:
- Mescal Park
- Stonegate Park
- WestWorld
- McCormick-Stillman Railroad Park
- Pinnacle Peak Park
- McDowell Sonoran Preserve (per Ord. 4276)
- Cactus Aquatic Center
- Chaparral Aquatic Center
- Eldorado Aquatic Center
- McDowell Mountain Ranch Aquatic Center
Sierra Vista Code Section 94
94.01 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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Unmanned Aircraft. An aircraft, including an aircraft commonly known as a drone that is operated without the possibility of direct human intervention from within or on the aircraft.
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94.05 Park Uses.
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(E) Dangerous activities. No person shall conduct inherently dangerous activities, which create the potential for injury to other users. Prohibited activities include, but are not limited to: explosives and pyrotechnics; archery, i.e., to shoot with bow and arrow; to throw a javelin, spear or other pointed objects; launching model rockets, UA other than at Bolin Field, and golfing. The only exemptions are those activities that occur within organized city programs, under the supervision of department staff or the contract instructor or authorized by a written permit from the Director of Leisure and Library Services.
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Snow Bowl Ski Resort Rules
Using drones at Arizona Snowbowl is not permitted. Those caught breaking the rules may have their drone confiscated, their skiing privileges suspended or could even be fined.
Tempe Parks Rules
On June 15, 2017, the City of Tempe adopted Ordinance No. O2017.36, an amendment to the City Code Chapter 23, Article III, Division 1 regarding the use of UAVs – meaning those that are flown solely for recreational or hobby purposes while in the visual sight of the operator – in city parks and preserves. The amendment prohibits takeoffs and landings with UAVs in Tempe Beach Park, Papago Park (Tempe section), Rio Salado Park, and city preserves.
- Register and mark your drone if its weight is above 0.55 pounds
- Obtain authorization before flying in controlled airspace
- Fly at or below 400 feet
- Be aware of federal airspace requirements and restrictions.
- Stay away from surrounding obstacles.
- Keep your done within sight.
- Never fly near other aircraft, especially near airports.
- Never fly over groups of people.
- Never fly over stadiums or sports events.
- Never fly near emergency response efforts such as fires.
- Never fly under the influence of drugs or alcohol.
Careless or reckless use of a drone is under state law classified as a class 1 misdemeanor.
Tombstone Chapter 5-8
5-8-1: Purpose:
The purpose of this chapter is to provide the residents, guests, and tourists of the city of Tombstone protection from invasions of privacy due to the rapid implementation of UAS technology being put into use by individuals, entities, and law enforcement agencies. Use of UAVs also pose an unreasonable public safety concern to city residents, guests, tourists and business owners in the event of an UA malfunction, loss of control, striking other airborne or elevated objects such as birds or cables, or other inability to sustain flight.
5-8-2: Definitions:
Aircraft: A device that is used or intended to be used for flight in the air.
Airspace: The portion of the atmosphere directly above land or water.
Drone: An UA that:
A. Is operated without the possibility of direct human intervention from within or on the aircraft;
B. Are mechanical and use aerodynamic forces or gases to provide vehicle lift;
C. Can fly under the control of a remote pilot or a geographic positioning system (GPS) guided autopilot.
Model Aircraft: An UA that is:
A. Capable of sustained flight in the atmosphere;
B. Flown within visual line of sight of the person operating the aircraft; and
C. Flown for hobby or recreational purposes.
Navigable Airspace: Airspace above the minimum altitudes of flight including airspace needed to ensure safety in the takeoff and landing of aircraft. Currently, the navigable airspace begins at four hundred feet (400′) above ground.
SUA: An UA weighing less than fifty-five (55) pounds (all up takeoff weight).
SUAS: An UAS for SUA.
UA: An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. This definition includes “unmanned aerial vehicles (UAVs)” and “drones”.
UAS: An UA and associated elements (including communication links and the components that control the UA) that are required for the operator/PIC to operate the aircraft safely and efficiently. UAS use a remote pilot or a geographic positioning system (GPS) guided autopilot to operate or control the aircraft.
Unregulated Airspace: Airspace that is considered by the FAA as being used for navigation.
5-8-3: Prohibition:
A. No person, entity or governmental unit may operate a SUA or a SUAS within the unregulated airspace of the city of Tombstone unless otherwise authorized pursuant to section 5-8-4 of this chapter.
B. Except as stated in subsection 5-8-5D of this chapter, evidence that is obtained or collected in violation of this chapter is not admissible against the purported victim in a civil or criminal proceeding and may not be used against a citizen, corporation or organization in any formal proceeding within this state for the purpose of enforcing federal, state or local law unless the evidence was collected under one of the exceptions described in section 5-8-4 of this chapter.
5-8-4: Exceptions:
It is lawful to use a SUA or SUAS within the city of Tombstone to photograph, film, audiotape, collect information or otherwise record an individual or individuals acting on private property:
A. If the UA is operated by a federal, or state governmental agency for law enforcement, scientific investigation/research, mapping and evaluating the earth’s surface, and investigation/evaluation of agriculture, forestry, and wildlife in accordance with the laws of the state of Arizona and the US;
B. If the recording is captured by the city of Tombstone or an individual or entity under contract with the city of Tombstone for a legitimate governmental purpose;
C. If the recording is made for the operation and maintenance of utilities or telecommunication facilities for the purpose of maintaining the reliability and integrity of the utility or telecommunication system or to determine if repairs to the system are necessary;
D. If law enforcement is using the UAS to execute a valid search warrant;
E. If law enforcement is acting under circumstances in which an exception to the warrant requirement is applicable;
F. If law enforcement is using the UAS to document a crime scene where a felony offense has been committed or a serious traffic accident just happened;
G. If law enforcement is conducting a search for a missing or abducted person;
H. If the recording is made over several private residences for an artistic or journalistic purpose and no individuals captured on the recording are personally identifiable;
I. If the UA is operated only within the boundaries of an individual’s real property interest established by a deed or written tenancy, and is not equipped with surveillance or monitoring equipment;
J. If the owner of the real property has provided the UA operator with written consent to make a visual recording of the real property;
K. If the UA is a “model aircraft” as defined herein that has not been altered from the manufacturer’s specifications or otherwise equipped with surveillance, monitoring, video or audio equipment and is used in accordance with the manufacturer’s specifications.
5-8-5: Offense and Penalty:
A. A person commits an offense if the person uses an UA to photograph, film, audiotape, or otherwise record an individual or individuals acting on private property without the expressed, written consent of the property owner and the individuals included in the recording. An offense under this section is a class 1 misdemeanor.
B. It is a defense to prosecution under this section that the person did not purposely intend to record the alleged victim and destroyed all photographs, films, audiotapes, and other records:
(1) As soon as the person had knowledge that the image was captured in violation of this section;
(2) Without disclosing, displaying, or distributing the image to a third party;
(3) The recordings did not include children, sexual acts, or nudity.
C. It is a separate class 1 misdemeanor offense if that person or that person’s agent discloses, displays, distributes, sells, or otherwise uses that image. Each image, video or audio recording a person discloses, displays, distributes, or sells under this section is a separate offense.
D. A plaintiff who was the target of the surveillance, monitoring or collection may use the evidence to support a civil or statutory claim against the person found guilty of violating this chapter.
5-8-6: Severability:
A. Should the federal or state government pass any law that governs any provision of this chapter, an attempt shall be made to reconcile both laws. Federal or state laws shall supersede any provision of this chapter that cannot be reconciled. However, the remaining provisions of this chapter shall remain in full force and effect.
Other Laws That May Apply
Additional laws that could be used in Arizona …. besides the UAS specific ones!
13-1424 Voyeurism (mentions a device but does not define it so UAS could be a device)
13-1502 Criminal Trespass in the third degree (“Entry” means the intrusion of any part of any instrument or any part of a person’s body inside the external boundaries of a structure or unit of real property. – see definitions as a UAS could be an instrument)
13-1503 Criminal Trespass in the second degree
13-1504 Criminal Trespass in the first degree
Title 28 of the A.R.S. Chapter 25 deals with Aviation
“Aircraft” includes a balloon, airplane, amphibian and craft used for navigation through the air.
University Drone Policies
Arizona Christian University (page 53-54)
Embry-Riddle Aeronautical University – Prescott Campus Policy
Note: This list is just a sample… many more could be added.
Advanced Air Mobility (AAM)
In the State of Arizona, in the House of Representatives, in the 55th Legislature, First Regular Session, 2021
Chapter 197 was enacted from House Bill 2485.
AN ACT ESTABLISHING THE URBAN AIR MOBILITY STUDY COMMITTEE.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Urban air mobility study committee; membership; duties; report; delayed repeal
A. The urban air mobility study committee is established consisting of the following members:
1. Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party. The president of the senate shall designate one of these members to serve as co-chairperson of the committee.
2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house of representatives shall designate one of these members to serve as co-chairperson of the committee.
3. The chief executive officer of the Arizona commerce authority or the chief executive officer’s designee.
4. The director of the department of emergency and military affairs or the director’s designee.
5. The director of the department of transportation or the director’s designee.
6. A member of the Arizona technology council who is appointed by the governor.
7. A representative from the league of Arizona cities and towns. The governor shall appoint this member.
8. Two members from cities with populations greater than two hundred fifty thousand persons. The members shall be from different cities. The governor shall appoint these members.
9. One member from a city with a population of less than one hundred thousand persons. The governor shall appoint this member.
10. One member from the Arizona association of counties. The governor shall appoint this member.
11. One representative from a metropolitan planning organization. The governor shall appoint this member.
12. One representative from a university in this state. The governor shall appoint this member.
13. One representative from a community college in this state. The governor shall appoint this member.
14. Three members from the urban air mobility industry. The governor shall appoint these members.
15. A member from an organization in this state that helps persons with disabilities. The governor shall appoint this member.
16. Two members from the business community. The governor shall appoint these members.
17. A member from an organization in this state that represents underserved transportation areas. The governor shall appoint this member.
18. A representative of an airport located in a county with a population of more than one million persons. The governor shall appoint this member.
B. Appointed members serve at the pleasure of the person who made the appointment.
C. Committee members are not eligible to receive compensation, but members appointed by the governor are eligible for reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes.
D. The committee shall:
1. Review current laws in this state that could impact the urban air mobility industry and discuss necessary revisions.
2. Identify potential laws in this state that will create jurisdictional consistency for urban air mobility operations throughout this state.
3. Foster public acceptance and awareness by creating an outreach campaign to educate the general public and lawmakers about urban air mobility technology and its benefits.
4. Collaborate with local governments to identify the best ways to integrate urban air mobility into transportation plans.
5. On or before July 1, 2022, submit a report regarding the committee’s activities and recommendations for administrative or legislative action to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
E. This section is repealed from and after September 30, 2023.
APPROVED BY THE GOVERNOR APRIL 9, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 9, 2021.
2022 – Urban Air Mobility Study Committee
2023 – Lawmakers explore development of flying drone taxis
Short Essay Questions
Question 1
You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.
They need you to prepare a one-page memo detailing the legalities of filming Bell Rock, a butte south of Sedona, Arizona, pictured above.
They need you to mention any state laws and local ordinances.
They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.
Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!
Question 2
Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.
Question 3
Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.
Question 4
Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.
Question 5
Does the state have UAM/AAM laws? If so, describe, citing the exact law.
Question 6
Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.
