The following words and phrases, as used in this chapter, are defined as follows:

.010 “Unmanned Aircraft” or “UA” shall mean an aircraft, including, but not limited to, an aircraft commonly known as a “drone”, that is operated without the possibility of direct human intervention from within or on the aircraft.

.020 “Unmanned Aircraft System” or “UAS” shall mean an UA and associated elements, including, but not limited to, any communication links and components that control the UA.

.030 “Civil UAS” shall mean an UA or UAS operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.

.040 “Commercial Purposes” shall have the same meaning as attributed to the phrase “Engaged in Business” in Section 3.04.UA or UAS operated by any person strictly for hobby or recreational purposes.

.060 “Operate” shall mean to pilot, steer, direct, fly, guide, or manage an UA or UAS through the air remotely. The term “operate” includes, without limitation, managing or initiating an electronic control system that pilots, steers, directs, flies, or manages an UA or UAS.

.070 “Person” shall have the same meaning as it is defined in Section 3.04.010.080 of this Code.

.080 “Public UAS” shall mean an UA or UAS operated by any public agency for government related purposes.

.010 Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft within the City of Anaheim:

.0101 It is unlawful to operate a Model Aircraft in a manner that interferes with police or fire operations including, but not limited to, efforts to control, contain, or extinguish a fire from the air. It is unlawful to operate a Model Aircraft over or within 500 feet measured horizontally of an active police or fire investigation, including a crime scene, traffic collision, or fire incident, or over or within 1,000 feet measured horizontally of a wildfire incident or operations.

.0102 It is unlawful to operate within 1,000 feet measured horizontally of or into a fireworks production.

.0103 It is unlawful to operate any Model Aircraft carrying or equipped with anything other than a camera, video camera, or related image or audio capturing equipment.

.0104 It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.

.0105 It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any structure unless written expressed permission is obtained from the individual, property owner(s) or manager(s), or tenant(s) thereof.

.0106 It is unlawful to operate a Model Aircraft within 1,000 feet measured horizontally from the property line at Angel Stadium, the Honda Center, the Anaheim Convention Center, Disneyland, California Adventure Park, or any other public or private accommodation or venue where more than 1,000 people are reasonably estimated to be in attendance.

.020 Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft or Civil UAS within the City of Anaheim:

.0201 It is unlawful to operate a Model Aircraft or Civil UAS in a manner that interferes with a manned aircraft, and Model Aircraft or Civil UAS shall always give way to a manned aircraft.

.0202 It is unlawful to operate a Model Aircraft or Civil UAS within the controlled airspace of any airport without the prior express authorization of the airport control tower.

.0203 It is unlawful to operate a Model Aircraft or Civil UAS higher than 400 feet above ground level.

.0204 Model Aircraft and Civil UAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset, local time.

.0205 It is unlawful to operate Model Aircraft or Civil UAS over moving vehicles or unprotected persons, or in any way which interferes with vehicle traffic, or across a street with more than two lanes. It is unlawful to operate a Model Aircraft of Civil UAS less than 100 feet away measured horizontally from any individual other than the operator or the operator’s helper(s).

.0206 It is unlawful to operate Model Aircraft or Civil UAS within 1,000 feet measured horizontally of or in the airspace above any water delivery facility, reservoir, storage tank, pump station, treatment or intake facility, or any electric generating facility, substation or control center, or any electric transmission or distribution facility, or within 100 feet of any overhead wire, cable, conveyor, or similar equipment for the distribution of electricity or power, upon or along any public way or utility easement within the city, without the facility or equipment owner’s consent, and subject to any restrictions that the facility or equipment owner may place on such operation.

.0207 It is unlawful to operate a Model Aircraft or Civil UAS while the operator is under the influence of alcohol or drugs.

.0208 It is unlawful to operate a Model Aircraft or Civil UAS beyond the visual line of sight of the operator. The operator must use his or her own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means the operator has an unobstructed view of the Model Aircraft or Civil UAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the Model Aircraft or Civil UAS, do not constitute the visual line of sight of the operator. It is unlawful to operate a Model Aircraft or Civil UAS when the operator is on or in a moving vehicle.

.0209 It is unlawful to operate a Model Aircraft or Civil UAS in a manner that is reckless or careless and endangers the safety of other persons or their property. The standard for careless or reckless operation shall be the same as the standard set forth in federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13.

.0210 It is unlawful to operate any Model Aircraft or Civil UAS in violation of any TFR, NOTAM, or any other flight restriction issued by the FAA or any other federal or state statute or regulation governing aeronautics.

.0211 It is unlawful to operate a Civil UAS for Commercial Purposes in the City unless the operator has first obtained a City business license for such commercial flight operation purposes.

.030 It shall be unlawful for any person to violate or fail to comply with this chapter. Any Person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.01.370 (Violations of Code – Penalty) of Chapter 1.01 (Code Adoption and Construction).

.040 Operations authorized by the FAA – Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person or operator who is authorized by the Federal Aviation Administration to operate any Model Aircraft, Civil UAS, or Public UAS in City air space pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 or a certificate of waiver, certificate of authorization, or airworthiness certificate under Section 44704 of Title 49 of the USC or other FAA grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the FAA.

9.10.010 – Purpose

The purpose of this chapter is to regulate the operation of UA, commonly known as drones, which can at times pose a hazard to full-scale aircraft in flight and to persons on the ground. Imposing community-based safety requirements on the operation of model UAS and imposing restrictions on the operation of both model UAS’s and civil UAS’s consistent with FAA rules is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UA.

9.10.020 – Definitions

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Civil UAS” shall mean an UA or UAS operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in the furtherance of, or incidental to, any business or media service or agency.

“Drone” refers to any UAS.

“FAA” means the Federal Aviation Administration.

“Model UAS” shall mean an UA or UAS operated by any person strictly for hobby or recreational purposes.

“Person” shall mean natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them.

“Public UAS” shall mean an UA or UAS operated by any public agency for government related purposes.

“Unmanned aircraft” shall mean an aircraft without a human pilot onboard, that is controlled by an operator on the ground, and is operated without the possibility of direct human intervention from within or on the aircraft.

“Unmanned aircraft system (UAS)” shall mean an UA and associated elements, including, but not limited to, any communication links and components that control the UA.

“Visual line of sight” means that a person operating an UA has an unobstructed view of the UA. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the unmanned aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight to the UA, except as otherwise permitted by federal law. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the unmanned aircraft do not constitute visual line of sight of the person operating the unmanned aircraft.

9.10.030 – Regulations

The following shall apply to the operation of any model UAS or civil UAS within the City of Calabasas:

1. No person shall operate any model UAS or civil UAS within the City of Calabasas in a manner that is prohibited by any federal statute or regulation.
2. No person shall operate any model UAS or civil UAS within the City of Calabasas in a manner that interferes with manned aircraft, and any person operating a model UAS shall always give way to any manned aircraft.
3. No person shall takeoff, land or operate any model UAS or civil UAS within the City of Calabasas beyond the “visual line of sight” of the person operating the model UAS or civil UAS.
4. No person shall operate any model UAS or civil UAS within the City of Calabasas other than during daylight hours defined as between official sunrise and official sunset for local time, except that a person may operate a model UAS or civil UAS during periods of civil twilight if the UAS has lighted anti-collision lighting visible for at least three (3) statute miles. As used herein, “civil twilight” means a period of time that begins thirty (30) minutes before official sunrise and ends at official sunrise, and a period of time that begins at official sunset and ends thirty (30) minutes after official sunset.
5. No person shall operate any model UAS or civil UAS within the City of Calabasas more than four hundred (400) feet above the earth’s surface, unless the UAS is both flown within a 400-foot radius of a structure and does not fly higher than four hundred (400) feet above the structure’s immediate uppermost limit.
6. Excluding takeoff and landing, no person shall operate any model UAS or civil UAS within the City of Calabasas closer than twenty-five (25) feet to any individual, except the operator or the operator’s helper(s).
7. No person shall takeoff or operate a model UAS or civil UAS on private property without the consent of the property owner.
8. No person shall takeoff, land or operate a model UAS or civil UAS over publicly permitted events without prior notification and authorization of the city.
9. No person shall takeoff, land or operate a model UAS or civil UAS within one thousand five hundred (1,500) horizontal feet of any manned or UA.
10. No person shall takeoff, land or operate a model UAS or civil UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens.
11. No person shall takeoff, land or operate a model UAS or civil UAS within five hundred (500) feet of any active law enforcement or emergency response incident.
12. No person shall takeoff, land or operate a model UAS or civil UAS within two hundred (200) feet of a school facility without prior notification and authorization of school officials.
13. No person shall takeoff, land or operate a model UAS or civil UAS within one hundred (100) feet of any public building or facility without prior notification, and authorization of the city.
14. No person shall operate a model UAS or civil UAS that has any type of weapon attached to it.
15. No person shall operate any model UAS or civil UAS within the City of Calabasas in violation of any TFR or NOTAM issued by the FAA.
16. No person shall operate any model UAS or civil UAS within the City of Calabasas in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless and reckless operation under this section shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including but not limited to 14 CFR 91.13.

9.10.040 – Exemptions

The provisions of this chapter shall not apply to any Public UAS, or UAS weighing less than 0.55 lbs.

9.10.050 – Violations; penalties

Any person who violates any provision of this chapter is guilty of a misdemeanor punishable as provided in section 1.16.020A of this Code.

9.38.010 – Purpose and findings

The operation of UA such as model aircraft and civil UAS, commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil UASs consistent with federal aviation rules and state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of UA.

9.38.020 – Definitions

The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:

Civil UAS shall mean an UA or UAS operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.

Model aircraft shall mean an UA or UAS operated by any person strictly for hobby or recreational purposes.

Person shall mean any individual, partnership, corporation, or joint venture.

Public UAS shall mean an UA or UAS operated by any public agency for government related purposes.

UA shall mean an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

UAS shall mean an UA and associated elements, including, but not limited to, any communication links and components that control the UA.

9.38.030 – Operating permit required

A. Generally. An operating permit shall be required for every UA and UAS operated in the city. No person shall operate an UA or UAS in the city without first obtaining an operating permit and obtaining an identification number assigned by the city and submission of a copy of the certificate of aircraft registration/proof of ownership issued by the FAA.

B. Applications. An application for a UAS operating permit shall be on a form provided by the city and show:

1. Name and phone number of the operator;

2. Make, model and serial or N-number of UAS to be permitted;

3. A description of proposed flight activity, including whether filming, taking of visual images and/or sound recording will occur;

4. Copy of certificate of aircraft registration/proof of ownership issued by the FAA;

5. A signed statement certifying that the applicant knows how to operate the UAS and is aware of and agrees to operate it in full compliance with its operating instructions and with the provisions of this chapter and any other federal or state laws governing its operations;

6. A signed statement acknowledging that only the applicant may operate the UAS in the city;

7. A signed indemnification clause protecting the city from liability;

8. Such other information as may be requested by the city; and

9. Payment of an application filing fee in an amount as set forth in the city’s master fee resolution. The filing fee for a UAS found to be operating in the city without a permit shall be tripled.

C. Placement. The permit sticker and identification number shall be placed on the body of the UA or UAS in a conspicuous location on the earth-facing surface of the device and in a manner clearly visible from the ground. Placement of stickers shall be subject to approval of the city or performed by the city.

D. Issuance of Permit. The permit will include a copy of the operating rules set forth in this chapter. Permits will be issued for a period of one (1) year and may be renewed annually upon filing of a renewal application and payment of a renewal fee as set forth in the city’s master fee resolution. A permit shall not be issued if the applicant is found to have operated the UAS in violation of Section 9.38.040 or renewed if grounds exist for revocation.

E. Assignment. The permit is not assignable. No person other than the applicant may operate the UAS within the city.

F. Revocation. The permit may be suspended or revoked if the city manager, or his/her designee finds based on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be heard, that the permittee has violated any provision of this chapter. A decision by the city manager may be appealed to the city council; the decision of the council shall be final.

9.38.040 Operating requirements and restrictions.

A. No person shall operate any model aircraft or civil UAS within the city in a manner that interferes with manned aircraft, and model aircraft shall always give way to any manned aircraft.

B. No person shall operate any model aircraft within the city beyond the visual line of sight of the person operating the model aircraft. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the model aircraft. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means that the operator has an unobstructed view of the model aircraft. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the model, do not constitute the visual line of sight of the person operating the model aircraft.

C. No person shall operate any model aircraft or civil UAS within the city other than during daylight hours defined as between official sunrise and official sunset for local time, unless proof of authorization to do so by the FAA is provided to the city.

D. No person shall operate any model aircraft within the city more than four hundred (400) feet above the earth’s surface, unless proof of authorization to do so by the FAA is provided to the city.

E. Excluding takeoff and landing, no person shall operate any model aircraft or civil UAS within the city closer than twenty-five (25) feet to any individual, except the operator or the operator’s helper(s).

F. No person shall operate any model aircraft or civil UAS within the city in a manner that is prohibited by any federal or state statute or regulation governing aeronautics, including but not limited to Public Utilities Code Section 24107 and 14 CFR 91.13.

G. No person shall operate any model aircraft or civil UAS within the city in violation of any temporary flight restriction or notice to airmen issued by the FAA.

H. No person shall operate any model aircraft or civil UAS within the city to capture, 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 (including, but not limited to, inside a private office and inside a hotel room). This provision is intended to supplement, rather than duplicate, the prohibition against trespassing into the air space above the land of another person in order to capture any type of visual image or sound recording of a person engaging in a private, personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to California Civil Code Section 1708.8.

I. Unless authorized by federal law, no person shall knowingly and intentionally operate any model aircraft or civil UAS on the grounds of, or less than three hundred fifty (350) feet above ground level within the airspace overlaying, a public school in the city providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

J. Unless authorized by federal law, no person shall knowingly and intentionally use any model aircraft or civil UAS to capture images of public school grounds in the city providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

K. No person shall operate any model aircraft or civil UAS in a manner that interferes with firefighting, police activity or emergency response activity as detailed in California Penal Code Sections 148.2 and 402.

L. No person shall operate any model aircraft or civil UAS within the airspace overlaying the civic center complex or a city park or the beach during a scheduled special event unless authorized to do so in the special event permit.

M. No person shall operate any model aircraft or civil UAS within the city in a manner designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize, or place in extreme mental or emotional distress any particular person, whether that person is located on public or private property. The conduct described in this subsection includes, but is not limited to, using a model aircraft or civil UAS to follow and film, video-record, live-stream or photograph a person who has not consented to such activity.

9.38.050 – Violations

It shall be unlawful for any person to violate or fail to comply with this chapter. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of Chapter 1.04. Any UAS or model aircraft found to be operated in violation of this chapter may be impounded and held as evidence in any enforcement proceeding brought under this chapter. An impounded UAS or model aircraft will be returned at the conclusion of any enforcement proceeding upon payment to the city of an impound fee as set forth in the city’s master fee resolution.

9.38.060 – Exemptions

The permit requirement set forth in Section 9.38.030 shall not apply to any civil UAS operated pursuant to and in compliance with the terms and conditions of a valid city-issued film permit or special event permit with FAA authorization or any public UAS operated pursuant to, and in compliance with, the terms and conditions of any current and enforceable authorization granted by the FAA.

105.01 Purpose and Intent.

The purpose and intent of this Chapter is to effectively regulate UAS (“Drones”) within the City in order to promote the health, safety, and general welfare of City residents. The City seeks to implement appropriate regulations of Drones pursuant to the City’s police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and address specific areas of local municipal concern where a Drone incident could cause harm and injury. It is not intended to restrict persons operating commercial Drones in compliance with all applicable FAA rules and other applicable laws, or outside of prohibited areas. This Chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA’s enforcement authority.

105.02 Definitions.

For purposes of this Chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

(A) “City Manager’s Designee” means the City Manager, or any agent of the City as designated by the City Manager.

(B) “Emergency Responder” shall mean any person engaged in providing emergency services who is an agent of the City, the County of Riverside, a public agency, a law enforcement agency, the fire department, or a public safety organization.

(C) “FAA” means the Federal Aviation Administration.

(D) “Person” shall mean and include any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group, or combination acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.

(E) “Special Event” shall mean any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the public and intended to attract people. This includes, but is not limited to, sporting events, concerts, festivals, farmer’s markets, and other similar events.

(F) “Unmanned Aircraft System” or “Drone” means an aircraft without a human pilot on board, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within, or on, the aircraft.

(G) “Visual Line of Sight” refers to the ability of a Drone operator to have a direct, unaided, and unobstructed view of the operator’s controlled Drone. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles, or other devices designed to provide a “first-person” view from the Drone, do not constitute Visual Line of Sight.

105.03 Operating Requirements and Restrictions.

No person shall operate any Drone in a manner that is prohibited by any federal, State, or local regulations. The following shall apply to the operation of Drones within the City:

(A) No person shall operate any Drone in the City beyond the Visual Line of Sight of the person operating the Drone.

(B) No person shall operate any Drone other than during daylight hours.

(C) No person shall operate any Drone more than 400 feet above the earth’s surface and no faster than 50 miles per hour unless written proof of authorization to do so by the FAA is provided to the City and verified.

(D) Excluding takeoff and landing, no person shall operate any Drone closer than 25 feet to any individual, except the operator or agents of the operator.

(E) No person shall operate any Drone under the influence of alcohol, marijuana, or any other drug or intoxicating compound.

(F) No person shall operate any Drone in a careless or reckless manner so as to endanger the life, safety, health, or welfare of another person or another person’s property.  The standard for what constitutes careless and reckless operation under this Subsection shall be the same as the standard set forth in any federal statutes or regulations governing aeronautics including, but not limited to, Public Utilities Code section 21407 and Federal Aviation rule 91.13, 14 CFR § 91.13.

(G) No person shall operate any Drone in a manner that violates an individual’s reasonable expectation of privacy, as set forth by all applicable State laws, or record or transmit any visual image, sound recording, or other physical impression 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, including, but not limited to, inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck.

(H) No person shall operate a Drone in a manner that directly interferes with the lawful efforts of any Emergency Responder to respond to or provide emergency services.

(I) No person shall operate any Drone that contains, or has affixed or attached to it, hazardous materials, a weapon, a firearm, a bb device, an explosive, a device, or container assembled for the purpose of causing an explosion, or any other item that may be used as a weapon.

(J) No person shall operate any Drone in a way that interferes with manned aircraft, and the operator shall always yield to any manned aircraft.

(K) No person shall operate any Drone within the City in violation of any temporary flight restriction or “Notice to Airmen” issued by the FAA.

(L) No person shall operate any Drone less than 100 feet above any public street or sidewalk.

(M) No person shall operate any Drone within 500 feet of any other privately-owned Drone.  No person shall operate any Drone within 1,500 feet of any other publicly owned Drone.  Any person operating a Drone shall remain clear of, and not interfere with, any manned aircraft operations.  Any person operating a Drone shall see and avoid other aircraft and obstacles at all times.

(N) No person shall operate any Drone in a manner that interferes with a parade or motorcade.

(O) Any person who causes injury to another person while operating a Drone shall comply with the following:

(1) The operator shall notify the City’s Police Department of the injury within 24 hours of the incident.

(2) The operator shall give the operator’s name and current residential address to the City’s Police Department and shall also present a valid and unexpired form of identification issued by a State government or the United States federal government.

(3) The operator shall render to any person injured during the incident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

(4) Each failure to report injury to another person as required by this Subsection shall constitute a separate violation of this Chapter.

(P) Any person who causes damage to the property of another person while operating a Drone shall comply with the following:

(1) The operator shall immediately locate and notify the owner or person in charge of the damaged property of the name and current residential address of the operator and of the owner of the Drone involved. The operator shall also present a valid and unexpired form of identification issued by a State government or the United States federal government. The operator shall determine the value of the damage and pay restitution to the damaged party. If the value of the damage to the property involved exceeds $1,000, the operator shall notify the City’s Police Department within 24 hours of determining, or being informed of, the value of the damage.

(2) In the event the owner or person in charge of the damaged property cannot reasonably be ascertained or located, the operator shall leave in a conspicuous place on the property damaged a written notice giving the name and current residential address of the operator and of the owner of the Drone involved, as well as a statement of the circumstances of the incident resulting in the property damage. The operator must also provide this information to the City’s Police Department within 24 hours of the incident.

(3) Each failure to report an incident of property damage as required by this Subsection shall constitute a separate violation of this Chapter.

(Q) The City Manager, the Chief of Police, the Fire Chief, or their respective designees may issue “No Fly” proclamations prohibiting Drone operations as necessary to protect public safety. No Fly proclamations shall specify the locations, dates, and times that Drone operations are prohibited and shall be posted on the City’s website, at City Hall, and at the Police Department. Drone operators are required to verify whether a No Fly proclamation is in effect prior to initiating Drone operations. No Fly proclamations may be imposed citywide or limited to certain areas and may be in effect for certain times or for certain dates in their entirety, as necessary to protect public safety. It is a violation to operate a Drone during No Fly hours, or to fail to immediately cease Drone operations after being notified by an agent of a public safety agency that a No Fly restriction is in effect.

(R) This Chapter shall not prohibit the use of Drones that both: (1) are flown in compliance with Section 336 of the FAA Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner’s written consent.

105.04 Protected Sites.

(A) Ports. No person shall operate a Drone within 5 miles of any airport or nautical facility, unless authorized by the chief administrator of the facility in writing.

(B) Government Buildings. No person shall operate a Drone within a 500-foot horizontal distance of any government building, unless authorized by the chief administrator of the building in writing.

(C) City Hall. No person shall operate a Drone within a 500-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

(D) Courts. No person shall operate a Drone within a 500-foot horizontal distance of any courthouse, unless authorized by the supervising judge of the courthouse in writing.

(E) Jails. No person shall operate a Drone within a 500-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

(F) Police Station. No person shall operate a Drone within a 500-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police in writing.

(G) Sheriff Station. No person shall operate a Drone within a 500-foot horizontal distance of any sheriff’s station or structure, unless authorized by the Sheriff in writing.

(H) Fire Station. No person shall operate a Drone within a 500-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief in writing.

(I) Schools. No person shall operate a Drone within a 500-foot horizontal distance of any school or school yard, unless authorized by the principal or superintendent of the school in writing.

(J) Public Utility Facilities. No person shall operate a Drone within the airspace above or within a 500-foot horizontal distance of any public utility facility, including, but not limited to, any water, sewage, or electric generating facility, without the authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose).

(K) Communication and Utility Lines. No person shall operate a Drone within the airspace above, or within a 100-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or data, or upon or along any public way within the City, without the authorization of the owner or chief administrator of the equipment in writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).

(L) Churches. No person shall operate a Drone within the airspace above any open-air assembly area, place of worship, or public building or facility, without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose).

(M) Private Property. No person shall operate a Drone within the airspace above any populated or developed private property, unless authorized by the property owner in writing. This Subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the United States of America, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise violating any law or ordinance.

(N) Special Events. No person shall operate a Drone within a 500-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing.

105.05 Exemptions.

(A) The provisions of this Chapter shall not apply to any Drone that is used or operated on behalf of the City or any law enforcement, public safety, or government agency in compliance with all applicable federal, State, and local laws and policies.

(B) This Chapter shall not apply to any Drones used by the City or any City-contracted agent or agency engaging in City business, including, but not limited to, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events.

105.06 Commercial Operations.

(A) In addition to the other requirements of this Chapter, commercial Drone operators must comply with all applicable FAA, federal, State, and local regulations while operating within the City.

(B) A business license must be obtained from the City before commencing any commercial Drone activities within the City. If commercial Drone activities involve operating in, or passing through, multiple jurisdictions, the commercial Drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.

(C) Commercial Drone operators must submit a report to the City prior to commencing commercial Drone operations. The report must include the intended flight plan, areas of operation, and the purpose of the commercial operations.

105.07 Enforcement.

(A) Any condition created, caused, committed, or maintained in violation of any provision of this Chapter is hereby declared to be unlawful and a public nuisance.

(B) Any party who engages in a violation of this Chapter, or who owns, possesses, manages, controls, or has charge of any Drone in violation of this Chapter, shall be subject to the penalties and remedies provided by this Chapter.

(C) Any violation of this Chapter shall constitute a separate offense for each and every day the violation occurs or persists.

(D) Any person in violation of any provision of this Chapter shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and by imprisonment of up to six months per offense per day.

(E) Any person in violation of any provision of this Chapter shall be punishable by an administrative fine of up to $1,000 per offense per day.

(F) Any intentional injury or property damage caused while operating a Drone shall constitute a crime.

(G) Upon any violation of this Chapter, the City Manager’s Designee, any Emergency Responder, or any other law enforcement officer (collectively “Officer”) shall be authorized to use reasonable force to cause the violating Drone to land on the ground. Neither the City, nor the Officers involved, shall be liable for any damage to a Drone caused by an Officer while enforcing this Chapter.

(H) Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a Drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure unhindered performance of emergency services.

(I) Any Drone found to be operated in violation of this Chapter may be impounded and held as evidence in any enforcement proceeding, including a proceeding brought under this Chapter. Any impounded Drone will be returned at the conclusion of any enforcement proceeding upon payment to the City of an impound fee as set forth by separate resolution.

(J) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to any impounded Drone shall be recoverable from the owner and operator of the Drone. Proof of liability for any forfeiture petition under this Chapter shall be by a preponderance of the evidence.

(K) These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City.

8.52.010 – Purpose

The purpose of this chapter is to provide regulations which will maintain the quality of life to residents, businesses, and visitors, through education and enforcement of UAS operation within the city limits.

8.52.020 – Definitions

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below, unless another or different meaning is clearly intended from the context in which the phrase or words are used.

“Drone” refers to any UAS.

“FAA” means the Federal Aviation Administration.

“Person” means any individual, partnership, corporation, or joint venture, including those set forth in Title 1, Chapter 1.24 of the Los Alamitos Municipal Code.

“Public UAS” means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 of Title 49 of the United States Code to operate a public aircraft.

“Unmanned aircraft system (UAS)” shall mean an aircraft, without a human pilot on board, that is controlled from an operator on the ground, to include, but not be limited to, any communication links and components that control the UA, and operates without the possibility of direct human intervention from within or on the aircraft.

“Visual line of sight” means that the operator has an unobstructed view of the UAS. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. People other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from the UAS do not constitute visual line of sight of the operator.

8.52.030 – Local regulations of UAS

A. No person shall takeoff or land a UAS outside of the person’s visual line of sight.

B. No person shall takeoff or land a UAS within twenty-five (25) feet of another individual, except the operator or the operator’s designee.

C. No person shall takeoff or land a UAS on private property without the consent of the property owner.

D. No person shall takeoff or land a UAS during permitted public events unless granted written or electronic permission by the city.

E. No person shall takeoff or land a UAS within one thousand five hundred (1,500) horizontal feet of any aircraft.

F. No person shall takeoff or land a UAS that has any type of weapon attached to it.

8.52.040 – No reckless endangerment

No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious physical injury to any person or substantial risk of damage to the property of another.

8.52.050 – Time, place, and manner restrictions

A. No person shall takeoff or land a UAS within five hundred (500) feet of any emergency vehicle that is operating with lights and/or sirens.

B. No person shall takeoff or land a UAS within five hundred (500) feet of any active law enforcement or emergency response incident.

C. No person shall takeoff or land a UAS in violation of any temporary flight restriction or notice to airmen issued by the FAA.

D. No person shall takeoff or land a UAS within one hundred (100) feet of a school facility without prior notification and authorization of school officials.

E. No person shall takeoff or land a UAS within five hundred (500) feet of any county or city owned jails, holding facilities, law enforcement facility, or within one hundred (100) feet of any designated publicly owned building chosen by the city.

8.52.060 – Exemptions

A. This chapter shall not apply to any publicly owned UAS.

B. This chapter shall not apply to any UAS weighing less than 0.55 pounds.

8.52.070 – Violations—Penalties.

A. Any violation of the provisions of this chapter shall be a misdemeanor.

B. All violations of the Code of Federal Regulations defined in Title 14 C.F.R. Part 101 and Title 14 C.F.R. Part 107 will be reported to the FAA.

2.20.080 Beach safety zone – Aircraft prohibited.

No person shall land or operate any aircraft, including SUAS such as drones, in the area of the safety zone and play area.

12.20.110 Beach safety zone – Exceptions.

The provisions of this chapter shall not apply to any vehicle, SUAS, other aircraft, or animal operated, driven, or led into said safety zone and play area by an official lifeguard of the city, or by a member of the police or fire department, or by another official of the city, or another person acting under the direction of such official, when such use is in connection with the performance of the official duties of such official. The city manager or designee may grant additional temporary exceptions to the provisions of this chapter.

SEC. 32.1601. Definitions.

(a) For purposes of this Chapter:

(1) “Person” shall have the same meaning as set forth in Section 12.115 of this Code.

(2) “Small Unmanned Aircraft” means an UA weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft.

(3) “Small Unmanned Aircraft System” or “Small UAS” shall mean a SUA and associated elements (including, but not limited to, any communication links and components that control the SUA) that are required for the operation of the SUA.

(4) “Unmanned Aircraft” means an aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.

(5) “Unmanned Aircraft System” or “UAS” shall (A) mean UA and associated elements (including, but not limited to, any communication links and components that control the UA) that are required for the operation of the UA; and (B) shall include SUAS.

(6) “Temporary Flight Restriction” or “TFR” means aircraft flight restrictions issued pursuant to Title 14 of the Code of Federal Regulations section 91.137 (14 CFR 91.137).

SEC. 32.1602. UAS – Temporary Area Restrictions.

(a) No Person shall launch, land, or operate a UAS as follows:

(1) From within an area that is subject to a Temporary Area Restriction issued pursuant to San Diego County Code of Regulatory Ordinances Section 32.1501; or

(2) From within an area that is within three miles from the perimeter of an area that is subject to a Temporary Area Restriction issued pursuant to San Diego County Code of Regulatory Ordinances Section 32.1501; or

(3) When the Sheriff or Sheriff’s designee has reasonably determined that the launching, landing, or operation of the UAS is interfering with, or will interfere with, emergency operations.

(b) Subdivision (a) of this section shall only be enforced after the Sheriff or Sheriff’s designee has advised the Person launching, landing or operating the UAS of the existence of any relevant conditions set forth in subdivision (a) and the Person is given a reasonable opportunity to return the UAS to the Person’s location.

(c) Duly authorized news media representatives may launch, land and operate a UAS within the areas set forth in subdivision (a), paragraphs (1) and (2), unless the Sheriff or Sheriff’s designee has reasonably determined that the launching, landing or operation of the UAS is interfering with, or will interfere with, emergency operations. If the Sheriff or Sheriff’s designee has made such reasonable determination, the Sheriff may restrict the launching, landing, and operation of UAS pursuant to this section to the extent necessary to prevent interference with emergency operations.

SEC. 32.1603. UAS – FIRES.

(a) No person shall launch, land, or operate a UAS as follows:

(1) From within three miles of a fire that is reasonably visible from the location at which the Person is launching, landing, or operating the UAS; or

(2) When the Sheriff or Sheriff’s designee, the Unit and County Fire Chief, or the Unit and County Fire Chief’s designee, has reasonably determined that the launching, landing, or operation of the UAS from the Person’s location is interfering with, or will interfere with, emergency operations.

(3) If a TFR has been requested or implemented with respect to the fire to which this section is being applied, the request for, or implementation of, the TFR is deemed to function as the reasonable determination that operation of a UAS will interfere with emergency operations.

(b) Subdivision (a) shall only be enforced after the Sheriff or Sheriff’s designee, the Unit and County Fire Chief, or the Unit and County Fire Chief’s designee, has advised the Person launching, landing or operating the UAS of the existence of any relevant conditions set forth in subdivision (a) and the Person is given a reasonable opportunity to return the UAS to the Person’s location.

(c) Duly authorized news media representatives may launch, land and operate a UAS within the area set forth in subdivision (a), paragraph (1), unless the Sheriff or Sheriff’s designee, the Unit and County Fire Chief, or the Unit and County Fire Chief’s designee, has reasonably determined that the launching, landing or operation of the UAS is interfering with, or will interfere with, emergency operations. If the Sheriff or Sheriff’s designee, the Unit and County Fire Chief, or the Unit and County Fire Chief’s designee, has made such reasonable determination, the Sheriff or Sheriff’s designee, the Unit and County Fire Chief, or the Unit and County Fire Chief’s designee, may restrict the launching, landing, and operation of UAS pursuant to this section to the extent necessary to prevent interference with emergency operations.

SEC. 32.1604. Penalties; Severability.

(a) It shall be unlawful for any Person to violate or fail to comply with this Chapter.

(b) Any Person violating the provisions of this Chapter shall be guilty of a misdemeanor pursuant to section 11.116 of this Code.

(c) Nothing in this Chapter is intended to relieve any Person of criminal liability pursuant to any other law.

(d) If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this section.

Section B13-125 – Definitions

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this section:

(a) Emergency means a condition or situation that has caused injury to persons or damage to property, or endangers persons or property, and results from a fire; explosion; aircraft, rail, or vehicle accident; flooding; storms; earthquake; toxic chemical or biological spill or accidental release; act of terrorism; utility failure; or similar natural or human-caused event.

(b) Public Unmanned Aircraft means an UA or UAS that is operated by a public agency or its authorized officers, employees, contractors, or agents for a governmental purpose, including fire suppression, Emergency response, law enforcement and custody operations, surveying and mapping property, inspecting infrastructure, monitoring traffic, and recording local events.

(c) UA means an aircraft that can fly autonomously or be piloted remotely and is operated without the possibility of direct human intervention from within or on the aircraft. “Unmanned Aircraft” includes an aircraft commonly known as a drone.

(d) UAS means an Unmanned Aircraft and associated support equipment, including any communication and data links, navigation equipment, and other components that control the UA.

Section B13-126 – Unlawful operation of unmanned aircraft in law enforcement, firefighting, or emergency service operations.

(a) It is unlawful for a person to operate an UAS in a manner that interferes with firefighting, emergency services, law enforcement, or a military operation in response to an Emergency.

(b) A violation of this Section is not a misdemeanor. Any person in violation of this Section may be subject to civil and administrative fines and penalties. Any violation of this Chapter is declared a public nuisance.

(c) Any person who experiences loss or injury as a direct result of an UAS’s interference with firefighting, emergency services, law enforcement, or a military operation in response to an Emergency shall have a private right of action in any court of competent jurisdiction against any person who caused the interference in violation of this Section and shall be entitled to recover damages, costs including reasonable attorney fees, and other relief as determined by the court.

(d) Public UA are exempt from the provisions of this Section.

11.01.01 Regulation of Model Aircraft and Drones

This policy is necessary to preserve Authority Land in its natural state, protect wildlife and natural resources, provide peace, tranquility and enjoyment for visitors to Authority Land, reduce the risk of fire, prevent conflicts in uses of Authority Land, and foster public safety.

11.01.02 Prohibited Conduct

(A) Launching, landing, or operating UAS from or on Authority Land is prohibited unless a Permit is granted by the Authority.

(B) Operating UAS within Authority Airspace is prohibited unless a Permit is granted by the Authority.

(C) Using UAS to intentionally or unintentionally touch, tease, frighten, disturb, harass, chase, harm, capture, kill, or maim birds and wildlife is strictly prohibited and is a violation of the Authority’s Access and Use Regulations, as well as California and federal law. See, for example, Authority’s Access and Use Regulations § 5.01.04; Bald Eagle Protection Act (16 U.S.C. § 668); Migratory Bird Treaty Act (16 U.S.C. Act § 703); California Endangered Species Act (Fish and Game Code §2080); 14 Cal. Code Regs. § 251.1.

(D) Harassing, following or intimidating another member of the public.

11.01.03 Exceptions

UAS for search and rescue operations, fire protection, and law enforcement by any federal, state or local agency are not prohibited by this policy or subject to Permit requirements. If any provision of this policy is preempted by federal or California law, federal or California law will supersede the provision of this policy that is preempted. Nothing in this Policy will be construed as modifying any requirement imposed by the FAA on the use or operation of UAS in the National Airspace System.

11.01.04 Permits to Land, Launch or Operate UAS

Any person may apply to the Authority for a Permit to launch, land, or operate UAS on Authority Land, or to operate within Authority Airspace. The granting of the application will be at the discretion of the Authority. The application will be evaluated based on a number of factors including, but not limited to, whether the requested use and purpose of the application:

(A) is compatible with the Authority’s use of Authority Land;

(B) is for scientific research or fosters knowledge about the resources on Authority Land;

(C) will result in unacceptable impacts to resources and values, or cause injury or damage to resources;

(D) is contrary to the purpose for which the preserve was established or unacceptably impact the atmosphere of peace and tranquility maintained for the public;

(E) interferes with the Authority’s interpretive, visitor services, management. or other program or administrative activities;

(F) presents any danger to public health and safety; or

(G) results in significant conflict with other uses.

All Permits will include the following conditions:

(A) operators shall report immediately all accidents involving injury (even if minor first aid) and any resource or property damage;

(B) UAS shall be within visual sight of the operator at all times during flight of the UAS;

(C) operators shall have sufficient liability insurance or proof of membership in an organization, such as the Academy of Model Aeronautics (AMA), which includes insurance coverage with membership.

(D) inexperienced UAS operators must be accompanied and assisted by an experienced operator;

(E) the duration of the permit, hours of operation, and the specific area of launch, landing and operation shall be specified.

(F) UAS shall not disturb or harass wildlife or violate Section 11.01.02(C) of the Access and Use Regulations;

(G) UAS shall not interfere with search and rescue, law enforcement, or other emergency operations;

(H) Operators shall not fly UAS in a reckless manner or outside of the designated area(s);

(I) UAS shall not be operated while the operator is under the influence of alcohol or drugs;

(J) UAS shall not be flown directly over people, vessels, vehicles or structures, or endanger the life and property of others;

(K) UAS shall be registered or licensed if required by federal or California law.

The Authority may, in its discretion, impose additional conditions on any approved application, and for any reason revoke a permit.

8.52.010 – Purpose and findings

This chapter is intended to promote public health, safety, and welfare of the public and public safety personnel through appropriate regulations pursuant to the city’s police powers and its authority to issue regulations related to zoning, land use, privacy, trespass, and law enforcement operations. All regulations herein are intended to protect the health, safety, and welfare of the public and specific areas of local municipal concern where a drone incident would cause greater harm and risk of injury. It is not intended to restrict persons operating unmanned aircraft systems in compliance with all applicable FAA rules and any applicable laws, and outside of prohibited areas. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety and privacy while recognizing the limitations in the FAA’s enforcement capabilities.

8.52.020 – Definitions

For the purposes of this chapter, the following words and phrases shall have the meaning set forth, unless another or different meaning is clearly intended from the context in which the phrase or words are used.

A. “Drone” means any UAS.

B. “Emergency response” means any effort by first responders to save lives, reduce property damage, and/or reduce human suffering. Examples include, but are not limited to, fire-fighting activities, search and rescue activities, police and law enforcement activities, restoration of public utilities, and similar efforts.

C. “FAA” means the US Federal Aviation Administration.

D. “Special event” means any event held in a public park or open-air facility, private property, or commercial/industrial facility that is open to the public and intended to attract people. This includes, but it not limited to, sporting events, concerts, festivals, farmer’s markets, and other similar events.

E. “Unmanned aircraft system” or “UAS” means an aircraft without a human pilot onboard, that is controlled from an operator on the ground, and operates without the possibility of direct human intervention from within or on the aircraft.

F. “Visual line of sight” means that the operator or a visual observer in direct contact with the operator has an unobstructed view of the UAS. The operator or a visual observer in direct contact with the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the UAS. The use of vision-enhancing devices, such as binoculars, night-vision goggles, powered vision magnifying devices, and goggles or other devices designed to provide a “first-person view” from or of the UAS do not constitute visual line of sight of the operator or a visual observer.

8.52.030 – Local regulations of UAS

A. No person shall takeoff or land a UAS under the following circumstances:

1. Outside of the person’s visual line of sight.

2. Within 25 feet of another individual, except the operator or the operator’s designee.

3. On private property without the consent of the property owner.

4. Within 500 feet of any special event or any emergency response without the approval of a temporary use permit by the Community Development Director.

5. That has any type of weapon attached to it.

6. In violation of any TFR or NOTAM issued by the FAA.

B. No person shall takeoff or land a UAS in a reckless manner so as to create a substantial risk of serious injury to any person or substantial risk of damage to the property of another.

8.52.040 – Exemptions

This chapter shall not prohibit the use of UAS by any public safety agency for lawful purposes and in a lawful manner.