IL – Illinois

Flag courtesy of Wikipedia

The Museum of Science and Industry in Chicago

Photo courtesy of Wikipedia

Illinois government website just for reference.

The ILDOT has a ILDOT UAS Page.

Illinois Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on June 12, 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.

 

 

 

Crewed Aircraft in your Airspace

CREWED AIRCRAFT

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

520 Illinois Compiled Statute 5/2/33

520 ILCS 5/2/33

Prohibitions.

(i) It is unlawful to take, pursue, or intentionally harass or disturb in any manner any wild birds or mammals by use or air of any vehicle, conveyance, or UA as defined by the Illinois Aeronautics Act, except as permitted by CFR for the taking of waterfowl; except that nothing in this subsection shall prohibit the use of UA in the inspection of a public utility facility, tower, or structure, or a mobile service facility, tower, or structure by a public utility, as defined in Section 3-105 of the Public Utilities Act, or a provider of mobile services as defined in Section 153 of Title 47 of the USC. …

620 Illinois Compiled Statute 5/42.1

620 ILCS 5/42.1

Regulation of UAS.
(a) As used in this Section:
“Unmanned aircraft” means a device used or intended to be used for flight in the air that is operated without the possibility of direct human intervention within or on the device.
“Unmanned aircraft system” means an UA and its associated elements, including communication links and the components that control the UA, that are required for the safe and efficient operation of the UA in the NAS.

State Preemption

(b) To the extent that State-level oversight does not conflict with federal laws, rules, or regulations, the regulation of an UAS is an exclusive power and function of the State. No unit of local government, including home rule unit, may enact an ordinance or resolution to regulate UAS. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. This Section does not apply to any local ordinance enacted by a municipality of more than 1,000,000 inhabitants.

 

(c) Nothing in this Section shall infringe or impede any current right or remedy available under existing State law.
(d) The Department may adopt any rules that it finds appropriate to address the safe and legal operation of UAS in this State, so that those engaged in the operation of UAS may so engage with the least possible restriction, consistent with their safety and with the safety and the rights of others, and in compliance with federal rules and regulations.

720 Illinois Compiled Statute 5/48-3

720 ILCS 5/48-3

Sec. 48-3. Hunter or fisherman interference.


b) A person commits hunter or fisherman interference when he or she intentionally or knowingly:

(10) uses a drone in a way that interferes with another person’s lawful taking of wildlife or aquatic life. For the purposes of this paragraph (10), “drone” means any aerial vehicle that does not carry a human operator.

725 Illinois Compiled Statute 167

725 ILCS 167

Criminal Procedure

Freedom from Drone Surveillance Act.

Section 1. Short Title. This Act may be cited as the Freedom from Drone Surveillance Act.

Section 5. Definitions. As used in this Act:

“Authority” means the Illinois Criminal Justice Information Authority.

“Drone” means any aerial vehicle that does not carry a human operator.

“Information” means any evidence, images, sounds, data, or other information gathered by a drone.

“Law enforcement agency” means any agency of this State or a political subdivision of this State which is vested by law with the duty to maintain public order and to enforce criminal laws.

Section 10. Prohibited use of drones. Except as provided in Section 15, a law enforcement agency may not use a drone to gather information.

Section 15. Exceptions. This Act does not prohibit the use of a drone by a law enforcement agency:

(1) To counter a high risk of a terrorist attack by a specific individual or organization if the US Secretary of Homeland Security determines that credible intelligence indicates that there is that risk

(2) If a law enforcement agency first obtains a search warrant based on probable cause issued under Section 108-3 of the Code of Criminal Procedure of 1963.The warrant must be limited to a period of 45 days, renewable by the judge upon a showing of good cause for subsequent periods of 45 days.

(3) If a law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent harm to life, or to forestall the imminent escape of a suspect or the destruction of evidence. The use of a drone under this paragraph (3) is limited to a period of 48 hours. Within 24 hours of the initiation of the use of a drone under this paragraph (3), the chief executive officer of the law enforcement agency must report in writing the use of a drone to the local State’s Attorney.

(4) If a law enforcement agency is attempting to locate a missing person and is not also undertaking a criminal investigation.

(5) If a law enforcement agency is using a drone solely for crime scene and traffic crash scene photography. Crime scene and traffic crash photography must be conducted in a geographically confined and time-limited manner to document specific occurrences. The use of a drone under this paragraph (5) on private property requires either a search warrant based on probable cause under Section 108-3 of the Code of Criminal Procedure of 1963 or lawful consent to search. The use of a drone under this paragraph (5) on lands, highways, roadways, or areas belonging to this State or political subdivisions of this State does not require a search warrant or consent to search. Any law enforcement agency operating a drone under this paragraph (5) shall make every reasonable attempt to only photograph the crime scene or traffic crash scene and avoid other areas.

(6) If a law enforcement agency is using a drone during a disaster or public health emergency, as defined by Section 4 of the Illinois Emergency Management Agency Act. The use of a drone under this paragraph (6) does not require an official declaration of a disaster or public health emergency prior to use. A law enforcement agency may use a drone under this paragraph (6) to obtain information necessary for the determination of whether or not a disaster or public health emergency should be declared, to monitor weather or emergency conditions, to survey damage, or to otherwise coordinate response and recovery efforts. The use of a drone under this paragraph (6) is permissible during the disaster or public health emergency and during subsequent response and recovery efforts.

Section 20. Information retention. If a law enforcement agency uses a drone under Section 15 of this Act, the agency within 30 days shall destroy all information gathered by the drone, except that a supervisor at that agency may retain particular information if:

(1) There is reasonable suspicion that the information contains evidence of criminal activity, or

(2) The information is relevant to an ongoing investigation or pending criminal trial.

Section 25. Information disclosure. If a law enforcement agency uses a drone under Section 15 of this Act, the agency shall not disclose any information gathered by the drone, except that a supervisor of that agency may disclose particular information to another government agency, if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.
Section 30. Admissibility. If a court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in Sections 10 and 15 of this Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. The State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the US Constitution or Article I, Section 6 of the Illinois Constitution to the information. Nothing in this Act shall be deemed to prevent a court from independently reviewing the admissibility of the information for compliance with the aforementioned provisions of the US and Illinois Constitutions.

Section 35. Reporting.

(a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the authority the number of drones that it owns.

(b) On July 1 of each year, the Authority shall publish on its publicly available website a concise report that lists every law enforcement agency that owns a drone, and for each of those agencies, the number of drones that it owns.

Section 40. Law enforcement use of private drones.

(a) Except as provided in Section 15, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. In the event that law enforcement acquired information from or directs the acquisition of information through the use of a privately owned drone under Section 15 of this Act, any information so acquired is subject to Sections 20 and 25 of this Act.

Nothing in this Act prohibits private third parties from voluntarily submitting. Information acquired by a privately owned drone to law enforcement. In the event that law enforcement acquires information from the voluntary submission of that information, whether under a request or on a private drone operator’s initiative, the information is subject to Sections 20 and 25 of this Act.

Bloomingdale Code 6-5

Bloomingdale Code 6-5

6-5-15: DRONES/SMALL UNMANNED AIRCRAFT:

A. Definitions: As used in this section:

AIRCRAFT: Any contrivance invented, used or designed to navigate or fly in the air.

DRONE: See definition of small unmanned aircraft.

HOBBY OR RECREATIONAL PURPOSES: A pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire.

OPEN AIR ASSEMBLY UNIT: Any structure, enclosed area or other demarcated space used for the assembly of persons in the open air, including, but not limited to, amusement parks, stadiums, athletic fields, automotive speed ways, aviation fields, band stands, beach enclosures, grandstands, observation platforms, outdoor public swimming pools, outdoor theaters, race tracks, reviewing stands, street festivals or parade routes.

OPERATE: To pilot, steer, direct, fly or manage a small unmanned aircraft through the air 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 small unmanned aircraft.

PUBLIC AIRCRAFT: The meaning ascribed to the term in section 40102 of title 49 of the United States Code.

SMALL UNMANNED AIRCRAFT: An aircraft that: 1) is operated without the possibility of direct human intervention from within or on the aircraft, and 2) weighs less than fifty five (55) pounds at the time of the operation, including the weight of any payload or field. The term “small unmanned aircraft” does not include “toy aircraft” or “public aircraft” as defined herein.

SURVEILLANCE: The gathering, without permission and in a manner that is offensive to a reasonable person, of visual images, physical impressions, sound recordings, data or other information involving the private, personal, business or familial activities of another person, business or entity, or that otherwise intrudes upon the privacy, solitude or seclusion of another person, business or entity, regardless of whether a physical trespass onto real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, or into the airspace above real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, occurs in connection with such surveillance.

TOY AIRCRAFT:

1. A glider or hand-tossed small unmanned aircraft that is not designed for and is incapable of sustained flight; or

2. A small unmanned aircraft that is capable of sustained flight and is controlled by means of a physical attachment, such as a string or wire.

VILLAGE AIRSPACE: The airspace above the land, water and waterways within the jurisdiction of the Village.

WEAPON: Any instrument, article or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

B. Operating Regulations: Except as otherwise provided in subsection C of this section, operation of the small unmanned aircraft shall only occur in public areas where designated and no person shall operate any small unmanned aircraft in Village airspace:

1. Except for hobby or recreational purposes only and in conformity with this section;

2. Directly over any person who is not involved in the operation of the small unmanned aircraft, without such person’s consent;

3. Over property that the operator does not own, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation;

4. At an altitude higher than four hundred feet (400′) above ground level;

5. Outside the visual line of sight of the operator. The operator shall use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to maintain at all times an unobstructed view of the small unmanned aircraft, without the use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles designed to provide a “first person view” from the model or similar devices;

6. Within five (5) miles of any airport;

7. In a manner that interferes with, or fails to give way to, any manned aircraft;

8. Between eight o’clock (8:00) P.M. and eight o’clock (8:00) A.M.;

9. Over private property or residential areas;

10. Whenever weather conditions impair the operator’s ability to operate the small unmanned aircraft safely;

11. Over any open air assembly unit, school, school yard, hospital, place of worship, prison, police station, or fire station without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation;

12. Within five hundred feet (500′) of any water intake facility or any electric generating facility, substation or control center, or within one hundred feet (100′) of any electric transmission facility, or within twenty five feet (25′) of any electric distribution facility or of any overhead wire, cable, conveyor or similar equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way within the Village, without the facility or equipment owner’s consent, and subject to any restrictions that the facility or equipment owner may place on such operation;

13. For the purpose of conducting surveillance, unless expressly permitted by law;

14. While under the influence of alcohol, or other drug or drugs, intoxicating compound or compounds or any combination thereof, as those terms are defined in 625 Illinois Compiled Statutes 5/11-501, as amended;

15. That is equipped with a firearm or other weapon;

16. With intent to use such small unmanned aircraft or anything attached to it to cause harm to persons or property;

17. In a reckless or careless manner; or

18. In violation of any Federal or State law.

C. Construction Of Section:

1. 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 who is authorized by the Federal Aviation Administration to operate a small unmanned aircraft in Village airspace, 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 United States Code or other Federal Aviation Administration grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration.

2. Operations Prohibited By The FAA – Clarification: Nothing in this section shall be construed to authorize the operation of any small unmanned aircraft in Village airspace in violation of any Federal Statute or rules promulgated thereunder, including, but not limited to, any temporary flight restrictions or notices to airmen issued by the Federal Aviation Administration.

3. Operations Authorized By The State Of Illinois – Exception: Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency in accordance with section 15 of the Freedom From Drone Surveillance Act, codified at 725 Illinois Compiled Statutes 167/1 et seq., or its successor provision.

D. Violation – Penalty: Any person who violates this section or any rule promulgated thereunder may be fined up to five hundred dollars ($500.00). Each day that a violation continues shall constitute a separate and distinct offense.

E. Seizure For Unlawful Use: If the Mayor, Chief of Police, or their duly authorized enforcement officers or designees have a reasonable basis to believe that any small unmanned aircraft is or has been operating in violation of this section, said small unmanned aircraft may be seized by such duly authorized enforcement official, followed by an opportunity for an administrative hearing, with notice to the owner within seven (7) calendar days of such seizure, for the purpose of reviewing the appropriateness of the seizure, and shall be held by the Village until such time that the owner of such small unmanned aircraft reimburses the Village for the actual cartage costs incurred in connection with the seizure and pays to the Village twenty dollars ($20.00) for each day, or part of a day, that the small unmanned aircraft is in storage. If criminal charges involving the use, condition or operation of the small unmanned aircraft are pending, the small unmanned aircraft shall be held until disposition of the criminal charges. If it is determined at an administrative hearing, by a preponderance of evidence, that the seized small unmanned aircraft was not operated in violation of this section, such small unmanned aircraft shall be returned to its owner without charge.

Carbondale Code 13-1

Carbondale Code 13-1

13-1-3: NUISANCES AFFECTING HEALTH, PEACE AND SAFETY, OR PROPERTY:

No person shall do any act, omission, or create any condition which causes a detrimental effect or harm to the health, peace, and safety of the public or property of others. Any act of any person or group within the City whereby the health, peace and safety, or property of any person may be endangered, injured, or impaired, or any disease may, directly or indirectly, be caused by the act, or because of the act any property may be endangered, injured, or damaged, is hereby declared to be a nuisance and unlawful and may be abated or enjoined as hereinafter provided. The following are hereby declared to be nuisances affecting:

A. Health: Any act, omission, condition, or occurrence which has a detrimental affect on public health, or which causes or tends to cause harm to the overall health of the community, as contained in titles 3, “Animals”, 10, “Solid Waste Collection And Storage”, 11, “Health And Safety”, 16, “Water And Sewer System; Lake And Reservoir Regulations”, and 17, “Streets, Sidewalks And Other Public Property” of this Code as it may be amended from time to time.

B. Peace And Safety: Any act, omission, condition, or occurrence, which has a detrimental affect on public peace and safety, or which causes or tends to cause harm to the overall peace and safety of the community, as contained in titles 2, “Alcoholic Liquor”, 4, “Building, Plumbing, Electrical And Housing Regulations”, 8, “Fire Prevention And Regulations”, 14, “Offenses And Penalties”, and 17, “Streets, Sidewalks And Other Public Property” of this Code, as it may be amended from time to time.

C.  Property: Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located is declared to be a nuisance. This includes, but is not limited to, failure to maintain the exterior of buildings and premises as described in title 4, “Building, Plumbing, Electrical And Housing Regulations”, of this Code and the keeping or the depositing on, or the scattering over the premises of litter, as described in title 10, “Solid Waste Collection And Storage”, of this Code, as it may be amended from time to time. No person owning, leasing, occupying, in control of, or having charge of any premises shall maintain or keep any nuisance thereon.

D. Use Of Drones Within Five Miles Of The Southern Illinois Airport: The County encourages the safe and responsible use of unmanned aircraft and unmanned aircraft systems. This subsection is designed to empower innovation while protecting and promoting the health, safety, and welfare of its citizens.

1. Definitions: For the purposes of this subsection, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

AIRSPACE RADIUS: Shall refer to the unincorporated areas of the County encompassed with the FAA established five (5) mile “Class D” airspace.

UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS: Shall mean an aircraft operated without the possibility of direct human intervention from within or on the aircraft. This definition includes devices commonly referred to as drones, remote controlled aircraft, and model aircraft.

2. Notice Of Intended Operation:

a. To ensure operations are accountable, no unmanned aircraft or unmanned aircraft systems weighing more than two hundred fifty grams (250 g) shall take-off from, land upon, or be operated from any land within the boundaries of the airspace radius of the Southern Illinois Airport without the operator first notifying the Southern Illinois Airport of the intended operation of the device or system. The airport may require additional information from the operator at the time of notification to the airport. Such notification shall, at a minimum, contain the following information:

(1) The name, address, and telephone number of the person or corporation filing the notice and the telephone number at which the operator can be contacted during the operation;

(2) The take-off and landing location of the operation;

(3) The expected start and end time of the operation (if the operator intends to take-off and land multiple times in the same location, one notice for multiple operations may suffice, so long as the duration of the combined operations does not exceed 4 hours, after which a new notice must be filed);

(4) The purpose of the operation;

(5) A statement affirming that the operator has consulted relevant Federal, State and local laws and rules and intends to abide by them;

(6) Such other information as the airport shall deem reasonably necessary to inform it whether the takeoff, landing, or operation will endanger the health, safety, or welfare of persons located within the airspace radius, and if such use is inconsistent with this subsection or any other law.

b. Once notice has been given, the operation may commence without any need for action or approval by the airport, so long as such operation is consistent with this subsection and all other laws and rules that govern such operation.

3. No Reckless Operation: No person or entity may operate an unmanned aircraft or unmanned aircraft system in a reckless manner that may create the following:

a. A substantial risk of serious physical injury to another; or

b. A substantial risk of damage to the property of another; or

c. In violation of any other Federal, State or local law.

4. Investigation Of Violations And Penalties: A person or entity that operates an unmanned aircraft or unmanned aircraft system without first filing notice with the airport in accordance with this subsection or for violating any other provision of this subsection, may be:

a. Punished by a fine, not to exceed seven hundred fifty dollars ($750.00); and

b. Subject to injunctive relief.

The Carbondale Police Department and the Southern Illinois Airport Authority shall have the authority to investigate any alleged violations of this subsection.

5. Exception Regarding Public Use: This subsection does not apply to an unmanned aircraft or unmanned aircraft system that is operated by, or on behalf of, the County, or by any other public agency for government related purposes in compliance with all Federal laws and regulations and operated in compliance with applicable policies.

Chicago Film Office

Chicago Film Office – Permits for filming

Drone Photography

 

Chicago Municipal Code 10-36-400

Chicago Municipal Code 10-36-400

Article IV. Small Unmanned Aircraft

(a) Definitions. As used in this section:

“Aircraft” means any contrivance invented, used or designed to navigate or fly in the air.

“City airspace” means the airspace above the land, water and waterways within the jurisdiction of the city.

“Firearm” has the meaning ascribed to the term in Section 8-20-010.

“Hobby or recreational purposes” means a pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire.

“Open air assembly unit” means any structure, enclosed area or other demarcated space used for the assembly of persons in the open air, including, but not limited to, amusement parks, stadiums, athletic fields, automotive speedways, aviation fields, bandstands, beach enclosures, grandstands, observation platforms, outdoor public swimming pools, outdoor theaters, race tracks, reviewing stands, street festivals or parade routes.

“Operate” means to pilot, steer, direct, fly or manage a SUA through the air 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 SUA.

“Public aircraft” has the meaning ascribed to the term in Section 40102 of Title 49 of the USC.

“Small unmanned aircraft” means an aircraft that (1) is operated without the possibility of direct human intervention from within or on the aircraft, and (2) weighs less than 55 pounds at the time of the operation, including the weight of any payload or fuel. The term “small unmanned aircraft” does not include “toy aircraft” or “public aircraft” as defined herein.

“Surveillance” means the gathering, without permission and in a manner that is offensive to a reasonable person, of visual images, physical impressions, sound recordings, data or other information involving the private, personal, business or familial activities of another person, business or entity, or that otherwise intrudes upon the privacy, solitude or seclusion of another person, business or entity, regardless of whether a physical trespass onto real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, or into the airspace above real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, occurs in connection with such surveillance.

“Toy aircraft” means

(1) a glider or hand-tossed SUA that is not designed for and is incapable of sustained flight; or

(2) a SUA that is capable of sustained flight and is controlled by means of a physical attachment, such as a string or wire.

“Weapon” means any instrument, article, or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

(b) Operating regulations. Except as otherwise provided in subsection (c) of this section, no person shall operate any SUA in city airspace:

(1) except for hobby or recreational purposes only and in conformity with this section;

(2) directly over any person who is not involved in the operation of the SUA, without such person’s consent;

(3) over property that the operator does not own, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation;

(4) at an altitude higher than 400 feet above ground level;

(5) outside the visual line of sight of the operator. The operator shall use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to maintain at all times an unobstructed view of the SUA, without the use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, goggles designed to provide a “first person view” from the model or similar devices;

(6) within five miles of any airport;

(7) in a manner that interferes with, or fails to give way to, any manned aircraft;

(8) between dusk and dawn;

(9) whenever weather conditions impair the operator’s ability to operate the SUA safely;

(10) over any open air assembly unit, school, school yard, hospital, place of worship, prison or police station, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation;

(11) within 500 feet of any water intake facility or any electric generating facility, substation or control center, or within 100 feet of any electric transmission facility, or within 25 feet of any electric distribution facility or of any overhead wire, cable, conveyor or similar equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way 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;

(12) for the purpose of conducting surveillance, unless expressly permitted by law;

(13) while under the influence of alcohol, or other drug or drugs, intoxicating compound or compounds or any combination thereof, as those terms are defined in 625 ILCS 5/11-501, as amended;

(14) that is equipped with a firearm or other weapon;

(15)   with intent to use such SUA or anything attached to it to cause harm to persons or property;

(16) in a reckless or careless manner; or

(17) in violation of any Federal or State law.

(c) Construction of section.

(1) Operations authorized by the FAA – Exception. Nothing in this section shall be construed to prohibit any person who is authorized by the FAA to operate a SUA 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 a license issued pursuant to 14 CFR 107, or any similar authorization, from conducting such operations. Such operations shall be conducted in accordance with the requirements of the license or other authorization granted by the FAA and in accordance with applicable municipal requirements.

(2) Operations prohibited by the FAA – Clarification. Nothing in this section shall be construed to authorize the operation of any SUA in city airspace in violation of any Federal statute or rules promulgated thereunder, including, but not limited to, any TFRs or NOTAMs issued by the FAA.

(3) Operations authorized by the State of Illinois – Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency in accordance with Section 15 of the Freedom from Drone Surveillance Act, codified at 725 ILCS 167/1, et seq., or its successor provision.

(d) Violation – Penalty. Any person who violates this section or any rule promulgated thereunder shall be fined not less than $500.00 nor more than $5,000.00 for each offense, or may be incarcerated for a term not to exceed 180 days, or both. Each day that a violation continues shall constitute a separate and distinct offense.

(e) Seizure for unlawful use. If the mayor, superintendent of police, commissioner of aviation, fire commissioner or their duly authorized enforcement officers or designees have a reasonable basis to believe that any small unmanned aircraft is or has been operating in violation of this section, said smSUA may be seized by such duly authorized enforcement official, followed by an opportunity for an administrative hearing, with notice to the owner within seven calendar days of such seizure, for the purpose of reviewing the appropriateness of the seizure, and shall be held by the city until such time that the owner of such SUA reimburses the city for the actual cartage costs incurred in connection with the seizure and pays to the city $20.00 for each day, or part of a day, that the small unmanned aircraft is in storage. If criminal charges involving the use, condition or operation of the SUA are pending, the SUA shall be held until disposition of the criminal charges. If it is determined at an administrative hearing, by a preponderance of evidence, that the seized SUA was not operated in violation of this section, such SUA shall be returned to its owner without charge.

(f) Rules. The commissioner of aviation, in consultation with the corporation counsel, is authorized to promulgate rules necessary or appropriate to implement this section. Such rules shall be posted by the commissioner on the City of Chicago’s rule web portal.

City of Evanston Municipal Code 9-5-15

City of Evanston Municipal Code 9-5-15

Model Airplanes

The operation or flying of toy or model airplanes when driven by motor or any other type of jet or power propulsion is hereby determined and declared to be a nuisance. No person shall use, operate, or fly any toy or model airplane driven by motor, jet or other form of power propulsion within the City. No person shall permit any lot or tract of land within the territorial limits of the City to be used for the purpose of operating or flying any toy or model airplane driven by motor, jet or other power propulsion. Any person violating any of the provisions of this Section shall be punished as provided in Section 1-4-1 of this Code. Any person violating this Section shall be guilty of a violation of this Code and fined one hundred dollars ($100.00) for each offense.

Crystal Lake Park District 11.27

Crystal Lake Park District 11.27

Flying Devices

$75/$100

A. Except when and where permitted by special Park District programs or in designated areas, it shall be unlawful on any Park District area for any person to:

1. Launch any type of winged aircraft, real, or model;

2. Launch any type of manned balloon, or balloon designed to carry passengers, including animals.

3. Launch any type of rocket, including those propelled by air;

4. Launch any type of helicopter.

B. Except when and where permitted by special Park District programs, or in an emergency, it shall be unlawful on any Park District area for any person to:

1. Land or recover any type of flying device, manned or otherwise;

2. Land any hot air balloon;

3. Land by parachute or other device.

C. Law enforcement and Rescue personnel, in the course of their duties, are exempt from this section.

Flora Code 7-11

Flora Code 7-11

7-11-1: DEFINITIONS:

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRCRAFT – Any contrivance invented, used, or designated to navigate or fly in the air.

AIRSPACE – The airspace above the land, water, and waterways within the jurisdiction of the City of Flora, Illinois.

FIREARM – Has the meaning ascribed as used in the Ordinances of the City of Flora and Statutes of the State of Illinois.

HOBBY or RECREATIONAL PURPOSES – A pursuit engaged in for relaxation, and not for business purposes and not for compensation or hire.

OPEN AIR ASSEMBLY UNIT – Means any structure, enclosed areas or other demarcated space used for the assembly of persons in the open air, including, but not limited to, amusement parks, stadiums, athletic fields, aviation fields, band stands, grandstands, observation platforms, outdoor public or private swimming pools, outdoor theaters, street festivals or parade routes.

OPERATE – To pilot, steer, direct, fly or manage a small unmanned aircraft through the air 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 SUA.

PUBLIC AIRCRAFT – Has the meaning ascribed to the term in Section 40102 of Title 49 of the United States Code.

SMALL UNMANNED AIRCRAFT – An aircraft that (1) is operated without the possibility of direct human intervention from within or on the aircraft, and (2) weighs less than 55 pounds at the time of the operation, including the weight of any payload or fuel. The term “small unmanned aircraft does not include “toy aircraft” or “public aircraft” as defined herein.

SURVEILLANCE – The gathering, without permission and in a manner that is offensive to a reasonable person, of visual images, physical impressions, sound recordings, data or other information involving the private, personal business or familial activities of another person, business or entity, or that otherwise intrudes upon the privacy, solitude or seclusion of another person, business or entity, regardless of whether a physical trespass onto real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, or into the airspace above real property owned, leased or otherwise lawfully occupied by such other person, business or other entity, occurs in connection with such surveillance.

TOY AIRCRAFT – (1) A glider or hand-tossed SUA that is not designed for and is incapable of sustained flight; or (2) a SUA that is capable of sustained flight and is controlled by means of a physical attachment, such as a string or wire.

WEAPON – Any instrument, article, or substance that, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

7-11-2: OPERATING REGULATIONS:

No person shall operate any SUA in airspace:

(A) Except for hobby or recreational purposes only and in conformity with this section;

(B) Directly over any person who is not involved in the operation of the SUA, without such person’s consent;

(C) Over property that the operator does not own, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operations;

(D) At an altitude higher than 400 feet above ground level;

(E) Outside the visual line of sight of the operator. The operator shall use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to maintain at all times an unobstructed view of the SUA, without the use of vision-enhancing devises, such as binoculars, night vision goggles, powers vision magnifying devises, goggles designated to provide a “first person view” from the model or similar devices;

(F) Within the air space of the Flora Airport;

(G) In a manner that interferes with, or fails to give way to, any manned aircraft;

(H) Between dusk and dawn;

(I) Whenever weather conditions impair the operator’s ability to operate the SUA safely;

(J) Over any open air assembly unit, school, school yard, public or private park, hospital, place of worship, prison or police station, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation;

(K) Within 500 feet of any water intake facility or any electric generating facility, substation or control center, or within 100 feet of any electric transmission facility, or within 25 feet of any electric distribution facility or of any overhead wire, cable, conveyor or similar equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way 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;

(L) For the purpose of conducting surveillance, unless expressly permitted by law;

(M) While under the influence of alcohol, or other drug or drugs, intoxicating compound or compounds or any combination thereof, as those terms are defined in 625 ILCS 5/11-501, as amended;

(N) That is equipped with a firearm or other weapon;

(O) With intent to use such SUA or anything attached to it to cause harm to persons or property;

(P) In a reckless or careless manner;

(Q) In violation of any Federal or State law.

7-11-3: CONSTRUCTION OF SECTION:

(A) Operations authorized by the FFA – Exception. Notwithstanding the prohibitions set forth in this Section 2-13, nothing in this section shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate a SUA in 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 of 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.

(B) Operations prohibited by FFA – Clarification. Nothing in this section shall be construed to authorize the operation of any SUA in air space in violation of any Federal statute or rules promulgated thereunder, but not limited to, any temporary flight restrictions or notices to airmen issued by the FAA.

(C) Operations authorized by the State of Illinois – Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit the use of a drone by a law enforcement agency in accordance with Section 15 of the Freedom from Drone Surveillance Act, codified at 725 ILCS 167/1 et seq., or its successor provision.

7-11-4: PARENTAL RESPONSIBILITY:

Pursuant to 740 Illinois Compiled Statutes 115/1 et seq., the parent or legal guardian of a minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for actual damages for willful or malicious acts of such minor which cause injury to a person or property, provided, that such minor has not paid such fine or made such restitution or reparation within the time ordered by the court, and further provided that such parent or legal guardian has been served with a summons or notice to appear in the original cause and all proceedings thereafter as provided by law.

7-11-5: SEIZURE FOR UNLAWFUL USE:

On a second or ensuing incident or on a first incident resulting in property damage or personal injury and when the Mayor, Police Chief or their duly authorized enforcement officers or designees have a reasonable basis to believe that any SUA is or has been operating in violation of this section, said SUA may be seized by such duly authorized enforcement official, followed by an opportunity for an administrative hearing, with notice to the owner within seven (7) calendar days of such seizure, for the purpose of reviewing the appropriateness of the seizure, and shall be held by the City until such time that the owner of such SUA reimburses the City for the actual cartage costs incurred in connection with the seizure and pays to the City $20.00 for each day, or part of a day, that the small unmanned aircraft is in storage. If criminal charges involving the use, conditions or operation of the SUA are pending, the SUA shall be held until disposition of the criminal charges. If it is determined at an administrative hearing, by a preponderance of evidence, that the seized SUA was not operated in violation of this section, such SUA shall be returned to its owner without charge.

7-11-6: RULES:

The Police Chief, in consultation with the corporate counsel, is authorized to promulgate rules necessary or appropriate to implement all rules and regulations regarding this ordinance. Such rules shall be publicly available and conspicuously posted.

7-11-7: VIOLATION; PENALTY:

Any person who violates this section or any rule promulgated hereunder shall be fined not less than $100.00 nor more than $750.00 for each offense and in addition thereto shall be ordered to make restitution or reparation for any damages to person or property which may arise from operation of said SUA. Each day that a violation continues shall constitute a separate and distinct offense.

Hanna City Code 131

Hanna City Code 131

131.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

IMAGE. A record of thermal, infrared, ultraviolet, visible light or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property.

IMAGING DEVICE. A mechanical, digital or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment or format capable of recording, storing or transmitting an image.

UNMANNED AERIAL VEHICLE (UAV). An unmanned aircraft that is motorized, flown by remote/UAS and operated without the possibility of direct human intervention from within or on the aircraft.

UNMANNED AIRCRAFT SYSTEM (UAS). An unmanned aircraft vehicle and associated elements (including communication links and the components that control the UAV) that are required for the pilot in command to operate safely and efficiently in the national airspace system.

131.02 PROHIBITED ACTIVITIES.

(A) A person commits an offense if the person uses a UAV/UAS to intentionally or surreptitiously film, audiotape, record or intrude, physically or otherwise, upon the solitude or seclusion of another or his or her private affairs or concerns, if the intrusion would be offensive to a reasonable person and is without consent. The act shall be considered intentional if the operator fails to terminate the flight or intrusion once it is known to the operator that an invasion of privacy has taken place. An intrusion can take place either by violating the airspace directly above private property or by filming, recording or taping activities on private property from a distance.

(B) A person commits an offense if the person flies a UAV over the private property of another individual or entity without express permission.

(C) A person commits an offense if the person outfits a UAV with a weapon and flies that UAV/UAS with the intent to threaten or intimidate the other individual(s).

(D) A person commits an offense if the person flies a UAV over public property and roadways without complying with the requirements set forth in § 131.05 of this chapter and obtaining the required license from the village.

(E) A person commits an offense if the person operates a UAV in or around traffic.

(F) A person commits an offense if the person flies a UAV within 100 yards of a public gathering, such as, but not limited to, a parade, concert, festival or commemorative gathering without complying with the requirements set forth in § 131.03 of this chapter and the required licenses from the village.

(G) A person commits an offense if the person utilizes a UAV for the purposes of hunting or fishing.

(H) A person commits an offense if the person operates a UAV in a reckless manner that endangers another person or property.

(I) A person other than the operator landing the UAV may not bring down an UAV by any means (e.g., handgun, rifle, arrow, slingshot, any object used as a missile or any electrical device that dismantles the UAV) whether it is flown over private or public property.

(J) With the exceptions of taking off and landing, the UAV shall not be flown over 400 feet or under 20 feet above the ground.

(K) A person commits an offense if the person flies a UAV within 100 yards of fire, police or emergency personnel while in performance of their duties.

Penalty, see § 131.99

131.03 EXCEPTIONS AND NON-APPLICABILITY.

It is lawful to use a UAV/UAS within the village to photograph, film, audiotape or otherwise record an individual or individuals acting on private property where the following is true of the use:

(A) If the image is captured by the village or an individual or entity under contract with the village for the purposes of resource management;

(B) If the image is made for the monitoring, operation and maintenance of utilities, telecommunication or transportation infrastructure for the purpose of maintaining the reliability and integrity of the utility, telecommunication or transportation system or to determine if repairs to the system are necessary;

(C) If law enforcement is using the UAV/UAS to execute a valid search warrant;

(D) If law enforcement is in hot pursuit of a suspect;

(E) If law enforcement is acting under exigent circumstances, such that a search warrant would not be required;

(F) If the UAV/UAS is being used to document a crime scene where a felony offense has been committed;

(G) If the UAV/UAS is being used to document an accident scene as part of an investigation;

(H) If the UAV/UAS is being used to conduct a search for a lost, missing or abducted person;

(I) If the image is made for an artistic or journalistic purpose, not otherwise prohibited by state or federal law;

(J) If the image is made of a public or private event with the express written consent of the event organizer and attendees are notified that a recording may occur and the UAV is not flown in airspace that could endanger any person;

(K) If the UAV/UAS is being used by a fire department in response to an emergency or for search and rescue or at request and under control of a fire department;

(L) If the UAV/UAS is being used by a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee or contractor thereof to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license. However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements whereabouts, affiliations, associations, transactions, reputation or character of any society, person or group of persons;

(M) If the UAV/UAS is being used for aerial mapping in compliance with FAA regulations; and/or

(N) If the UAV/UAS is being used to deliver cargo in compliance with FAA regulations.

131.04 CERTAIN MODEL AIRCRAFT EXEMPTED.

Section 131.02(D), (F) and (J) of this chapter shall not apply if the UAV/UAS being flown is a model fixed-winged aircraft or helicopter, flown for hobby and recreational purposes, and is flown in compliance with FAA’s safety guidelines which are as follows:

(A) Fly below 400 feet and remain clear of surrounding obstacle;

(B) Keep the aircraft within visual line of sight at all times;

(C) Remain well clear of and do not interfere with manned aircraft operations;

(D) Don’t fly within five miles of an airport unless you contact the airport and control tower before flying;

(E) Don’t fly near people or stadiums;

(F) Don’t fly an aircraft that weighs more than 55 pounds; and

(G) Don’t be careless or reckless with the unmanned aircraft.

131.05 PERMIT REQUIRED; FEE.

(A) A private individual or business wishing to operate an UAV in the proximity of a public or private event or a property or properties that he, she or it does not own for commercial or private purposes (excluding the purposes outlawed by this chapter or state or federal law) shall:

(1) Complete the permit application;

(2) Provide proof of insurance that covers the operation of a UAV in the amount as set by the Board of Trustees from time to time for property damage, personal injury and general liability per occurrence; and

(3) Pay an annual application/permit fee, as set by the Board of Trustees from time to time.

(B) Before operating a UAV, the operator must obtain the express written consent of the event organizer or properly owner and/or resident and, if applicable, the attendees must be notified that a recording may occur.

131.99 PENALTY.

Any person who violates any of the provisions set forth in § 131.02 of this chapter will be subject to a maximum fine as set forth in § 10.99, per each violation.

McHenry County Conservation District Rules

McHenry County Conservation District

Section 3: Engine Powered Models or Toys:

No person shall upon or in connection with any property of the District start, fly, or use any fuel-powered engine, jet-type or electric-powered model aircraft, car, truck, boat, or rocket or like powered toy or model, except at those areas or waters designated by the Executive Director for such use and then only in accordance with such rules, regulations, and restrictions promulgated and posted by the Executive Director or his/her designate. Drones may not be operated on, over, or across the District Property except when operated by the District. For purposes of this sections, the term “District Property” includes the first 150 feet of airspace above the ground. (Class D)

Section 16: Hunter/Fisherman Interference:

No person shall intentionally or knowingly obstruct or interfere with, or use a drone in a manner that interferes with, a properly licensed hunter or fisherman legally on District property. This Section does not apply to any District employee or lease holders exercising their legal rights to the land or police officers, officers of the US Fish and Wildlife service, Sheriffs, deputy sheriffs, or other peace officers if the actions are authorized by law and are necessary for the performance of their official duties. (Class B)

O’Fallon Code Section 139

O’Fallon Code Section 139

139.01 UAS.

(A) Definitions. For purposes of this chapter, the following words and phrases shall have the following meanings.

UNMANNED AIRCRAFT. An aerial vehicle that:

(a) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;

(b) Uses aerodynamic forces to provide vehicle lift;

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

(d) Can be expendable or recoverable.

UNMANNED AIRCRAFT SYSTEMS (UAS). An UA and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the PIC to operate safely and efficiently in the NAS. To be part of a UAS, the UA must be capable of sustained flight in the atmosphere;

(a) Flown within the visual line of sight of the person operating the aircraft; and

(b) Flown for hobby or recreational purposes.

VISUAL OBSERVER. A person who is designated by the operator of an UAS to assist the operator to see and avoid other air traffic or objects aloft or on the ground.

(B) All operators of UAS shall adhere to applicable federal and state regulations, rules, and laws regarding their use, and as may be amended from time to time, and implemented thereafter.

(1) https://www.faa.gov/uas/media/Sec_ 331_336_UAS.pdf – The original regulation which addresses sUAS entering controlled airspace.

(2) https://www.gpo.gov/fdsys/pkg/CFR-2018-title14-vol2/xml/CFR-2018-title14-vol2- part101.xml – Federal law regulating model aircraft and hobby drones.

(3) https://www.gpo.gov/fdsys/pkg/CFR-2018- title14-vol2/xml/CFR-2018-title14-vol2- part107.xml//seqnum107.205 – Federal law regulating commercial uses of drones.

(C) The UAS must remain within visual line of sight of the operator of the UAS. Alternatively, the UA must remain within the visual line of sight of a visual observer, provided that the operator of the UAS and the visual observer maintain effective communication with each other always.

(D) Operators of UAS shall not intentionally operate UAS over persons unprotected by shelter or moving vehicles, or within 25 feet from any person, building, or vehicle.

(E) Operators of UAS shall not operate an UAS in adverse weather conditions, such as in high winds or reduced visibility.

(F) Operators of UAS shall not operate an UAS, nor shall a visual observer observe the operation of an UAS, under the influence of alcohol or controlled substances.

(G) Operators of UAS shall ensure the operating environment is safe and shall not operate UAS in a reckless or negligent manner so as to endanger the life or property of another or constitute an unreasonable interference with enjoyment of life, quiet, comfort, or outdoor recreation of an individual or individuals of ordinary sensitivity or habits.

(H) Operators of UAS shall not without the consent of the owner of the property, public utility, or appropriate governmental entity operate an UAS within 25 feet of or over sensitive infrastructure or property, such as power stations, utility lines, water treatment facilities, correctional facilities, streets or highways with a speed limit of 35 miles per hour or more, government facilities, or other public utility facilities.

(I) It shall be unlawful to knowingly operate an UAS directly over the private property of another without the property owner’s consent, if such operation of the UAS:

(1) Enters into the immediate reaches of the air space next to private property and

(2) If it interferes substantially with the property owner’s use and enjoyment of his or her property.

(J) All UAS shall be limited to daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time).

(K) Except as may be otherwise expressly permitted by federal or state law, it shall be unlawful to operate any UAS weighing in excess of 55 pounds (25 kilograms) in the city.

(L) The City Administrator is hereby authorized to promulgate policies and procedures for the operation of UAS upon and over property owned or controlled by the city, consistent with this chapter. Such policies and procedures shall provide for reasonable restrictions on the time, place, and manner in which a person may land, launch, or otherwise operate an UAS so as not to interfere with the health, safety, and welfare of city residents. Such restrictions may not place an undue burden on recreational or commercial operation of UAS. Such policies and procedures may require certain conditions be fulfilled prior to the take-off, landing, or operation of an UAS from certain designated properties owned or controlled by the city.

South Elgin Code 92

South Elgin Code 92

92.26 VEHICLES, BOATS, AND AIRCRAFT.

(A) Except to park a motorized vehicle in a designated parking area, and further excepting all motorized mobility aids and devices for persons with disabilities, no person other than an employee or agent of the village shall bring, use, operate, drive or park any motor driven vehicle, boat including but not limited to automobiles, trucks, power driven model boats, power driven model automobiles, minibikes, motorcycles, or snowmobiles in any village park, except at such times and in such designated specific locations as are approved by special use permit issued by the Village Administrator following application to the Director of Parks and Recreation. The Village Administrator shall consider the safety and suitability of the location and the impact of the activity upon other users of the park at the proposed time.

(B) Model aircraft, subject to 14 CFR Part 101, may be operated in a village park provided that all such operations are conducted 100 feet from all group activity organized or permitted by the village, including but not limited to baseball, softball, football, soccer, lacrosse games and practices, and 100 feet from all playground equipment. Due to the special nature of Seba Park and the patrons that it serves, model aircraft operations are prohibited in Seba Park. For purposes of this division, the term VILLAGE PARK includes the first 100 feet of airspace above the ground.

(C) Unmanned aircraft systems operations, subject to 14 CFR Part 107. may only be operated on village property (including parks and other village owned properties) after securing a permit for said operation from the Village Administrator. The Village Administrator shall ensure the applicant has all proper permitting from the FAA and consider the safety and suitability of the proposed time and location for the operations. Where permitted, the Village Administrator shall take such reasonable action as he/she deems appropriate to inform the general public of the operation. For purposes of this division, the term VILLAGE PROPERTY includes the first 100 feet of airspace above the ground.

 

University Drone Policies

Bradley University

DePaul University

Illinois State University

Knox College

Northwestern University

Southern Illinois University

University of Chicago

University of Illinois – Urbana-Champaign

University of Saint Francis

Note: This list is just a sample… many more could be added.

Advanced Air Mobility (AAM)

Illinois Aviation AAM System Plan

Illinois DOT – Aviation Map and AAM

2024 – eVertiSKY & Volatus Transition to Next Phase of Chicago UAM Living Labs

 

 

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 an outdoor philanthropical gala at the Museum of Science and Industry in Chicago, 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.

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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