IN – Indiana

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Indianapolis is home to the annual Indianapolis 500 race.

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Indiana government page just for reference.

The INDOT has an INDOT Aviation Page.

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

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Last updated on June 4, 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

 

 

Indiana Code 14-22-6-16

IC 14-22-6-16

Use of unmanned aerial vehicles to aid hunting

Section 16. (a) This section does not apply to the following:

(1) The department or the department’s designee.

(2) Employees or agents of a governmental entity while performing official duties.

(3) Employees or agents of an educational or research institution acting for bona fide educational or scientific purposes.

(4) Use of an UAV to assist, provide care for, or provide veterinary treatment to a specific wild animal.

(5) Use of an UAV to monitor areas of agricultural production or to monitor nuisance wild animals.

(b) As used in this section, “take” means to:

(1) kill, shoot, spear, harm, catch for the purpose of killing, trap for the purpose of killing, or pursue for the purpose of killing a wild animal; or

(2) attempt to engage in conduct under subdivision (1).

(c) During the period:

(1) beginning fourteen (14) days before the hunting season for a particular wild animal species; and

(2) ending upon the expiration of legal hunting hours on the last day of the hunting season; a person may not knowingly use an UAV (as defined by IC 35-31.5-2-342.3) to search for, scout, locate, or detect a wild animal to which the hunting season applies as an aid to take the wild animal.

Indiana Code 32-33-10.5-2

IC 32-33-10.5-2

Aircraft

Section 2. As used in this chapter, “aircraft” means any contrivance used or designed for navigation of or flight in the air. The term does not include unmanned aircraft or ultralight aircraft.

Indiana Code 35-31.5-2-186

IC 35-31.5-2-186

Lawful detention

Section 186. (a) “Lawful detention” means:

(1) arrest;

(2) custody following surrender in lieu of arrest;

(3) detention in a penal facility;

(4) detention in a facility for custody of persons alleged or found to be delinquent children;

(5) detention under a law authorizing civil commitment in lieu of criminal proceedings or authorizing such detention while criminal proceedings are held in abeyance;

(6) detention for extradition or deportation;

(7) placement in a community corrections program’s residential facility;

(8) electronic monitoring;

(9) custody for purposes incident to any of the above including transportation, medical diagnosis or treatment, court appearances, work, or recreation; or

(10) any other detention for law enforcement purposes.

(b) Except as provided in subsection (a)(7) and (a)(8), the term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.

(c) The term does not include electronic monitoring through the use of an UAV under IC 35-33-5-9.

Indiana Code 35-31.5-2-337.5

IC 35-31.5-2-337.5

Tracking device

Section 337.5. “Tracking device”, for purposes of IC 35-33-5 and this chapter, means an electronic or mechanical device that allows a person to remotely determine or track the position or movement of another person or an object. The term includes the following:

(1) A device that stores geographic data for subsequent access or analysis.

(2) A device that allows real-time monitoring or movement.

(3) An unmanned aerial vehicle.

(4) A cellular telephone or other wireless or cellular communications device.

Indiana Code 35-31.5-2-342.3

IC 35-31.5-2-342.3

Unmanned aerial vehicle

Section 342.3. “Unmanned aerial vehicle” means an aircraft that does not carry a human operator and that is capable of flight under remote control or autonomous programming. The term includes the following:

(1) An UA and an UAS (both as defined in the FAA Modernization and Reform Act of 2012 (PL112-95, 126 Stat. 11).

(2) A SUA and a SUAS (both as defined in 14 CFR 107.3).

Indiana Code 35-31.5-2-343.7

IC 35-31.5-2-343.7

Use of an unmanned aerial vehicle

Section 343.7. “Use of an unmanned aerial vehicle”, for purposes of IC 35-33-5, has the meaning set forth in IC 35-33-5-0.5.

Indiana Code 35-33-5-0.5

IC 35-33-5-0.5

Definitions

Section 0.5. The following definitions apply throughout this chapter:

(1) “Electronic communication service” means a service that provides users with the ability to send or receive wire or electronic communications.

(2) “Electronic storage” means any storage of electronic user data on a computer, computer network, or computer system regardless of whether the data is subject to recall, further manipulation, deletion, or transmission. “Electronic storage” includes any storage or electronic communication by an electronic communication service or a remote computing service.

(3) “Electronic user data” means any data or records that are in the possession, care, custody, or control of a provider of an electronic communication service, a remote computing service, or any other service or program that stores, uses, collects, or safeguards electronic user data.

(4) “Governmental entity” has the meaning set forth in IC 35-31.5-2-144. For purposes of this chapter, “governmental entity” also includes a person authorized to act on behalf of a state or local agency.

(5) “Intercept” means to acquire geolocation data through the use of an electronic device, mechanical device, or other device.

(6) “Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communication service.

(7) “Use of an unmanned aerial vehicle” means the use of an UAV by a law enforcement officer to obtain evidence relevant to the enforcement of statutes, rules, or regulations. The term includes:

(A) the interception of wire, electronic, or oral communications; and

(B) the capture, collection, monitoring, or viewing of images.

(8) “User” means any person who:

(A) uses an electronic communication service, remote computing service, geolocation information service, or an electronic device; and

(B) may or may not be the person or entity having legal title, claim, or right to the electronic device or electronic user data.

Indiana Code 35-33-5-9

IC 35-33-5-9

Unmanned aerial vehicles; search warrant; exceptions

Section 9. A law enforcement officer must obtain a search warrant in order to use an UAV:

(1) on or over private property; or

(2) to conduct a search, perform surveillance, obtain a photograph, or obtain video of private property or of individuals, items, or structures located on private property;

without the consent of the owner of the affected private property. However, a warrant is not required for a use of an UAV if a warrant would not be required for a search not using an UAV.

Indiana Code 35-33-5-10

IC 35-33-5-10

Admissibility of evidence; unmanned aerial vehicles

Section 10. The following are not admissible as evidence in an administrative or judicial proceeding:

(1) A communication or an image that is obtained through the use of an UAV in violation of section 9 of this chapter.

(2) Evidence derived from a communication or an image described in subdivision (1).

Indiana Code 35-38-2.5-3

IC 35-38-2.5-3

Monitoring device

Section 3. (a) As used in this chapter, “monitoring device” means an electronic device that:

(1) can record or transmit information twenty-four (24) hours each day regarding an offender’s precise location;

(2) is minimally intrusive upon the privacy of the offender or other persons residing in the offender’s home;

(3) with the written consent of the offender and with the written consent of other persons residing in the home at the time an order for home detention is entered, may record or transmit:

(A) a visual image;

(B) an electronic communication or any sound; or

(C) information regarding the offender’s activities while inside the offender’s home; and

(4) can notify a probation department, a community corrections program, the parole board, a pretrial services agency, or a contract agency if the offender violates the terms of a home detention order.

(b) The term includes any device that can reliably determine the location of an offender and track the locations where the offender has been, including a device that uses a global positioning system satellite service.

(c) The term does not include an UAV (as defined in IC 35-31.5-2-342.3).

Indiana Code 35-42-4-12.5

IC 35-42-4-12.5

Sex offender unmanned aerial vehicle offense

Section 12.5. (a) This section applies only to a sex offender (as defined in IC 11-8-8-4.5).

(b) A sex offender who:

(1) knowingly or intentionally operates an UAV for the purpose of:

(A) following;

(B) contacting; or

(C) capturing images or recordings of;

one (1) or more other individuals; and

(2) is subject to a:

(A) condition of probation;

(B) condition of parole;

(C) condition or rule of a community corrections program; or

(D) rule of a community transition program;

that prohibits the sex offender from following, contacting, or capturing images or recordings of one (1) or more other individuals, regardless of whether the means of engaging in any of those activities is specified in the condition or rule, commits a sex offender UAV offense, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Indiana Code 35-44.1-4-10

IC 35-44.1-4-10

Public safety remote aerial interference

Section 10. A person who operates an UAV in a manner that is intended to obstruct or interfere with:

(1) a law enforcement officer;

(2) a firefighter;

(3) an emergency medical person; or

(4) a member of a search and rescue team or mission;

while the individual described in subdivisions (1) through (4) is performing or attempting to perform the individual’s official duties, commits public safety remote aerial interference, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Indiana Code 35-45-4-5

IC 35-45-4-5

Voyeurism; public voyeurism; aerial voyeurism

Section 5. (a) The following definitions apply throughout this section:

(1) “Camera” means a camera, a video camera, a device that captures a digital image, or any other type of video recording device.

(2) “Peep” means any looking of a clandestine, surreptitious, prying, or secretive nature.

(3) “Private area” means the naked or undergarment clad genitals, pubic area, or buttocks of an individual.

(b) A person:

(1) who knowingly or intentionally:

(A) peeps; or

(B) goes upon the land of another with the intent to peep;

into an occupied dwelling of another person; or

(2) who knowingly or intentionally peeps into an area where an occupant of the area reasonably can be expected to disrobe, including:

(A) restrooms;

(B) baths;

(C) showers; and

(D) dressing rooms;

without the consent of the other person, commits voyeurism, a Class B misdemeanor.

(c) However, the offense under subsection (b) is a Level 6 felony if:

(1) it is knowingly or intentionally committed by means of a camera; or

(2) the person who commits the offense has a prior unrelated conviction under this section.

(d) A person who:

(1) without the consent of the individual; and

(2) with intent to peep at the private area of an individual;

peeps at the private area of an individual and records an image by means of a camera commits public voyeurism, a Class A misdemeanor.

(e) The offense under subsection (d) is a Level 6 felony if the person has a prior unrelated conviction under this section or if the person:

(1) publishes the image;

(2) makes the image available on the Internet; or

(3) transmits or disseminates the image to another person.

(f) It is a defense to a prosecution under subsection (d) that the individual deliberately exposed the individual’s private area.

(g) A person who, with the intent to peep, operates an UAV in a manner that is intended to cause the UAV to enter the space above or surrounding another person’s occupied dwelling for the purpose of capturing images, photographs, video recordings, or audio recordings of the other person while the other person is:

(1) within the other person’s occupied dwelling; or

(2) on the land or premises:

(A) on which the other person’s occupied dwelling is located; and

(B) in a location that is not visible from an area:

(i) open to the general public; or

(ii) where a member of the general public has the right to be;

commits remote aerial voyeurism, a Class A misdemeanor.

(h) The offense under subsection (g) is a Level 6 felony if the person has a prior unrelated conviction under this section or if the person:

(1) publishes the images, photographs, or recordings captured;

(2) makes the images, photographs, or recordings captured available on the Internet; or

(3) transmits or disseminates the images, photographs, or recordings captured to another person.

Indiana Code 35-45-10-6

IC 35-45-10-6

Remote aerial harassment

Section 6. A person who operates an UAV in a manner that is intended to subject another person to harassment commits remote aerial harassment, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Indiana Code 35-46-1-15.1

IC 35-46-1-15.1

Invasion of privacy; offense; penalties

Section 15.1. (a) A person who knowingly or intentionally violates:

(1) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal);

(2) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal);

(3) a workplace violence restraining order issued under IC 34-26-6;

(4) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child;

(5) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6;

(6) a no contact order issued as a condition of probation;

(7) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal);

(8) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action;

(9) an order issued in another state that is substantially similar to an order described in subdivisions (1) through (8);

(10) an order that is substantially similar to an order described in subdivisions (1) through (8) and is issued by an Indian:

(A) tribe;

(B) band;

(C) pueblo;

(D) nation; or

(E) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians;

(11) an order issued under IC 35-33-8-3.2; or

(12) an order issued under IC 35-38-1-30;

commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction for an offense under this subsection.

(b) It is not a defense to a prosecution under subsection (a) that the accused person used or operated an UAV in committing the violation.

(c) A sex offender under IC 11-8-8-4.5 who:

(1) establishes a new residence within a one (1) mile radius of the residence of the victim of the offender’s sex offense;

(2) intends to reside (as defined in IC 35-42-4-11(b)) at the residence; and

(3) at the time the sex offender established the residence, knew or reasonably should have known that the residence was located within a one (1) mile radius of the residence of the victim of the offender’s sex offense;

commits invasion of privacy, a Class A misdemeanor. However, the offense is a Level 6 felony if the sex offender has a prior unrelated conviction under this subsection.

(d) The victim of the sex offender’s sex offense may not be prosecuted under subsection (c) if the victim’s liability is based on aiding, inducing, or causing the offender to commit the offense described in subsection (c).

(e) Subsection (c) does not apply to a sex offender who has obtained a waiver of residency under IC 35-38-2-2.5 or IC 35-38-1-33.

Carmel Code 6-69

Carmel Code 6-69

6-69 Regulation of UAS.

(a) Definitions.

Private Space: any indoor or outdoor property owned or controlled by a private individual or entity.

Public Event: any event, game, practice, contest, parade, rally, celebration or other gathering in either private space or public space, to which the public is invited or attends.

Public Space: any indoor or outdoor property (including streets and sidewalks) owned or controlled by federal, state or local government, or an instrumentality of federal, state or local government.

Unmanned Aircraft System (“UAS”): an aircraft without a human pilot onboard, which is controlled from an operator on the ground. Also sometimes called a drone.

(b) Application. The regulations set forth in this Ordinance apply within the City of Carmel to the extent such airspace can legally be regulated by local ordinance. This ordinance shall not interfere with the authority of the Federal Aviation Administration (“FAA”). All operators of Unmanned Aircraft Systems must obey FAA and Indiana laws, rules and regulations as may be amended from time to time.

(c) Prohibited Unmanned Aircraft System Activities.

(1) It shall be unlawful without proper registration, operator licensure and approval as determined by applicable state and federal laws, rules and regulations, for a person to use or operate an Unmanned Aircraft System within a five hundred (500) yard horizontal radius of, or anywhere above, a public event.

(2) If law enforcement has reasonable suspicion to believe there is immediate danger of death or serious injury to any person, it may immediately prohibit any Unmanned Aircraft System use. Within twenty-four (24) hours of prohibiting such use, law enforcement shall document the basis for the reasonable suspicion.

(d) Non-applicability.

(1) It is lawful to use an Unmanned Aircraft System within the City to photograph, film, audiotape, or otherwise record an individual or individuals at a public event:

  1. If such use or operation is approved or authorized in writing by the owner of the private space or public space in which the public event is being held;
  2. If the recording is captured for the purpose of mapping;
  3. If the recording is captured by a City official in the course of their employment;
  4. If the recording is captured by an individual or entity under contract with the City for the purposes of resource management, operation and maintenance of utilities to determine the integrity of the utility or to determine repairs.
  5. If law enforcement is using the Unmanned Aircraft System to execute a valid search warrant or if law enforcement is acting under circumstances in which an exception to the warrant requirement is applicable.
  6. If law enforcement is conducting a search for a missing or abducted person.

(2) If an FAA-registered operator is granted approval by federal authorities to use an Unmanned Aircraft System under circumstances where such use would otherwise be prohibited under Subsection (c), the operator shall provide the following information to the Carmel Police Department at least forty-eight (48) hours prior to the event: (i) a copy of the registration certificate of any Unmanned Aircraft System intended to be used; (ii) a copy of the cover page of the operator’s remote pilot certificate issued under 14 CFR §107.12 or Section 333 exemption; (iii) a certificate of liability insurance; and (iv) a copy of the operator’s Certificate of Waiver or Authorization and Transportation Security Administration security waiver (if applicable). Failure to timely provide these documents prior to the use of an Unmanned Aircraft System within the City constitutes a violation of this ordinance.

(e) Penalties.

(1) Any person who violates any of the provisions of this ordinance is subject to a fine that shall not exceed Five Hundred Dollars ($500) for each such violation.

(2) In addition to the penalty specified above, any Unmanned Aircraft System and control box operated in violation of this ordinance may be impounded for a period of time not to exceed seven (7) calendar days in the interests of public safety. The owner of the Unmanned Aircraft System may appeal this impoundment to a court of competent jurisdiction located in Hamilton County, Indiana.

City of Fort Wayne Ordinance

City of Fort Wayne Ordinance

Fort Wayne’s Drone Ordinance – Key Provisions You Should Know

City of Fort Wayne Municipal Code Section 96.30 requires that drone pilots notify the City before any flights in these specific areas:

Above the Downtown Aerial District, a circular area over downtown with a radius of 5500 feet from the 100 block of W Main St (GPS coordinates of 41.080325, -85.140652;

Above or within 500 yards of a city-permitted public event such as a festival, block party or parade.

To determine whether an event has been issued a city permit requiring drone flight notification, contact the city Right-of-Way Department at 260-427-6155 or email.

While the ordinance requires prior notification of drone flights is these circumstances, it is not an approval process. Drone pilots are encouraged to know the laws and regulations for legal and safe commercial or non-commercial flight operations, as the ordinance also prohibits any drone flights that are conducted in an unsafe manner.

The Fort Wayne Police Department is responsible for enforcing the ordinance, and violations can range from a warning, citation and/or the impoundment of drone equipment for up to three (3) business days.

Notification is satisfied with a simple online form.

Special note – (Repeat flyers can use the check boxes to avoid having to re-enter the same pilot certificate or drone registration numbers previously submitted.)

UAS 96.30 – Regulation of UAS.

(A)   Purpose. The regulations set forth in this section seek to promote the ability of noncommercial and commercial users to operate UAS safely within the City of Fort Wayne while recognizing the need to protect citizens and public safety personnel in designated areas and circumstances where heightened safety concerns are present.

(B)   Definitions.

COMMERCIAL USE.  The flying of an UAS for work, business or commercial purposes.

DOWNTOWN AERIAL DISTRICT.  A circular area with a radius of 5,500 feet out from a center point with the GPS coordinates of 41.080325, -85.140652, commonly known as the 100 block of W. Main St., Fort Wayne, Indiana.

FORT WAYNE INTERNATIONAL AIRPORT (FWA) Aerial District. A circular area with a radius of 13,200 feet (2.5 miles) out from a center point located at the ATC tower with GPS coordinates of 40.972124, – 85.187764, commonly known as 3817 Winters Rd., Fort Wayne, Indiana.

SMITH FIELD AIRPORT (SMD) Aerial District. A circular area with a radius of 5,500 feet out from a center point with GPS coordinates of 41.143317, -85.153226, commonly known as 902 W Ludwig Rd., Fort Wayne, Indiana.

PARKVIEW RANDALLIA Aerial District. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.096241, -85.109989, commonly known as 2200 Randallia Dr., Fort Wayne, Indiana.

DUPONT HOSPITAL Aerial District. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.175260, -85.108885, commonly known as 2520 E Dupont Rd., Fort Wayne, Indiana.

LUTHERAN HOSPITAL Aerial District. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.038972, -85.249764, commonly known as 7950 W Jefferson Blvd., Fort Wayne, Indiana.

ARMY RESERVE FACILITY Aerial District. A circular area with a radius of 2,500 feet out from a center point with GPS coordinates of 41.052473, -85.168455, commonly known as 2233 Nuttman Ave., Fort Wayne, Indiana.

PRIVATE SPACE.  Any indoor or outdoor property owned or controlled by a private individual or entity.

PUBLIC EVENT.  Any event, game, practice, contest, parade, rally, celebration or other gathering in either private space or public space, to which the public is invited or attends and for which a permit has been issued by the city.

PUBLIC SPACE.  Any indoor or outdoor property (including streets and sidewalks) owned or controlled by federal, state or local government, or an instrumentality of federal, state or local government.

NONCOMMERCIAL USE.  The flying of an UAS for enjoyment, recreation, hobby and not work, business purposes, or for compensation of hire.

UNMANNED AIRCRAFT SYSTEM (“UAS”).  An aircraft without a human pilot onboard which is controlled from an operator on the ground, often referred to as a “drone.”

(C)   Applicability. This sub-chapter shall not interfere with the authority of the FAA. All UAS operators within the city must obey FAA and Indiana laws, rules and regulations as may be amended from time to time.

(D)   Prohibited UAS activities.

(1)   For UAS takeoff and landing within the city, it shall be unlawful without prior notification to the city for a person to use or operate an UAS within five hundred (500) yard horizontal radius of, or anywhere above, a public event.

(2)   For UAS takeoff and landing within the City, it shall be unlawful without prior notification to the city for a person to use or operate an UAS anywhere above an aerial district.

(3) No Person shall operate any UAS within the city in a manner that is prohibited by any federal statute or regulation governing aeronautics.

(4) For UAS takeoff and landing within the city, it shall be unlawful for a person to operate an UAS in a careless or reckless manner so as to endanger the life or property of another. The standard for what constitutes careless or 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 limiting to 14 CFR 91.13. If law enforcement has reasonable suspicion to believe there is unsafe UAS operation occurring, the city may immediately prohibit any UAS use. Within twenty-four (24) hours of prohibiting such use, law enforcement shall document the basis for the reasonable suspicion and actions taken.

(E)   Non-applicability. Subsections (D)(l) and (D)(2) do not apply to:

(1)   Employees of the city operating an UAS in the regular course of their duties.

(2)   Individuals under contract with the city operating an UAS for the purposes of promotion, resource management, development, mapping or utility management and repair.

(3)   Any local, state or federal government agency lawfully operating UAS for a government purpose or function.

(F) Notification process. Persons wishing to operate a UAS within 5,500 feet of the Downtown Aerial District, 2.5 miles of FWA, 5000 feet of SMD, 2500 feet of Parkview Randallia/Lutheran/Dupont Hospital(s), 2500 feet of the Army Reserve Facility, and/or within a five-hundred (500) yard radius of, or anywhere above, a public event, shall provide the following information to the city before the operation:

(1)   Name, address and telephone number of UAS the operator, any assisting persons during the flight, and any affiliated company name, if applicable;

(2)   Purpose of the UAS operation as either noncommercial recreational or commercial use;

(3)   FAA-issued Registration Certificate Number(s) of any UAS to be operated;

(4)   UAS operator’s FAA-issued Remote Pilot Certificate Number(s) and date(s) of issue authorized under 14 CFR 5107, if applicable;

(5)   Document numbers and dates of issue and expiration for FAA-issued certificate(s), waiver(s), or authorization, or Section 333 Exemption, applicable to the operation of the UAS;

(6)   Policy information with dates of issue and expiry of any certificate(s) of liability insurance, if applicable;

(7)   Proposed area and time of UAS operation;

(8)   Location where the UAS will be operated from; and

(9)   Name, address and telephone number of any owner(s) granting permission for UAS operation over any private space.

(Ord. G-10-19, passed 5-14-19) Penalty, see § 96.99

96.31  Enforcement.

The Fort Wayne Police Department shall be charged with enforcing all provisions of this chapter.

96.99  Penalty.

(A)   Whoever violates any provisions of this chapter, upon conviction thereof, shall be fined not less than $150 or more than $500 for each offense. Each day any violation shall continue shall constitute a separate offense.

(B)   Any person who violates any of the provisions of § 96.30 of this chapter may be subject to a fine that shall not exceed $500 for each such violation.

(C)   In addition to the penalty specified above for violation of § 96.30, any UAS and control box operated in violation of § 96.30 may be impounded for a period of time not to exceed three business days in the interests of public safety.

 

University Drone Policies

Earlham College

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

 

Advanced Air Mobility (AAM)

2023 – Purdue startup targets growing electric aircraft market

 

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 a race at the Indianapolis 500, 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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