NJ – New Jersey

Flag courtesy of Wikipedia

At 69.6 mi (112.0 km) in length, Raritan River is the longest river entirely within New Jersey, flowing from Raritan Valley near Clinton (above) east to Raritan Bay.

Photo courtesy of Wikipedia

New Jersey government website just for reference.

The NJDOT has a NJDOT UAS Page.

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

Map courtesy of Wikipedia

Google Earth

Last updated on June 5, 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

 

 

NJ Statute 2C:40-27

2C:40-27

Definitions relative to operation of UAS.

1. a. As used in this act:
“Operate” means to fly, control, direct, or program the flight of an UAS.

“Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

“Unmanned aircraft system” means an UA and associated elements, including communication links and the components that control the UA, that are required for the PIC to operate safely and efficiently.

b. Except as otherwise prohibited by P.L.2017, c.315 (C.2C:40-27 et al.), a person who is authorized by federal law to operate an UAS may operate an UAS in this State for any purpose, provided that the person operates the UAS in a manner consistent with applicable federal law and regulations. Nothing in this section shall be construed to affect federal preemption of State law regarding aviation.

For purposes of this subsection, “person” means an individual, partnership, corporation, association, governmental entity, or other legal or commercial entity.

c. An owner or operator of a critical infrastructure, including a political subdivision, may apply to the Administrator of the FAA, pursuant to section 2209 of the “FAA Extension, Safety, and Security Act of 2016,” Pub.L.114-190, in order to prohibit or restrict the operation of UAS in close proximity to the critical infrastructure.
Prior to applying to the Administrator of the FAA to prohibit or restrict the operation of UAS in close proximity to a critical infrastructure, a political subdivision shall hold a minimum of one public hearing, with adequate notice to the public, concerning the proposed application.

NJ Statute 2C:40-28

2C:40-28

Violations, degree of offense, crime.

2. a. A person commits a disorderly persons offense if he knowingly or intentionally operates as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) an UAS as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) in a manner that endangers the life or property of another. In making this determination, the court shall consider the standards for safe operation of SUAS prescribed by federal law or regulation.

b.(1) A person commits a crime of the fourth degree if he knowingly or intentionally creates or maintains a condition which endangers the safety or security of a correctional facility by operating an UAS on the premises of or in close proximity to that facility without license or privilege to do so.

(2) A person commits a crime of the third degree if he knowingly operates an UAS to conduct surveillance of, or gather information about, a correctional facility without license or privilege to do so.
For purposes of this subsection, “correctional facility” means a jail, prison, lockup, penitentiary, reformatory, training school, or other similar facility within the State of New Jersey.

c. A person commits a crime of the fourth degree if he knowingly or intentionally operates an UAS in a manner that interferes with a first responder who is actively engaged in response or actively engaged in air, water, vehicular, ground, or specialized transport.

For purposes of this subsection “first responder” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.

d. A person commits a disorderly persons offense if he knowingly operates an UAS or uses an UAS to take or assist in the taking of wildlife.

e. A person commits a disorderly persons offense if he operates an UAS while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood.

f. It shall be a violation of any restraining order issued by the court pursuant to section 2 of P.L.1999, c.47 (C.2C:12-10.2), section 3 or 4 of P.L.2015, c.147 (C.2C:14-15 or C.2C:14-16), section 12 of P.L.1991, c.261 (C.2C:25-28), section 4 of P.L.1999, c.334 (C.2C:35-5.7), or any other court order restraining contact with a person or location, for a person subject to that order to knowingly operate an UAS to fly within a distance of a person or location that would violate that restraining order.

g. Notwithstanding the provisions of N.J.S.2C:1-8 or any other law to the contrary, a conviction under this section shall not merge with a conviction of harassment pursuant to N.J.S.2C:33-4, stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), invasion of privacy pursuant to section 1 of P.L.2003, c.206 (C.2C:14-9), obstructing administration of law or other governmental function pursuant to N.J.S.2C:29-1, introducing contraband pursuant to N.J.S.2C:29-6, contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 which constitutes a crime or disorderly persons offense, or any other criminal offense, even if any other conviction involves the use of an UAS, nor shall the other conviction merge with a conviction under this section.

NJ Statute 2C:40-29

2C:40-29

State Preemption

Provisions preempt existing laws.

5. The provisions of P.L.2017, c.315 (C.2C:40-27 et al.) shall preempt any law, ordinance, resolution, or regulation adopted by the governing body of a county or municipality concerning the private use of an UAS that is inconsistent with the provisions of this act.

 

NJ Statute 2C:40-30

2C:40-30

Authorized use permitted.

6. Nothing in P.L.2017, c.315 (C.2C:40-27 et al.) shall prohibit the authorized use, in compliance with applicable federal rules and regulations, of an UAS by a public employee or a public entity, or by a first responder in the performance of official duties.

For purposes of this section “first responder” means a law enforcement officer, paid or volunteer firefighter, paid or volunteer member of a duly incorporated first aid, emergency, ambulance, or rescue squad association, or any other individual who, in the course of his employment, is dispatched to the scene of a motor vehicle accident or other emergency situation for the purpose of providing medical care or other assistance.

NJ Statute 2C:43-6.4

2C:43-6.4

Special sentence of parole supervision for life.

2. a. Notwithstanding any provision of law to the contrary, a judge imposing sentence on a person who has been convicted of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4, endangering the welfare of a child pursuant to paragraph (3) or sub-subparagraph (i) or (ii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4, luring, violating a condition of a special sentence of community supervision for life pursuant to subsection d. of this section, or an attempt to commit any of these offenses shall include, in addition to any sentence authorized by this Code, a special sentence of parole supervision for life. Notwithstanding any provision of law to the contrary, a court imposing sentence on a person who has been convicted of endangering the welfare of a child pursuant to paragraph (4) or subparagraph (a) or sub-subparagraph (iii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4, leader of a child pornography network pursuant to section 8 of P.L.2017, c.141 (C.2C:24-4.1), or an attempt to commit either of these offenses shall include, upon motion of the prosecutor, a special sentence of parole supervision for life in addition to any sentence authorized by Title 2C of the New Jersey Statutes, unless the court finds on the record that the special sentence is not needed to protect the community or deter the defendant from future criminal activity.

b. The special sentence of parole supervision for life required by this section shall commence immediately upon the defendant’s release from incarceration. If the defendant is serving a sentence of incarceration for another offense at the time he completes the custodial portion of the sentence imposed on the present offense, the special sentence of parole supervision for life shall not commence until the defendant is actually released from incarceration for the other offense. Persons serving a special sentence of parole supervision for life shall remain in the legal custody of the Commissioner of Corrections, shall be supervised by the Division of Parole of the State Parole Board, shall be subject to the provisions and conditions set forth in subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) and sections 15 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.59 through 30:4-123.63 and 30:4-123.65), and shall be subject to conditions appropriate to protect the public and foster rehabilitation. Such conditions may include the requirement that the person comply with the conditions set forth in subsection f. of this section concerning use of a computer or other device with access to the Internet or the conditions set forth in subsection g. of this section concerning the operation as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) of an UAS as defined in section 1 of P.L.2017, c.315 (C.2C:40-27). If the defendant violates a condition of a special sentence of parole supervision for life, the defendant shall be subject to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and 30:4-123.65), and for the purpose of calculating the limitation on time served pursuant to section 21 of P.L.1979, c.441 (C.30:4-123.65) the custodial term imposed upon the defendant related to the special sentence of parole supervision for life shall be deemed to be a term of life imprisonment. When the court suspends the imposition of sentence on a defendant who has been convicted of any offense enumerated in subsection a. of this section, the court may not suspend imposition of the special sentence of parole supervision for life, which shall commence immediately, with the Division of Parole of the State Parole Board maintaining supervision over that defendant, including the defendant’s compliance with any conditions imposed by the court pursuant to N.J.S.2C:45-1, in accordance with the provisions of this subsection. Nothing contained in this subsection shall prevent the court from at any time proceeding under the provisions of N.J.S.2C:45-1 through N.J.S.2C:45-4 against any such defendant for a violation of any conditions imposed by the court when it suspended imposition of sentence, or prevent the Division of Parole from proceeding under the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) against any such defendant for a violation of any conditions of the special sentence of parole supervision for life, including the conditions imposed by the court pursuant to N.J.S.2C:45-1. In any such proceeding by the Division of Parole, the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) authorizing revocation and return to prison shall be applicable to such a defendant, notwithstanding that the defendant may not have been sentenced to or served any portion of a custodial term for conviction of an offense enumerated in subsection a. of this section.

c. A person sentenced to a term of parole supervision for life may petition the Superior Court for release from that parole supervision. The judge may grant a petition for release from a special sentence of parole supervision for life only upon proof by clear and convincing evidence that the person has not committed a crime for 15 years since the last conviction or release from incarceration, whichever is later, and that the person is not likely to pose a threat to the safety of others if released from parole supervision. Notwithstanding the provisions of section 22 of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a term of parole supervision for life may be released from that parole supervision term only by court order as provided in this subsection.

d. A person who violates a condition of a special sentence of community supervision for life or parole supervision for life imposed pursuant to this section without good cause is guilty of a crime of the third degree. Notwithstanding any other law to the contrary, a person sentenced pursuant to this subsection shall be sentenced to a term of imprisonment, unless the court is clearly convinced that the interests of justice so far outweigh the need to deter this conduct and the interest in public safety that a sentence to imprisonment would be a manifest injustice. Nothing in this subsection shall preclude subjecting a person who violates any condition of a special sentence of parole supervision for life to the provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65) pursuant to the provisions of subsection c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

e. A person who, while serving a special sentence of parole supervision for life imposed pursuant to this section, commits a violation of N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:11-5, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, section 1 of P.L.1993, c.291 (C.2C:13-6), N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4, section 8 of P.L.2017, c.141 (C.2C:24-4.1), N.J.S.2C:18-2 when the offense is a crime of the second degree, or subsection a. of N.J.S.2C:39-4 shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7, which term shall, notwithstanding the provisions of N.J.S.2C:43-7 or any other law, be served in its entirety prior to the person’s resumption of the term of parole supervision for life.

f. The special sentence of parole supervision for life required by this section may include any of the following Internet access conditions:

(1) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court except the person may use a computer or any other device with Internet capability in connection with that person’s employment or search for employment with the prior approval of the person’s parole officer;

(2) Require the person to submit to periodic unannounced examinations of the person’s computer or any other device with Internet capability by a parole officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;

(3) Require the person to submit to the installation on the person’s computer or device with Internet capability, at the person’s expense, one or more hardware or software systems to monitor the Internet use;

(4) Require the person to submit to any other appropriate restrictions concerning the person’s use or access of a computer or any other device with Internet capability; and

(5) Require the person to disclose all passwords used by the person to access any data, information, image, program, signal or file on the person’s computer or any other device with Internet capability.

g. The special sentence of parole supervision for life required by this section may include reasonable conditions prohibiting or restricting the person’s operation of an unmanned aircraft system in order to reduce the likelihood of a recurrence of criminal or delinquent behavior.

NJ Statute 23:7A-2

23:7A-2

Prevention of lawful taking of wildlife prohibited.

2. No person may, for the purpose of hindering or preventing the lawful taking of wildlife:

a. block, obstruct, or impede, or attempt to block, obstruct, or impede, a person lawfully taking wildlife;

b. erect a barrier with the intent to deny ingress to or egress from areas where wildlife may be lawfully taken;

c. make, or attempt to make, unauthorized physical contact with a person lawfully taking wildlife;

d. engage in, or attempt to engage in, theft, vandalism, or destruction of personal or real property;

e. disturb or alter, or attempt to disturb or alter, the condition or authorized placement of personal or real property intended for use in the lawful taking of wildlife;

f. enter or remain upon public lands or waters, or upon private lands or waters without permission of the owner thereof or an agent of that landowner, where wildlife may be lawfully taken;

g. make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, or lures or human scent, use any other natural or artificial visual, aural, olfactory, or physical stimuli, or engage in or attempt to engage in any other similar action or activity, in order to disturb, alarm, drive, attract, or affect the behavior of wildlife or disturb, alarm, disrupt, or annoy a person lawfully taking wildlife;

h. interject himself into the line of fire of a person lawfully taking wildlife; or

i. operate as defined in section 1 of P.L.2017, c.315 (C.2C:40-27) an UAS as defined in section 1 of P.L.2017, c.315 (C.2C:40-27).

Subsections a., b., e., f., g., and i. of this section shall not apply to a law enforcement officer or conservation police officer enforcing the laws of this State or any local ordinance, or a private landowner or agent thereof on land or waters owned by that private landowner.

NJ Statute 24:6I-20

24:6I-20

Medical cannabis handler certification.

27.a. An individual who performs work for or on behalf of a medical cannabis cultivator, medical cannabis manufacturer, or medical cannabis dispensary, issued a permit pursuant to section 7 of P.L.2009, c.307 (C.24:6I-7), a clinical registrant issued a permit pursuant to section 13 of P.L.2019, c.153 (C.24:6I-7.3), or a testing laboratory licensed pursuant to section 25 of P.L.2019, c.153 (C.24:6I-18) shall hold a valid medical cannabis handler certification issued by the commission pursuant to this section if the individual participates in any activity involving obtaining, possessing, cultivating, processing, manufacturing, creating, testing, transporting, transferring, relocating, dispensing, or delivering medical cannabis.

b. An entity issued a permit pursuant to section 7 of P.L.2009, c.307 (C.24:6I-7) or section 13 of P.L.2019, c.153 (C.24:6I-7.3) or a license pursuant to section 25 of P.L.2019, c.153 (C.24:6I-18) shall verify that, before allowing any individual to perform any work described in subsection a. of this section at the premises for which the permit has been issued, the individual holds a valid medical cannabis handler certification issued pursuant to this section.

c. The commission shall issue medical cannabis handler certifications to qualified applicants to perform work described in subsection a. of this section. The commission shall adopt rules and regulations establishing: the qualifications for performing work described in subsection a. of this section; the terms of a medical cannabis handler certification issued pursuant to this section; procedures for applying for and renewing a medical cannabis handler certification issued pursuant to this section; and reasonable application, issuance, and renewal fees for a medical cannabis handler certification issued pursuant to this section.

d. The commission may require an individual applying for a medical cannabis handler certification under this section to successfully complete a course, to be made available by or through the commission, in which the individual receives training on: verifying the registration status of patients, designated caregivers, and institutional caregivers; handling medical cannabis; statutory and regulatory provisions relating to medical cannabis; and any matter deemed necessary by the commission to protect the public health and safety. The commission or other provider may charge a reasonable fee for the course.

The commission shall not require an individual to successfully complete the course required pursuant to this subsection more than once, except that the commission may adopt regulations directing continuing education training on a prescribed schedule. The course may comprise part of the eight hours of training required for employees of medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries, and clinical registrants pursuant to paragraph (1) of subsection j. of section 7 of P.L.2009, c.307 (C.24:6I-7).

As part of a final order suspending a medical cannabis handler certification issued pursuant to this section, the commission may require the holder of a medical cannabis handler certification to successfully complete the course described in this subsection as a condition of lifting the suspension; and as part of a final order revoking a medical cannabis handler certification issued pursuant to this section, the commission shall require an individual to successfully complete the course described in this subsection prior to applying for a new medical cannabis handler certification.

e. The commission shall deny an application to any applicant who fails to provide information, documentation, and assurances as required by P.L.2009, c.307 (C.24:6I-1 et al.) or as requested by the commission, or who fails to reveal any fact material to qualification, or who supplies information which is untrue or misleading as to a material fact pertaining to the qualification criteria for medical cannabis handler certification.

f. The commission may suspend, revoke, or refuse to renew a medical cannabis handler certification if the individual who is applying for or who holds the certification: violates any provision of P.L.2009, c.307 (C.24:6I-1 et al.) or any rule or regulation adopted by the commission; makes a false statement to the commission; or refuses to cooperate in any investigation by the commission.

g. A medical cannabis handler certification issued pursuant to this section is a personal privilege and permits work described in subsection a. of this section only for the individual who holds the certification.

h. The commission shall enact rules and regulations governing the transfer of medical cannabis and medical cannabis products between medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries, clinical registrants, and testing laboratories, which regulations shall require, at a minimum:

(1) Transfer of medical cannabis and medical cannabis products shall be made directly to the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, or testing laboratory receiving the medical cannabis or medical cannabis product.

(2) Transfers shall be performed by a medical cannabis handler who is certified by the department to perform transfers and is at least 18 years of age. Transfers of medical cannabis may be performed by a medical cannabis handler who is an employee of the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant providing or receiving the transfer or by an independent third party who has entered into a contract with a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant to perform transfers of medical cannabis, which contract may provide for a one-time transfer of medical cannabis or for ongoing transfers of medical cannabis. A medical cannabis handler holding a transfer certification issued by the commission may simultaneously hold a delivery certification issued by the commission, subject to the requirements of paragraph (2) of subsection i. of this section.

(3) Medical cannabis shall not be transferred to an address located on land owned by the federal government or any address on land or in a building leased by the federal government.

(4) All transfers of medical cannabis shall be made in person. A transfer of medical cannabis shall not be made through the use of an unmanned vehicle.

(5) Each certified medical cannabis handler shall carry a copy of the individual’s medical cannabis handler certification card and transfer certification card when performing a transfer. The medical cannabis handler shall present the certification cards upon request to State and local law enforcement and to State and local regulatory authorities and agencies.

(6) Each certified medical cannabis handler engaged in a transfer of medical cannabis shall have access to a secure form of communication with the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant that furnished the medical cannabis to the handler for transfer, such as a cellular telephone, at all times that the handler is in possession of medical cannabis for transfer.

(7) During transfer, the certified medical cannabis handler shall maintain a physical or electronic copy of the transfer order, and shall make it available upon request to State and local law enforcement and to State and local regulatory authorities and agencies.

(8) Vehicles used for the transfer of medical cannabis shall be equipped with a secure lockbox in a secured cargo area, which shall be used for the sanitary and secure transport of medical cannabis.

(9) A certified medical cannabis handler shall not leave medical cannabis in an unattended vehicle unless the vehicle is locked and equipped with an active vehicle alarm system.

(10) A transfer vehicle shall contain a Global Positioning System (GPS) device for identifying the geographic location of the vehicle. The device shall be either permanently or temporarily affixed to the vehicle while the vehicle is in operation, and the device shall remain active and in the possession of the certified medical cannabis handler at all times while the vehicle is being used for the transfer of medical cannabis. At all times, the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant that furnished the medical cannabis to the handler for transfer shall be able to identify the geographic location of all vehicles that are making transfers for that entity and shall provide that information to the commission upon request.

(11) Each entity that employs a medical cannabis handler certified to perform transfers of medical cannabis shall provide the commission with current information concerning all vehicles utilized for medical cannabis transfers, including each vehicle’s make, model, color, Vehicle Identification Number, license plate number, and vehicle registration.

(12) Each medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, and clinical registrant that engages in, or contracts with an independent third party to perform, transfers of medical cannabis shall maintain current hired and non-owned automobile liability insurance sufficient to insure all transfer vehicles in the amount of not less than $1,000,000 per occurrence or accident.

(13) Transfer vehicles shall bear no markings that would either identify or indicate that the vehicle is used to transport medical cannabis.

(14) All transfers of medical cannabis shall be completed in a timely and efficient manner.

(15) While performing transfers of medical cannabis, a certified medical cannabis handler shall only travel from the premises of the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant furnishing the medical cannabis to the transfer address; from one transfer address to another transfer address; from a testing laboratory back to the medical cannabis cultivator, medical cannabis manufacturer, or clinical registrant that furnished the medical cannabis for testing purposes, or from a transfer address back to the premises of the medical cannabis handler’s employer. A medical cannabis handler shall not deviate from the route described in this paragraph, except in the event of emergency or as necessary for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable.

(16) The process of transfer shall begin when the certified medical cannabis handler leaves the premises of the medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, or testing laboratory with medical cannabis for transfer. The process of transferring medical cannabis ends when the medical cannabis handler returns to the premises of the medical cannabis handler’s employer after completing the transfer.

(17) Each medical cannabis handler performing transfers of medical cannabis shall maintain a record of each transfer in a log, which may be written or electronic. For each transfer, the log shall record:

(a) The date and time that the transfer began and ended;

(b) The handler’s name, medical cannabis handler certification number, and medical cannabis transfer certification number;

(c) The tracking number of the medical cannabis; and

(d) The signature and employee identification number of the employee accepting the transfer.

(18) A medical cannabis handler shall report any vehicle accidents, diversions, losses, or other reportable events that occur during transfer of medical cannabis to the appropriate State and local authorities, including the commission. A medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant furnishing medical cannabis for transfer or accepting the transfer of medical cannabis shall have no criminal liability for any vehicle accidents, diversions, losses, or other reportable events that occur during the transfer.

i. The commission shall enact rules and regulations governing the delivery of medical cannabis, including medical cannabis products, to a registered qualifying patient, designated caregiver, or institutional caregiver by a medical cannabis dispensary, which regulations shall require, at a minimum:

(1) Delivery of medical cannabis shall only be made to a registered qualifying patient at the patient’s home or secondary address, to the patient’s designated caregiver at the caregiver’s home address, or directly to the patient’s institutional caregiver at the health care facility where the patient is a current patient or resident; except that the commission shall establish a process for registered qualifying patients to request delivery directly to the patient at an alternate address in cases of need.

(2) Deliveries shall be performed by a medical cannabis handler who is certified by the department to perform deliveries and is at least 18 years of age. Deliveries may be performed by an employee of a medical cannabis dispensary or clinical registrant or by an independent third party who has entered into a contract with a medical cannabis dispensary or clinical registrant to perform deliveries of medical cannabis, which contract may provide for a one-time delivery or for ongoing deliveries of medical cannabis. A medical cannabis handler holding a delivery certification issued by the commission may simultaneously hold a transfer certification issued by the commission.

(3) Medical cannabis shall not be delivered to an address located on land owned by the federal government or any address on land or in a building leased by the federal government.

(4) All deliveries of medical cannabis shall be made in person. Delivery of medical cannabis shall not be made through the use of an unmanned vehicle.

(5) Each certified medical cannabis handler shall carry a copy of the individual’s medical cannabis handler certification card and delivery certification card when performing a delivery of medical cannabis. The medical cannabis handler shall present the certification cards upon request to State and local law enforcement and to State and local regulatory authorities and agencies.

(6) Each certified medical cannabis handler engaged in a delivery of medical cannabis shall have access to a secure form of communication with the medical cannabis dispensary or clinical registrant that furnished the medical cannabis to the handler for delivery, such as a cellular telephone, at all times that the handler is in possession of medical cannabis for delivery.

(7) During delivery, the certified medical cannabis handler shall maintain a physical or electronic copy of the delivery request, and shall make it available upon request to State and local law enforcement and to State and local regulatory authorities and agencies.

(8) Delivery vehicles shall be equipped with a secure lockbox in a secured cargo area, which shall be used for the sanitary and secure transport of medical cannabis.

(9) A certified medical cannabis handler shall not leave medical cannabis in an unattended vehicle unless the vehicle is locked and equipped with an active vehicle alarm system.

(10) A delivery vehicle shall contain a Global Positioning System (GPS) device for identifying the geographic location of the vehicle. The device shall be either permanently or temporarily affixed to the vehicle while the vehicle is in operation, and the device shall remain active and in the possession of the certified medical cannabis handler at all times during which the vehicle is engaged in the delivery of medical cannabis. At all times, the medical cannabis dispensary or clinical registrant that furnished the medical cannabis to the handler for delivery shall be able to identify the geographic location of all vehicles that are making deliveries for that entity and shall provide that information to the commission upon request.

(11) Each entity that employs a medical cannabis handler certified to deliver medical cannabis shall provide the commission with current information concerning all vehicles utilized for medical cannabis deliveries, including each vehicle’s make, model, color, Vehicle Identification Number, license plate number, and vehicle registration.

(12) A medical cannabis dispensary or clinical registrant furnishing medical cannabis to a medical cannabis handler for delivery shall maintain current hired and non-owned automobile liability insurance sufficient to insure all delivery vehicles in the amount of not less than $1,000,000 per occurrence or accident.

(13) Delivery vehicles shall bear no markings that would either identify or indicate that the vehicle is used to transport medical cannabis.

(14) All deliveries of medical cannabis shall be completed in a timely and efficient manner.

(15) While performing deliveries of medical cannabis, a certified medical cannabis handler shall only travel from the premises of the medical cannabis dispensary or clinical registrant furnishing the medical cannabis to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the premises of the medical cannabis handler’s employer. A medical cannabis handler shall not deviate from the route described in this paragraph, except in the event of emergency or as necessary for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable.

(16) The process of delivery shall begin when the certified medical cannabis handler leaves the premises of the medical cannabis dispensary or clinical registrant with medical cannabis for delivery. The process of delivering medical cannabis ends when the medical cannabis handler returns to the premises of the medical cannabis handler’s employer after completing the delivery.

(17) Each medical cannabis handler performing deliveries of medical cannabis shall maintain a record of each delivery in a log, which may be written or electronic. For each delivery, the log shall record:

(a) The date and time that the delivery began and ended;

(b) The handler’s name, medical cannabis handler certification number, and medical cannabis delivery certification number;

(c) The tracking number of the medical cannabis; and

(d) The signature and registry number of the patient or caregiver who accepted delivery.

(18) A medical cannabis handler shall report any vehicle accidents, diversions, losses, or other reportable events that occur during delivery of medical cannabis to the appropriate State and local authorities, including the commission. A medical cannabis dispensary or clinical registrant furnishing medical cannabis for delivery shall have no criminal liability for any vehicle accidents, diversions, losses, or other reportable events that occur during delivery after such time as the dispensary or clinical registrant, as applicable, furnishes medical cannabis for delivery.

(19) A medical cannabis dispensary or clinical registrant shall be authorized to use any medical cannabis handler employed by the dispensary or clinical registrant or any independent third party medical cannabis handler that is not employed by a medical cannabis dispensary or clinical registrant for the purposes of delivering medical cannabis, and, subject to the requirements of paragraph (2) of this subsection, an independent third party medical cannabis handler possessing a delivery certification who is not employed by any medical cannabis dispensary or clinical registrant shall be authorized to provide medical cannabis transport services to any medical cannabis dispensary or clinical registrant.

j. Medical cannabis may be transferred or delivered, consistent with the requirements of subsections h. and i. of this section, respectively, to any location in the State. In no case may a municipality restrict transfers or deliveries of medical cannabis within that municipality by adoption of municipal ordinance or any other measure, and any restriction to the contrary shall be deemed void and unenforceable.

k. The commission may authorize the use of an Internet-based web service developed and maintained by an independent third party entity that does not hold any permit, license, or certificate issued pursuant to P.L.2009, c.307 (C.24:6I-1 et al.), and is not a significantly involved person or other investor in any permit holder, which web service may be used by registered qualifying patients, designated caregivers, and institutional caregivers to request or schedule deliveries of medical cannabis pursuant to subsection i. of this section.

NJ Statute 24:6I-44

24:6I-44

Personal use cannabis handlers, transportation and delivery of cannabis and cannabis items.

27. Personal Use Cannabis Handlers; Transportation and Delivery of Cannabis and Cannabis Items.
a. (1) An individual who performs work for or on behalf of a person who holds a license classified pursuant to section 20, 22, 23, 24, 25, or 26 of P.L.2021, c.16 (C.24:6I-37, C.24:6I-39, C.24:6I-40, C.24:6I-41, C.24:6I-42, or C.24:6I-43) shall have a valid certification issued by the commission under this section if the individual participates in:

(a) the possession, securing, or selling of cannabis or cannabis items at the premises for which the license has been issued;

(b) the recording of the possession, securing, or selling of cannabis or cannabis items at the premises for which the license has been issued; or

(c) the transportation of cannabis or cannabis items between licensed cannabis establishments or testing facilities, or delivery of cannabis items to consumers.

(2) An individual who has a valid certification as a personal use cannabis handler issued under this section may also simultaneously have a valid certification as a medical cannabis handler issued under section 27 of P.L.2019, c.153 (C.24:6I-20) to perform work for or on behalf of entities issued medical cannabis permits or licenses as described in subsection a. of that section.

b. A person who holds a license classified pursuant to section 20, 22, 23, 24, 25, or 26 of P.L.2021, c.16 (C.24:6I-37, C.24:6I-39, C.24:6I-40, C.24:6I-41, C.24:6I-42, or C.24:6I-43) shall verify that an individual has a valid certification issued under this section before allowing the individual to perform any work described in this section for which the license has been issued pursuant to those sections.

c. The commission shall issue certifications to qualified applicants to perform work described in this section. The commission shall adopt rules and regulations establishing: the qualifications for performing work described in this section; the terms of a certification issued under this section; procedures for applying for and renewing a certification issued under this section; and reasonable application, issuance, and renewal fees for a certification issued under this section.

d. (1) (a) The commission may require an individual applying for a certification under this section to successfully complete a course, made available by or through the commission, in which the individual receives training on: checking identification; detecting intoxication; handling cannabis and cannabis items; statutory and regulatory provisions relating to cannabis; and any matter deemed necessary by the commission to protect the public health and safety. The commission or other provider may charge a reasonable fee for the course.

(b) The commission shall not require an individual to successfully complete the course more than once, except that the commission may adopt regulations directing continuing education training on a prescribed schedule.

(2) As part of a final order suspending a certification issued under this section, the commission may require a holder of a certification to successfully complete the course as a condition of lifting the suspension, and as part of a final order revoking a certification issued under this section the commission shall require an individual to successfully complete the course prior to applying for a new certification.

e. (1) Each individual applying for a certification under this section shall undergo a criminal history record background check. The commission is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable State and federal laws, rules, and regulations. The Division of State Police shall forward criminal history record background information to the commission in a timely manner when requested pursuant to the provisions of this subsection.

(2) Each individual shall submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. No check of criminal history record background information shall be performed pursuant to this subsection unless the individual has furnished written consent to that check. Any individual who refuses to consent to, or cooperate in, the securing of a check of criminal history record background information shall not be considered for a certification. Each individual shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.

(3) Upon receipt and review of the criminal history record background information from the Division of State Police and the Federal Bureau of Investigation, the commission shall provide written notification to the individual of the qualification or disqualification for a certification. If the individual is disqualified because of a disqualifying conviction as set forth in subsection f. of this section, the conviction that constitutes the basis for the disqualification shall be identified in the written notice.

(4) The Division of State Police shall promptly notify the commission in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this subsection is convicted of a crime in this State after the date the background check was performed. Upon receipt of that notification, the commission shall make a determination regarding the continued eligibility to hold a certification.

f. (1) (a) With respect to determining whether any conviction of an individual contained in the criminal history record background check should disqualify an applicant for a certification, the commission shall not take into consideration any conviction for a crime or offense that occurred prior to the effective date of P.L.2021, c.16 (C.24:6I-31 et al.) involving a controlled dangerous substance or controlled substance analog as set forth in paragraph (11) or (12) of subsection b., or subparagraph (b) of paragraph (10) of subsection b. of N.J.S.2C:35-5, or paragraph (3) or (4) of subsection a. of N.J.S.2C:35-10, or any similar indictable offense under federal law, this State’s law, or any other state’s law, or for any conviction under federal law for conduct involving cannabis or a cannabis item that is authorized by P.L.2021, c.16 (C.24:6I-31 et al.). Additionally, the commission shall not take into consideration any other prior conviction, unless that conviction is for an indictable offense under federal law, other than a conviction for conduct involving cannabis or a cannabis item that is authorized by P.L.2021, c.16 (C.24:6I-31 et al.), or under this State’s law, or any other state’s law that is substantially related to the qualifications, functions, or duties for which certification is required, and not more than five years have passed since the date of that conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later. In determining which indictable offenses are substantially related to the qualifications, functions, or duties for which certification is required, the commission shall at least consider any conviction involving fraud, deceit, or embezzlement, and any conviction for N.J.S.2C:35-6, employing a minor in a drug distribution scheme, or similar indictable offense in this or another jurisdiction involving the use of a minor to dispense or distribute a controlled dangerous substance or controlled substance analog;

(b) The commission may approve an applicant for a certification after conducting a thorough review of any previous conviction of a person that substantially related to the qualifications, functions, or duties for which certification is required that is contained in the criminal history record background information, and this review shall include examining the nature of the indictable offense, the circumstances at the time of committing the offense, and evidence of rehabilitation since conviction. If the commission determines that the reviewed conviction should not disqualify the applicant, the applicant may be approved so long as the applicant is otherwise qualified to be issued the certification.

g. The commission shall deny an application to any applicant who fails to provide information, documentation and assurances as required by P.L.2021, c.16 (C.24:6I-31 et al.) or as requested by the commission, or who fails to reveal any material fact to qualification, or who supplies information which is untrue or misleading as to a material fact pertaining to the qualification criteria for certification.

h. The commission may suspend, revoke, or refuse to renew a certification if the individual who is applying for or who holds the certification: violates any provision of P.L.2021, c.16 (C.24:6I-31 et al.) or any rule or regulation adopted under P.L.2021, c.16 (C.24:6I-31 et al.); makes a false statement to the commission; or refuses to cooperate in any investigation by the commission.

i. A certification issued under this section is a personal privilege and permits work described under subsection a. of this section only for the individual who holds the certification.

j. In addition to the requirements for regulations set forth in paragraph (1) of subsection d. of section 6 of P.L.2021, c.16 (C.24:6I-34) the commission shall promulgate regulations to allow for a cannabis retailer’s customer orders of cannabis items and related supplies to be delivered off-premises by a certified cannabis handler performing work for or on behalf of a cannabis retailer, as well as a certified cannabis handler employed by a cannabis delivery service providing courier services for consumer purchases of cannabis items and related supplies fulfilled by the cannabis retailer, and which regulations shall include, but not be limited to, the following requirements:

(1) Deliveries shall be made only to a residence, including a temporary residence, in this State.

(2) Deliveries shall be made only to a legal consumer by a certified cannabis handler who is an employee of a cannabis retailer, cannabis delivery service, or an approved contractor vender for a cannabis retailer.

(3) Deliveries shall not be made to a residence located on land owned by the federal government or any residence on land or in a building leased by the federal government.

(4) Each delivery vehicle shall be staffed by a certified cannabis handler who is an employee of the cannabis retailer or cannabis delivery service who shall be at least 18 years of age, or use an approved contract vendor whose certified cannabis handler delivery employees shall be at least 18 years of age.

(5) All deliveries of cannabis items shall be made in person. A delivery of cannabis items shall not be made through the use of an unmanned vehicle.

(6) Each certified cannabis handler shall carry a cannabis employee, cannabis delivery service, or contract vendor identification card. The cannabis handler shall present the identification card upon request to State and local law enforcement, and State and local regulatory authorities and agencies.

(7) Each certified cannabis handler shall have access to a secure form of communication with the cannabis retailer or cannabis delivery service making a customer delivery of a purchase order fulfilled by the cannabis retailer, such as a cellular telephone, at all times that a delivery vehicle contains cannabis items.

(8) During delivery, the certified cannabis handler shall maintain a physical or electronic copy of the customer’s delivery request and shall make it available upon request to State and local law enforcement, and State and local regulatory authorities and agencies.

(9) Delivery vehicles shall be equipped with a secure lockbox in a secured cargo area, which shall be used for the sanitary and secure transport of cannabis items.

(10) A certified cannabis handler shall not leave cannabis items in an unattended delivery vehicle unless the vehicle is locked and equipped with an active vehicle alarm system.

(11) A delivery vehicle shall contain a Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle. The device shall be either permanently or temporarily affixed to the delivery vehicle while the delivery vehicle is in operation, and the device shall remain active and in the possession of the certified cannabis handler at all times during delivery. At all times, the cannabis retailer or cannabis delivery service shall be able to identify the geographic location of all delivery vehicles that are making deliveries for the cannabis retailer, or for the cannabis delivery service making deliveries of costumer purchase orders fulfilled by the cannabis retailer, as the case may be, and shall provide that information to the commission upon request.

(12) Upon request, a cannabis retailer or cannabis delivery service shall provide the commission with information regarding any vehicles used for delivery, including the vehicle’s make, model, color, Vehicle Identification Number, license plate number, and vehicle registration.

(13) Each cannabis retailer, delivery service, or contract vendor of a cannabis retailer shall maintain current hired and non-owned automobile liability insurance sufficient to insure all vehicles used for delivery of cannabis in the amount of not less than $1,000,000 per occurrence or accident.

(14) Each cannabis retailer and cannabis delivery service shall ensure that vehicles used to deliver cannabis items bear no markings that would either identify or indicate that the vehicle is used to deliver cannabis items.

(15) Each cannabis retailer and cannabis delivery service shall ensure that deliveries are completed in a timely and efficient manner.

(16) While making residential deliveries, a certified cannabis handler shall only travel from the cannabis retailer’s licensed premises, or as part of a cannabis delivery service or contract vendor deliveries, between multiple cannabis retailers, then to a residence for delivery; from one residential delivery to another residence for residential delivery; or from a residential delivery back to the cannabis retailer’s or cannabis delivery services’ licensed premises. A cannabis handler shall not deviate from the delivery path described in this paragraph, except in the event of emergency or as necessary for rest, fuel, or vehicle repair stops, or because road conditions make continued use of the route or operation of the vehicle unsafe, impossible, or impracticable.

(17) The process of delivery begins when the certified cannabis handler leaves the cannabis retailer’s licensed premises with the customer’s purchase order of a cannabis item for delivery. The process of delivering ends when the cannabis handler returns to the cannabis retailer’s licensed premises, or delivery service’s or contract vendor’s premises, after delivering the cannabis item to the consumer.

(18) Each cannabis retailer and cannabis delivery service shall maintain a record of each cannabis item delivery in a delivery log, which may be written or electronic. For each delivery, the log shall record:

(a) The date and time that the delivery began and ended;

(b) The name of the certified cannabis handler;

(c) The cannabis item delivered;

(d) The batch or lot number of the cannabis item; and

(e) The signature of the consumer who accepted delivery.

(19) A cannabis retailer or cannabis delivery service shall report any vehicle accidents, diversions, losses, or other reportable events that occur during delivery to the appropriate State and local authorities, including the commission.

k. Any cannabis or cannabis item may be transported or delivered, consistent with the requirements set forth in this section and regulations promulgated by the commission, to any location in the State. As set forth in section 33 of P.L.2021, c.16 (C.24:6I-46), in no case may a municipality restrict the transportation or deliveries of cannabis items to consumers within that municipality by adoption of a municipal ordinance or any other measure, and any restriction to the contrary shall be deemed void and unenforceable.

l. The commission may authorize the use of an Internet-based web service developed and maintained by an independent third party entity that does not hold any license or certificate issued pursuant to P.L.2021, c.16 (C.24:6I-31 et al.), and is not a significantly involved person or other investor in any licensee, which may be used by cannabis retailers to receive, process, and fulfill orders by consumers, or used by consumers to request or schedule deliveries of cannabis items pursuant to subsection j. of this section.

NJ Statute 45:5A-2

45:5A-2

Definitions

2. For the purpose of this act, unless otherwise indicated by the context:

(a) “Act” means this act, P.L.1962, c.162 (C.45:5A-1 et seq.) and the rules and regulations adopted under it;

(b) “Board” means the Board of Examiners of Electrical Contractors created by section 3 of this act;

(c) “Department” means the Department of Law and Public Safety;

(d) “Electrical contractor” means a person who engages in the business of contracting to install, erect, repair or alter electrical equipment for the generation, transmission or utilization of electrical energy;

(e) “Person” means a person, firm, corporation or other legal entity;

(f) “Alarm business” means the sales, installation, servicing or maintenance of burglar alarm, fire alarm or electronic security systems, or the monitoring or responding to alarm signals when provided in conjunction therewith. “Alarm business” shall also include the installation, sales, servicing or maintenance of a smoke detection system or a smoke aspiration system in one or two family detached residential dwellings, or both; and the type of alarm business that engages in the installation, sales, servicing or maintenance of (1) perimeter intrusion protection systems; (2) unmanned aerial drones used to protect a premise, building, or complex; and (3) any artificial intelligence and evolving technology used for physical security applications consisting of a device or machine, computer or software used for detection, security, surveillance, monitoring of unauthorized access, or providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots or machines. “Installation,” as used in this definition, includes the survey of a premises, the design and preparation of the specifications for the equipment or system to be installed pursuant to a survey, the installation of the equipment or system, or the demonstration of the equipment or system after the installation is completed, but does not include any survey, design or preparation of specifications for equipment or for a system that is prepared by an engineer licensed pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.), or an architect licensed pursuant to the provisions of chapter 3 of Title 45 of the Revised Statutes, if the survey, design, or preparation of specifications is part of a design for construction of a new building or premises or a renovation of an existing building or premises, which renovation includes components other than the installation of a burglar alarm, fire alarm or electronic security system, and further does not include the design or preparation of specifications for the equipment or system to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L.1938, c.342 (C.45:8-28);

(g) “Burglar alarm” means a security system comprised of an interconnected series of alarm devices or components, including systems interconnected with radio frequency signals, or Internet protocol and any successor protocols, which emits an audible, visual or electronic signal indicating an alarm condition and providing a warning of intrusion, which is designed to discourage crime. “Burglar alarms” include but are not limited to perimeter intrusion protection systems and perimeter fence intrusion protection systems;

(h) “Business firm” means a partnership, corporation or other business entity engaged in the alarm business or locksmithing services;

(i) “Committee” means the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee created by section 3 of P.L.1997, c.305 (C.45:5A-23);

(j) “Electronic security system” means a security system comprised of an interconnected series of devices or components, or Internet protocol and any successor protocols, including systems with audio and video signals, or perimeter intrusion protection systems, or other electronic systems, which emits or transmits an audible, visual or electronic signal warning of intrusion and provides notification of authorized entry or exit, which is designed to discourage crime. “Electronic security system” shall include access control systems, CCTV systems, intercom systems, automation systems when integrating with security devices, perimeter intrusion protection systems, and other electronic monitoring devices;

(k) “Fire alarm” means a system comprised of an interconnected series of alarm devices or components, and notification appliances, including systems interconnected with radio frequency signals, which emits an audible, visual or electronic signal indicating an alarm condition and which provides a warning of the presence of gas, smoke or fire, or a notification of emergency evacuation. “Fire alarm” does not mean a system whose primary purpose is telecommunications with energy control, the monitoring of the interior environment being an incidental feature thereto;

(l) “Licensed locksmith” means a person who is licensed pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

(m) “Licensee” means a person licensed to engage in the alarm business or provide locksmithing services pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

(n) “Locksmithing services” means the modification, recombination, repair or installation of mechanical locking devices and electronic security systems for any type of compensation and includes the following: repairing, rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes, automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices and electronic security systems; except that “locksmithing services” shall not include the installation of a prefabricated lock set and door knob into a door of a residence;

(o) Class A journeyman electrician” means a person licensed pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.) or P.L.2001, c.21 (C.45:5A-11.1 et al.), as a Class A journeyman electrician by the board;

(p) “Access control system” means a system that provides access to authorized persons and may record and report which persons entered or exited a facility or areas within a facility, which doors or areas were accessed while persons are within a facility, and the time that such activity occurred. “Access control systems” may include the use of keys, access cards, locks, card readers, biometric identification devices, recorders, printers and control devices. “Access control systems” may be independent systems or may be integrated with other electronic security systems or internet protocol and any successor protocols;

(q) “Closed circuit television” or “CCTV” means a video security system that may include video cameras, Internet protocol cameras, monitors, switches, camera enclosures, controls, and other related devices. “Closed circuit television” shall include an independent system or system that is integrated with other electronic security systems or Internet protocol and any successor protocols;

(r) “Internet protocol and any successor protocol” means a protocol that integrates with any electronic security devices in any existing and future data network protocols to carry alarm signals or video transmission signals or fire alarm signals or any security system now and in the future;

(s) “Intercom system” means an audio security communication system containing control circuitry that may include a feature designed to selectively release electronically secured doors or capable of viewing an image at the same time;

(t) “Perimeter intrusion protection system” means a device, machine, computer or software used for detection, security, surveillance, or monitoring of unauthorized access, providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots, machines, computers, or software with minimal human intervention, and is a type or component of a security system;

(u) “Perimeter fence intrusion protection system” means a perimeter intrusion protection system that satisfies the requirements established pursuant to section 2 of P.L.2021, c.2 (C.45:5A-54), and all attached system components or equipment, including but not limited to a fence, an energizer powered by a commercial storage battery not exceeding 12 volts dc, which produces a short electric pulsed charge upon contact with the fence, and battery charging device used exclusively to charge the battery, or utilization of microwave energy or radio frequencies for perimeter intrusion protection, and any successor technologies used for perimeter intrusion protection, and is a type or component of a security system;

(v) “Smoke aspiration system” means a smoke detection system that takes samples of the air and tests them for presence of smoke;

(w) “Smoke detection system” means an electronic system consisting of a control unit, which may be a component of a combination fire and burglar control panel, or one or more smoke aspiration systems, smoke detectors, heat detectors, gas detectors, if required, audible appliances, and battery back-up, as utilized in one or two family detached residential dwellings, or both;

(x) “Branch circuit wiring” means the circuit conductors between the final overcurrent device protecting the circuit and the outlet or outlets;

(y) “Class A electrical apprentice” means an individual licensed pursuant to P.L.2021, c.479 (C.45:5A-11.7 et al.) who enrolled in an electrical apprenticeship program accredited and approved by the US Department of Labor and who performs electrical work under the supervision of a licensed electrical contractor or Class A journeyman electrician;

(z) “Class B wireman” means an individual licensed to pursuant to P.L.2021, c.479 (C.45:5A-11.7 et al.) who performs electrical work under the supervision of a licensed electrical contractor or Class A journeyman electrician.

NJ Statute 52:9X-12

52:9X-12

SMART Research and Development Compact ratified.

The State of New Jersey hereby ratifies the SMART Research and Development Compact with any other state legally joining therein, which compact is substantially as follows:

ARTICLE V
Not including state representatives, the Board of Directors of the organization and technology working groups may represent and originate from the following technology classes: information technology, sensors, rotorcraft technology, manufacturing technology, fire and emergency medical services, financial technology, alternative fuels, nanotechnology, electronics, environmental, telecommunications, chemical and biological, biomedical, opto-electric, materials and aerospace, and defense systems including directed energy, missile defense, future combat systems, and UAVs. The organization may at any time, upon approval by the Board of Directors, designate and assign new technology classes and may at any time remove an existing technology class from this list and the organization’s activities.

Bernards Township Ordinance 10-1.1.5

Bernards Township Ordinance 10-1.1.5

Prohibited Conduct

The following conduct and activities are prohibited at any park or recreation facility. Any exceptions are noted. A request to deviate from this list of prohibited conduct may be submitted in the form of a special event and amusement device application, which is subject to Township Committee approval.

The flying and/or launching of unmanned aircraft by the public, including model or remote control airplanes, helicopters, recreational drones and rockets, is prohibited. This shall not prohibit any federal, state, county or municipal agency, law enforcement agency or emergency services organization from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.

Borough of Allendale Chapter 118

Borough of Allendale Chapter 118

118-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Data Collection: The acquisition of information by use of one or more sensing devices.

Drone: An UA that can fly under the control of a remote pilot or by a geographic positions system (“GPS”) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.

Sensing Device: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, Wi-Fi, or other data frequencies).

Unmanned Aircraft: An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.

118-2 Regulations; prohibited acts.

A. Except as otherwise provided in § 118-3, drones are prohibited from flying in any airspace below 400 feet within the Borough.

B. Except as otherwise provided in § 118-3, UA are prohibited from flying in any airspace below 400 feet with the Borough in:

(1) The airspace over any residential or commercial zoned area in the Borough;

(2) The airspace over any roads with the Borough; and

(3) The airspace over any government or public buildings, property, or parks with the Borough.

118-3 Exceptions.

A. This chapter shall not prohibit the constitutional use of drones and UA by any law enforcement agency or emergency services organization of or servicing the Borough, the State of New Jersey, or the USA for lawful purposes and in a lawful manner.

B. This chapter shall not prohibit any federal, state, county, or municipal agency from the use of drones and UA for any lawful and authorized purpose pursuant to applicable regulation.

C. This chapter shall not prohibit individuals and entities from the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.

D. Notwithstanding the provisions of this chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with specific FAA regulations, if any, shall not be permitted.

E. This chapter shall not prohibit the use of unmanned aircraft by:

(1) Any federal, state, county, or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or

(2) An owner of private property in the Borough in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in the Borough with that property owner’s consent.

118-4 Violations and penalties; enforcement.

A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-18, General penalty, and shall be enforced by the Police Department or the Administrative Officer of the Borough of Allendale. The Chief of Police and/or the Administrative Officer may authorize a waiver of any of the requirements or limitations of this chapter.

Borough of Bay Head Chapter 217

Borough of Bay Head Chapter 217

As used in this chapter, the following terms shall have the meanings indicated:
Data Collection: The acquisition of information by use of one or more sensing devices.
Drone: An unmanned aircraft that can fly under the control of a remote pilot or by a global positions system (“GPS”) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
Sensing Device: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, Wi-Fi, or other data frequencies).
Unmanned Aircraft: An unmanned vehicle or device of any size that is capable of remote control flight by any means device, is not capable of any data collection, and that does not possess any sensing devices.
A. Drone operators must follow all federal and state regulations pertaining to the operation of unmanned aircraft, including but not limited to:
(1) The requirement to keep the aircraft within the visual line of sight of a designated visual observer;
(2) The requirement to obtain a remote pilot certificate from the FAA, if applicable; and
(3) Operations of unmanned aircraft at night, during twilight and over persons.
B. To fly an unmanned aircraft as a hobbyist in the State of New Jersey, users are required by FAA Regulations to take The Recreational UAS Test (TRUST) and to follow the FAA model aircraft rules.

A. Except as otherwise provided in § 217-4, drones and unmanned aircraft are prohibited from being launched from, or landing on, any government or public buildings, property, or parks within the Borough unless prior written permission has been granted by the Borough Chief of Police for a special event or Borough-sponsored event.

B. It shall be considered a nuisance for a drone or unmanned aircraft to be used:

(1) For the purpose of conducting surveillance unless expressly permitted by court order;

(2) For the purpose of capturing a person’s visual image, audio recording or physical impression in any place where that person would have a reasonable expectation of privacy;
(3) Over any emergency response efforts;
(4) With the intent to harass, annoy, or assault a person by flying within close proximity of their person.

A. This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Borough, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.

B. This chapter shall not prohibit any federal, state, county or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.
C. This chapter shall not prohibit the use of unmanned aircraft by any federal, state, county or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner.

A. Unless otherwise specified herein, for a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.

B.  All fines and penalties under this chapter may be paid directly to the Municipal Court Administrator, unless otherwise indicated by the officer issuing the summons.

Borough of Beachwood Chapter 3-25

Data Collection: Shall mean the acquisition of information by use of one or more sensing devices.
Drone: Shall mean an unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system (“GPS”) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
Sensing Device: Shall mean a device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).
Unmanned Aircraft: Shall mean an unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.
a. Except as otherwise provided in subsection 3-25.3, drones are prohibited from flying in any airspace below 400 feet within the Borough of Beachwood.
b. Except as otherwise provided in subsection 3-25.3, unmanned aircraft are prohibited from flying in any airspace below 400 feet within the Borough of Beachwood in:

1. The airspace over any residential or commercial zoned area in the Borough of Beachwood;

2. The airspace over any roads within the Borough of Beachwood; and
3. The airspace over any government or public buildings, property, or parks within the Borough of Beachwood.
a. This section shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Borough of Beachwood, the State of New Jersey, or the United States of America for lawful purposes and in a lawful manner.
b. This section shall not prohibit any Federal, State, County or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.
c. This section shall not prohibit individuals and entities from the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.
d. Notwithstanding the provisions of this section, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with specific FAA regulations, if any.
e. This section shall not prohibit the use of unmanned aircraft by:

1. Any Federal, State, County or Municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or

2. An owner of private property in the Borough of Beachwood in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in Beachwood with that property owner’s consent.
A violation of this section shall be punishable by a maximum fine of $1,000 and/or up to 90 days in jail.

 

Borough of Franklin Lakes Chapter 137

Borough of Franklin Lakes Chapter 137

137-1 Purpose.

The purpose of this chapter is to regulate SUA, commonly known as drones, to protect the privacy of persons and property, and to protect the public health, welfare, and safety.

137-2 Definition.

For purposes of this chapter, “small unmanned aircraft” shall mean an unmanned vehicle or device that can fly under the control of a remote pilot or by a geographic positions systems guided autopilot mechanism.

137-3 Regulations; restrictions.

A. SUA shall not operate in any airspace below 400 feet within the Borough:

(1) Over private property, without the permission of the private property owner;

(2) Over any street;

(3) Over any Borough building, without the permission of the Mayor and Council;

(4) Between dusk and dawn; and

(5) Over any persons not directly participating in the operation of the aircraft, or where there are persons not directly participating in the operation of the aircraft located within 100 feet of the perimeter of the area over which the aircraft is being operated.

B. All other uses of public property shall have priority over use of public property for the operation of SUA.

137-4 Exceptions.

A. This chapter shall not prohibit any federal, state, county or municipal agency including, but not limited to, any law enforcement agency or emergency services organization from the use of SUA for any lawful and authorized purpose pursuant to and in accordance with applicable regulations.

B. This chapter shall not prohibit individuals and entities from the use of SUA during daylight hours for business purposes in the airspace over private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.

C. This chapter shall not prohibit the authorized and lawful operation and use of SUA for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with applicable regulations.

Borough of Point Pleasant Beach

Borough of Point Pleasant Beach

3-50.1 Purpose and Intent
It is the purpose and intent of this ordinance to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to other aircraft in flight, and to persons and property on the ground. This ordinance is not intended to conflict with or preempt Federal Aviation Administration (FAA) regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA’s enforcement capabilities.

3-50.2 Definitions
The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:

AVIGATE: Means to pilot, steer, direct, control, fly or manage an unmanned aircraft or unmanned aircraft system through the air or on the ground. The word “avigate” includes managing or initiating any elements of an unmanned aircraft system.

BOROUGH ADMINISTRATOR: The person appointed pursuant to Section 2-24 and having the powers set forth in the Borough Code.

DRONE: An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.

FAA: The Federal Aviation Administration.

MODEL AIRCRAFT: An Unmanned Aircraft or Unmanned Aircraft System operated by any person strictly for hobby or recreational purposes.

PUBLIC PROPERTY: Real property and structures owned or leased by the Borough including, without limitation, parks, playgrounds, streets, sidewalks, other right of ways, buildings, docks, boardwalks and beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.

TOY AIRCRAFT: A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.
UNMANNED AIRCRAFT (“UA”): A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.

UNMANNED AIRCRAFT SYSTEM (“UAS”): Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment and payload.

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 to any person or damage to any property, including, but not limited to, firing a bullet, projectile or laser.

3-50.3 Operating Regulations

A. Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to takeoff from or land on or upon, except in an emergency, any public property except as specifically provided in 3-50.4 below.

B. Any person who operates or causes to be operated any UA/UAS, within the limits of the Borough of Point Pleasant Beach, must be able to present, immediately upon request by any Point Pleasant Beach Police Officer or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS, together with a remote pilot certificate where the use of the UA/UAS requires such a certificate under 14 C.F.R. Part 107.

C. It shall be unlawful for any person to avigate any UA/UAS in the air, on the ground or on the water:

i) in a careless or reckless manner so as to endanger the life or property of another;

ii) in violation of any notice to airmen or any temporary or permanent flight restriction issued by the FAA pursuant to 14 C.F.R. 91, as amended;

iii) in violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 C.F.R. Part 101 and 14 C.F.R. Part 107; or

iv) in a manner that interferes with law enforcement, firefighting, or any government emergency operations.

D. It shall be unlawful for any person to avigate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary “No Fly Zone” by the Borough Administrator. When a “No Fly Zone” is established, the Borough Administrator shall post notice of same on the official Point Pleasant Beach website and on the public announcement board located in the Municipal Complex at 416 New Jersey Avenue or wherever it shall be located, and shall also post warning signs in the vicinity of the “No Fly Zone.”

E. It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying a public school in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority or his or her designee or equivalent school authority.

F. It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Borough of Point Pleasant Beach providing instruction in kindergarten or grades one (1) to twelve (12), inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

G. It shall be unlawful for any person to avigate any UA/UAS that is equipped with a firearm or other weapon.

H. It shall be unlawful for any person to avigate any UA/UAS carrying pyrotechnic devices that explode or burn or any device which propels a projectile or drops any object that creates a hazard to persons or property.

I. It shall be unlawful for any person to avigate any UA/UAS with metal-blade propellers or with gaseous boosts.

3-50.4 Exceptions

A. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon the oceanfront boardwalk and public beaches November 1st to March 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.

B. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any private river, ocean, lake or other beach with the permission of the owner from April 1st to October 31st provided that the operator and flight conform to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.

C. It shall be lawful for any law enforcement agency or emergency services organization of or servicing the Borough of Point Pleasant Beach, the County of Ocean, the State of New Jersey, or the United States government to avigate any UA/UAS from or on or upon any public property provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 C.F.R. Part 107, including aircraft and pilot requirements, or has obtained a blanket public Certificate of Waiver or Authorization (COA), or is otherwise authorized by State or Federal law.

D. It shall be lawful for any person avigating any UA/UAS to takeoff from or land on or upon any public property at any time of the year provided that the Borough Administrator has issued a written waiver after determining that the flight can be conducted in conformance to the requirements and restrictions contained in 14 C.F.R. Part 101 or 14 C.F.R. Part 107, whichever is applicable, including, without limitation, the operating rules and remote pilot certification rules, and in a manner that will not cause unreasonable risk of endangering the life or property of another.

3-50.5 Construction

A. Specific Flight Operations Authorized by the FAA – Exception. Notwithstanding the prohibitions set forth in this chapter, nothing in this chapter shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate any UA/UAS in Borough of Point Pleasant Beach 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 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 the FAA – Clarification. Nothing in this chapter shall be construed to authorize the operation of any UA/UAS in Borough of Point Pleasant Beach 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 FAA.

3-50.6 Accident Reporting

The operator of any UA/UAS shall immediately report to the Point Pleasant Beach Police Department any operation of the UA/UAS on public property involving:
(i.) Injury to any person; or
(ii.) Damage to any private or public property.

3-50.7 Enforcement; violations and penalties
A. The Point Pleasant Beach Police Department and Division of Code Enforcement are charged with enforcing this Chapter.

B. Any person who violates any provision of this Chapter shall, upon conviction by a court of competent jurisdiction, be subject to a mandatory fine of $100 for the first offense; $250 for the second offense; and $500 for a third and any additional offenses.

C. Enforcement actions for violations of this chapter shall be reported to the FAA by the local enforcing agency in accordance with the FAA’s “Law Enforcement Guidance for Suspected Unauthorized Operations.”

Borough of Seaside Heights Chapter 217 

Borough of Seaside Heights Chapter 217

It is the purpose and intent of this chapter to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to persons and property on the ground. This chapter is not intended to conflict with or preempt Federal Aviation Administration (FAA) regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA’s enforcement capabilities.
The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows:
Avigate: To pilot, steer, direct, control, fly or manage an unmanned aircraft or unmanned aircraft system through the air or on the ground. The word “avigate” includes managing or initiating any elements of an unmanned aircraft system.
Borough Administrator: The person appointed pursuant to § 5-4 and having the powers set forth in § 5-5 of the Borough Code.
Drone: An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.
FAA: The Federal Aviation Administration.
Model Aircraft: An unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes. A model aircraft operator is an individual who satisfies all of the exemption criteria specified in Section 336 of Public Law 112-95, codified in Part 101 of the FAA Regulations, and flies his or her aircraft in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.
Public Property: Real property and structures owned or leased by the Borough including, without limitation, parks, playgrounds, streets, sidewalks and other rights-of-way, buildings, docks, boardwalks, and beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.
Toy Aircraft: A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.
UA: A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.
UAS: Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment and payload.
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 to any person or damage to any property, including, but not limited to, firing a bullet, projectile or laser.

A. Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to take off from or land on or upon, except in an emergency, any public property except as specifically provided in § 217-4 below.

B. Any person who operates or causes to be operated any UA/UAS within the limits of the Borough of Seaside Heights must be able to present, immediately upon request by any Seaside Heights Police Officer or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS, together with a remote pilot certificate where the use of the UA/UAS requires such a certificate under 14 CFR Part 107.
C. It shall be unlawful for any person to avigate any UA/UAS in the air, on the ground, or on the water:

(1) In a careless or reckless manner so as to endanger the life or property of another;

(2) In violation of any notice to airmen or any temporary or permanent flight restriction issued by the FAA pursuant to 14 CFR 91, as amended;
(3) In violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 CFR Part 101 and 14 CFR Part 107; or
(4) In a manner that interferes with law enforcement, firefighting, or any government emergency operations.
D. It shall be unlawful for any person to avigate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary “no fly zone” by the Borough Administrator. When a no fly zone is established, the Borough Administrator shall post notice of same on the official Seaside Heights website and on the public announcement board located in the George E. Tompkins Municipal Complex, and shall also post warning signs in the vicinity of the no fly zone.
E. It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace overlaying, a public school in the Borough of Seaside Heights providing instruction in kindergarten or grades one to six, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.
F. It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Borough of Seaside Heights providing instruction in kindergarten or grades one to six, inclusive, during school hours and without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.
G. It shall be unlawful for any person to avigate any UA/UAS that is equipped with a firearm or other weapon.
H. It shall be unlawful for any person to avigate any UA/UAS carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to persons or property.
I. It shall be unlawful for any person to avigate any UA/UAS with metal-blade propellers or with gaseous boosts.

A. It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the oceanfront boardwalk and beaches October 1 to April 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.

B. It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the bayfront beaches described below May 1 to September 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules:

(1) South Bay: any part of the bayfront beach that is located south of the public dock, but not from or upon any public dock.

(2) North Bay: Any part of the bayfront beach that is located between a point beginning 15 feet south of the designated public swimming beach and 10 feet north of the boat ramp, but not from or upon any public dock.
C. It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon the bayfront beaches and public docks October 1 to April 30 provided that the operator and flight conform to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including but not limited to the pertinent operating rules and remote pilot certification rules.
D. It shall be lawful for any law enforcement agency or emergency services organization of or servicing the Borough of Seaside Heights, the County of Ocean, the State of New Jersey, or the United States government to avigate any UA/UAS from or on or upon any public property provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 CFR Part 107, including aircraft and pilot requirements, or has obtained a blanket public certificate of waiver or authorization (COA), or is otherwise authorized by state or federal law.
E. It shall be lawful for any person avigating any UA/UAS to take off from or land on or upon any public property at any time of the year provided that the Borough Administrator has issued a written waiver after determining that the flight can be conducted in conformance to the requirements and restrictions contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable, including, without limitation, the operating rules and remote pilot certification rules, and in a manner that will not cause unreasonable risk of endangering the life or property of another.

A. Specific flight operations authorized by the FAA – exception. Notwithstanding the prohibitions set forth in this chapter, nothing in this chapter shall be construed to prohibit, limit or otherwise restrict any person who is authorized by the FAA to operate any UA/UAS in Borough of Seaside Heights 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 FAA grant of authority for a specific flight operation(s), from conducting such operation(s) in Borough of Seaside Heights airspace in accordance with the authority granted by the FAA.

B. Operations prohibited by the FAA – clarification. Nothing in this chapter shall be construed to authorize the operation of any UA/UAS in Borough of Seaside Heights 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 FAA.
The operator of any UA/UAS shall immediately report to the Seaside Heights Police Department any operation of the UA/UAS on public property involving:

A. Injury to any person; or

B. Damage to any private or public property.

A. The Seaside Heights Police Department and Division of Code Enforcement are the local enforcing agencies charged with enforcing this chapter.

B.  Any person who violates any provision of this chapter shall, upon conviction by a court of competent jurisdiction, be subject to a mandatory fine of $100 for the first offense; $250 for the second offense; and $500 for a third and any subsequent offenses.
C. Enforcement actions for violations of this chapter shall be reported to the FAA by the local enforcing agency in accordance with the FAA’s Law Enforcement Guidance for Suspected Unauthorized Operations.

Borough of Stone Harbor, Article V Section 405

Borough of Stone Harbor, Article V Section 405

 

The operation of unmanned aircraft such as model aircraft and civil unmanned aircraft systems, commonly known as drones, can at times pose a hazard to full-scale aircraft in flight and to persons and property on the ground. Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of both model aircraft and civil unmanned aircraft systems consistent with federal aviation rules and state law is necessary to mitigate such risks and to protect the public from the hazards associated with the operation of unmanned aircraft.
For purposes of this article:
Civil UAS: An unmanned aircraft or unmanned aircraft system operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency.
Emergency Responder: Any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of New Jersey, a borough, county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff’s department, police department, marine safety department, or a private fire department, or of a disaster medical response entity sponsored or requested by this state, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services.
Model Aircraft: An unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes.
Person: Any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and officer, agent, employee and servant of any of the foregoing.
Public UAS: An unmanned aircraft or unmanned aircraft system operated by any public agency for government related purposes.
UA: An aircraft, including, but not limited to, an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
UAS: An unmanned aircraft and associated elements, including, but not limited to, any communication links and components that control the unmanned aircraft.
No person shall use an unmanned aircraft within Borough limits to engage in the business or the activity of filming, still photography production, taking or producing motion pictures on movie film or electronic video tape for educational, entertainment or other commercial purposes without first obtaining a permit pursuant to the appropriate federal, state, and municipal authorities.
The following shall apply to the operation of any model aircraft or civil unmanned aircraft system within Borough boundaries:

A. No person shall operate any model aircraft or civil unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another. A person acts recklessly with respect to the operation of any model aircraft or civil unmanned aircraft system when he consciously disregards a substantial and unjustifiable risk that exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. A person acts carelessly when he operates any model aircraft or civil unmanned aircraft system without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.

B. No person shall operate any model aircraft or civil unmanned aircraft system to capture, record or transmit any visual image or audio recording of any person or private real property located in the Borough under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a residence, inside a private office, and inside a hotel room).
C. No person shall operate any model aircraft or civil unmanned aircraft system in a manner designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize or place in extreme mental or emotional distress any particular person, whether that person is located on public or private property. The conduct described in this subjection includes, but is not limited to, using a model aircraft or civil unmanned aircraft system to follow and film, video-record, live-stream or photograph a person who has not consented to such activity.
D. No person shall operate any model aircraft or civil unmanned aircraft system in a manner that interferes with a parade or motorcade.
E. No person shall operate any model aircraft or civil unmanned aircraft system in a manner that interferes with the operation, support, or enabling of emergency services by an emergency responder.
F. No person shall operate any model aircraft or civil unmanned aircraft system which contains, or has affixed or attached to it a weapon, gun, firearm, handgun, rifle, bb device, assault weapon, bomb, grenade, rocket, rocket-propelled projectile, any device or container assembled for the purpose of causing an explosion, or any other weapon.
G. No person shall use any model aircraft or civil unmanned aircraft system for the purposes of molesting any wildlife.
This chapter shall not apply to an unmanned aircraft that is operated by or on behalf of the Borough in compliance with all federal laws and regulations and applicable Borough policies.
Violations of this chapter may be enforced by any means available to the Borough, including, but not limited to, criminal enforcement, civil action, and administrative citation.
A. A person who violates this ordinance shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 and/or imprisonment not to exceed 30 days, for each subsequent offense.

 

Borough of Westwood, Chapter 79

Borough of Westwood, Chapter 79

The purpose of this chapter is to regulate small unmanned aircraft, commonly known as “drones,” to protect the privacy of persons and property, and to protect the public health, welfare, and safety.
As used in this chapter, the following terms shall have the meanings indicated:
SUA: An unmanned vehicle or device, including but not limited to a motorized remote-control drone, unmanned aerial vehicle, unmanned aerial system and small unmanned aerial system, that can fly under the control of a remote pilot using a first-person view or other viewing system or by a geographic positions systems guided autopilot mechanism.

A. Small unmanned aircraft shall not operate within the Borough as follows:

(1) Takeoff and/or landing on any municipally owned property, including but not limited to parks, schools, recreation areas, roadways and other public property, without the permission of the Mayor and Council;

(2) Over any Borough-owned building without the permission of the Mayor and Council;
(3) Over any public gatherings or public sporting events without the permission of the Mayor and Council if a Borough-sponsored event or the organizing entity if privately operated on Borough property;
(4) No person(s) may be photographed or video recorded from a small unmanned aircraft while on private property without their express consent except while being operated in accordance with this chapter;
(5) No unmanned aircraft may fly less than 100 feet above any roadway within the Borough without the permission of the Mayor and Council and within 25 feet of the tallest point of any private structure within the Borough except with express consent of the property owner.
B. All other uses of public property shall have priority over use of public property for the operation of small unmanned aircraft.
C. This chapter does not limit or restrict the prosecution of any operator of a small unmanned aircraft from violation of any other rule, law and regulation pertaining to privacy, trespass, or other violation which may pertain to the operation of a small unmanned aircraft.

A. This chapter shall not prohibit any federal, state, county or municipal agency, including, but not limited to, any law enforcement agency or emergency services organization, from the use of small unmanned aircraft for any lawful and authorized purpose pursuant to and in accordance with applicable regulations.

B. This chapter shall not prohibit the authorized and lawful operation and use of small unmanned aircraft for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with applicable regulations.
C. This chapter shall not limit recourse for violations of any other privacy.
Any violation of this chapter may be heard in the Westwood Municipal Court and shall be subject to a fine of up to $1,000.

 

Chatham Township Ordinance § 3-12

Chatham Township Ordinance § 3-12

3-12.1. Drones and Unmanned Aircraft

Data Collection: Shall mean the acquisition of information by use of one or more sensing devices.

Drone: Shall mean an UA that can fly under the control of a remote pilot or by a geographic positions system (“GPS”) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.

Sensing Device: Shall mean a device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).

Unmanned Aircraft: Shall mean an unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.

3-12.2 Regulations.

a. Except as otherwise provided in Subsection 3-12.3, drones and UA are prohibited from being launched from any government or public buildings, property, or parks within the Township or landing on any government or public buildings, property, or parks within the Township.

b. Except as otherwise provided in Subsection 3-12.3, drones and UA are prohibited from operating or flying in any airspace below 400 feet within the airspace over any government or public buildings, property, or parks within the Township.

3-12.3 Exceptions.

a. This section shall not prohibit the constitutional use of drones and UA by any law enforcement agency or emergency services organization of or servicing the Township, the State of New Jersey, or the USA for lawful purposes and in a lawful manner.

b. This section shall not prohibit any Federal, State, County or municipal agency from the use of drones and UA for any lawful and authorized purpose pursuant to applicable regulation.

c. This section shall not prohibit the use of UA by any Federal, State, County or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner.

City of Garfield Code 233-4

City of Garfield Code 233-4

Prohibited Acts

With the exception of law enforcement and park personnel in their performance of City- or park-related activities and with the exception of activities so noted, no person shall:

F. With the exception of official starters at authorized events, bring into any park or have in his possession any pistol, revolver, rifle, shotgun, air gun, spring gun, slingshot, bow or object or instrument upon which loaded or blank cartridges may be used or which is capable of propelling a force or object, nor shall any person fly or cause to fly any model airplane or like object.

City of Garfield Code 233-5

City of Garfield Code 233-5

Regulated Activities

Except as permitted at designated times and in designated areas, no person shall engage in any of the following activities:

Operation of model airplane or similar device

Fairfield Chapter 3-22

Fairfield Chapter 3-22

§ 3-22.1 Definitions.

As used in this section:
Operate: To fly, control, direct or program the flight of an unmanned aircraft system.
UA: An aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
UAS: An unmanned aircraft and associated elements, including communication links and the components that control the unmanned aircraft, that are required for the pilot in command to operate safely and efficiently.
It shall be unlawful for any person operating an unmanned aircraft or unmanned aircraft system to take off from or land on public property without prior written approval from the Township Administrator and compliance with the following:
a. Submission of the operator’s proof of certification under Subsection 3-22.3 to the Township Administrator;
b. Providing written notification of the anticipated unmanned aircraft or unmanned aircraft system activities at least five days in advance of such activities to all property owners within 200 feet of the public property; and
c. Compliance with any and all other requirements of any park rules or regulations.
Any person who operates an unmanned aircraft or unmanned aircraft system within the Township must present, immediately upon request by any police or code enforcement officer, a current certificate of aircraft registration issued by the FAA for the unmanned aircraft, together with a remote pilot certificate where the use of the unmanned aircraft requires such a certificate under 14 C.F.R. 107.
It shall be unlawful for any person to equip an unmanned aircraft or unmanned aircraft system with any weapon or hazardous substance that creates a hazard to persons or property.
The operator of any unmanned aircraft or unmanned aircraft system shall immediately report to the Township any operation of the unmanned aircraft or unmanned aircraft system on public property involving either injury to any person or damage to any private or public property.
It shall be unlawful for any person to operate an unmanned aircraft or unmanned aircraft system in a manner that violates the reasonable expectation of privacy of any other persons. Such operation shall include, but is not limited to, operating an unmanned aircraft or unmanned aircraft system to view into the windows or other openings of dwelling places, or otherwise viewing from of any property.
Any violation of the provisions of this article shall constitute a violation punishable as provided in Chapter 1, Section 1-5, General Penalty, of the Code of the Township of Fairfield.

Green Township Ordinance 2020-07

Chapter 19 Drones

19-1 Purpose and Intent

It is the purpose and intent of this Chapter to address the potential hazard unmanned aircraft and unmanned aircraft systems pose to other aircraft in flight, and to persons and property on the ground. This Chapter is not intended to conflict with or preempt FAA regulations, but rather to work in conjunction with those regulations to promote public safety while recognizing the limitation of the FAA’s enforcement capabilities.

19-2 Definitions

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

Drone: An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positioning system (GPS) guided autopilot mechanism and that may be equipped with any sensing device or capable of any data collection.

FAA: The Federal Aviation Administration

Hobby or recreational purposes: A pursuit engaged in relaxation, and not for business purposes and not for compensation or hire.

Model Aircraft: An unmanned aircraft or unmanned aircraft system operated by any person strictly for hobby or recreational purposes. A model aircraft operator is an individual who satisfies all of the exemption criteria specified in Section 336 of Public Law. 112-95, codified in 14 CFR Part 101, and flies his/her aircraft in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.

Operate: To pilot, steer, direct, fly, or manage an 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 an unmanned aircraft.

Public Property: Real property and structures owned or leased by the Township including, without limitation, parks, playgrounds, streets, sidewalks, and other rights-of-way, and buildings. Public property shall also include real property and structures which are being leased by the Township to a lessee.

Small unmanned aircraft: An unmanned aircraft that weighs less than or equal to 55 pounds, excluding toy aircraft.

Surveillance: The gathering, without permission 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 otherwise lawfully occupied by such other person, business, or entity, or into the airspace above real property owned, leased, or otherwise lawfully occupied to such other person, business, or other entity, occurs in connection with such surveillance.

Toy Aircraft: A glider or hand-tossed aircraft that is not designed for and is incapable of sustained flight; may be controlled by means of a physical attachment, such as a string or wire.

Unmanned Aircraft (UA): A device of any size that is used or intended to be used for flight in the air, operated without the possibility of direct human intervention from within or on the device. This definition includes devices commonly known as model aircraft and drones, but excludes toy aircraft.

Unmanned Aircraft System (UAS): Unmanned aircraft and its associated elements, including the control station, communication link, data link, navigation equipment, launch/recovery equipment, other support equipment, and payload.

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 to any person or damage to any property, including, but not limited to, firing a bullet, projectile, or laser.

19-3 Operating Regulations

A. Takeoff and landing. It shall be unlawful for any person operating any UA/UAS to take off from or land on or upon, except in an emergency, any Township-owned property except as specifically provided in Section 19-4 below.

B. Any person who operated or causes to be operated any UA/UAS within the limits of the Township of Green must be able to present, immediately upon request by the Township Clerk or Code Enforcement Officer, a current certificate of aircraft registration issued by the FAA for the UA/UAS together with a remote pilot certificate, where the use of the UA/UAS requires such a certificate under 14 CFR Part 107.

C. It shall be unlawful for any person to operate any UA/UAS in the air, on the ground, or on the water:

(1) In a careless or reckless manner so as to endanger the life or property of another;

(2) In violation of any notice to air mission or any temporary or permanent flight restriction issued by the FAA pursuant to 14 CFR Part 91, as amended;

(3) In violation of any requirement or restriction issued by the FAA applicable to UA/UAS, including, without limitation, the provisions of 14 CFR Part 101 and 14 CFR Part 107; or

(4) In a manner that interferes with law enforcement, firefighting, or any governmental emergency operations.

D. It shall be unlawful for any person to operate any UA/UAS less than 400 feet above ground level in areas that have been designated a temporary “no fly zone” by the Township. When a no fly zone is established, the Township shall post a notice of same on the official Township website and on the bulletin board at the Green Township Administrative Office and Evergreen Park bulletin board and shall also post warning signs in the vicinity of the no fly zone.

E. It shall be unlawful for any person to operate any UA/UAS on the grounds of, or less than 400 feet above ground level within the airspace, overlaying a public school in the Township of Green without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

F. It shall be unlawful for any person to use any UA/UAS to capture images of public school grounds in the Township of Green without the written permission of the school principal or higher authority, or his or her designee, or equivalent school authority.

G. It shall be unlawful for any person to operate any UA/UAS that is equipped with a firearm or other weapon.

H. It shall be unlawful for any person to operate any UA/UAS carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or drops any object that creates a hazard to persons or property.

I. It shall be unlawful for any person to operate any UA/UAS with metal-blade propellers or with gaseous boosts.

19-4 Exceptions

A. It shall not be unlawful for any law enforcement agency or emergency services organization of or servicing the Township of Green, the County of Sussex, the State of New Jersey, or the US government to operate any UA/UAS from or on or upon any public property, provided the flight is conducted in a lawful manner and for lawful purposes and the agency or organization is operating the UA/UAS under 14 CFR Part 107, including aircraft and pilot requirements, or has obtained a blanket public certificate of waiver or authorization (COA) or is otherwise authorized by state or federal law.

B. This Chapter shall not prohibit any federal, state, county, or municipal agency from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to applicable regulation.

C. This Chapter shall not prohibit individuals and entities form the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private, commercial, or residential property with the property. owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.

D. Notwithstanding the provisions of this Chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes shall be in accordance with applicable law and FAA regulations.

E. This Chapter shall not prohibit the use of UA by an owner of private property in the Township in the airspace within the boundary lines of that property or in airspace within the boundary lines of private property in the Township with that property owner’s consent.

19-5 Accident Reporting

The operator of any UA/UAS shall immediately report to the Township Clerk any operation of the UA/UAS on public property involving:

A. Injury to any person; or

B. Damage to any private or public property.

19-6 Enforcement: Violation and Penalties

A. The Township Clerk and the Code Enforcement Officer are the local enforcing agencies charged with enforcing this Chapter.

B. Any person who violates any provision of this Chapter shall, upon conviction by a court of competent jurisdiction, be subject to a mandatory fine of $100 for the first offense; $250 for the second offense; and $500 for the third and any subsequent offenses.

C. Enforcement actions for violations of this Chapter shall be reported to the FAA by a local enforcing agency in accordance with the FAA’s “Law Enforcement Guidance for Suspected Unauthorized Operations.”

Section 2 Severability

If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.

Section 3. Repealer

All ordinances or parts of ordinances. or resolutions that are inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.

Section 4.  Effective Date

This Ordinance shall take effect immediately upon adoption and publication in accordance with law.

Middlesex County Parks and Recreation Rules

Middlesex County Parks and Recreation

No person shall coast with hand sleds, bobs, carts, skateboards or other vehicles or wheels or runners or use radio- controlled devices such as, but not limited to, boats, remotely piloted aircraft, model airplanes, drones and cars except in areas and during times designated and posted for this purpose by the Director of County Parks and Recreation.

New Jersey Hunting and Trapping Digest Rules

New Jersey Hunting and Trapping Digest

Drones or unmanned aircraft are prohibited for the purposes of hunting or trapping and cannot be used to harass, scout, drive, track, retrieve or rally wildlife. (Page 26)

THE FOLLOWING ARE PROHIBITED: alcoholic beverages, camping, geocaching, cutting or damaging vegetation, removing timber or firewood, dumping, fires, metal detecting, swimming, picnicking and the use of unmanned aerial vehicles known as drones. Wildlife management area (WMA) regulation violations carry penalties of not less than $50 nor more than $1,500. A second violation of any WMA regulation will result in a five-year loss of all sporting licenses and privileges. For special WMA permits that allow for activities otherwise prohibited on WMAs, write to New Jersey Division of Fish and Wildlife, MC 501- 03, P.O. Box 420, Trenton, NJ 08625-0420, or NJFishandWildlife.com/wmaregs.htm. Fish and Wildlife may revoke any permit (or other authorization) for violation or due cause. (Page 70)

The use of an unmanned aerial vehicle (UAV) or drone is prohibited on Wildlife Management Areas. A UAV is computer controlled for nearly their entire flight either autonomously or by remote control by a pilot and has the capacity for autonomous flight and navigation. (Page 70)

New Jersey State Parks Rules

New Jersey State Parks

The use of an unmanned aerial vehicle (UAV) or drone is prohibited on WMAs. A UAV is computer-controlled for nearly their entire flight either autonomously or by remote control of a pilot and has the capacity for autonomous flight and navigation.

Palisades Interstate Park Commission Rules

Palisades Interstate Park Commission

DRONES Flying of drones or radio-controlled aircraft is not allowed in the park. §409.1(f)

Township of Long Beach Chapter 57

Township of Long Beach Chapter 57

57-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Data Collection: The acquisition of information by use of one or more sensing devices.

Drone: An UA that can fly under the control of a remote pilot or by a geographic positions system (GPS) guided autopilot mechanism and that is equipped with any sensing device or capable of any data collection.

Sensing Device: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).

Unmanned Aircraft: An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.

57-2 Regulations.

A. Except as otherwise provided in this chapter, persons and entities are prohibited from:

(1) Causing drones and UA to take off and/or land in the Township; and

(2) Operating drones and UA in any airspace within 400 feet of the ground and structures in the Township.

B. Drones and UA operated pursuant to the exceptions set forth in this chapter shall not be operated in a reckless, dangerous, harassing, or threatening manner.

57-3 Exceptions.

A. This chapter shall not prohibit the constitutional use of drones and UA by any law enforcement agency or emergency services organization of or servicing the Township, the State of New Jersey, or the US government for lawful purposes and in a lawful manner.

B. This chapter shall not prohibit any state or federal agencies from the use of drones and UA for any lawful and authorized purpose pursuant to federal and state regulations.

C. This chapter shall not prohibit the use of drones by not-for-profit, licensed, or accredited educational research colleges, universities, or scientific institutions for educational, scientific, environmental, or resource management purposes in the airspace over the beach within the Township between Labor Day and Memorial Day.

(1) Under no circumstances shall the use of drones pursuant to the foregoing exception be performed within 100 feet of any person on the beach, except for the persons involved in the foregoing permitted activities.

D. This chapter shall not prohibit individuals and entities from the use of drones for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties where the owners provide consent thereto alone. The permitted use of drones pursuant to the foregoing shall include the airspace of the public streets and property immediately adjacent to the private property, provided that the use of the roads and public property is reasonably necessary for the business purpose, is performed within a reasonable amount of time, and the drone is not operated in the airspace within 20 feet of persons, except for the persons involved in the foregoing permitted activity.

E. This chapter shall not prohibit individuals and entities from the use of drones and unmanned aircraft for noncommercial purposes in the airspace within the boundary lines of private residential property with the property owner’s consent, provided that the drone is not operated for any unlawful purpose.

F. Any and all persons who operate a drone pursuant to the exceptions set forth in this § 57-3 shall possess a remote pilot certificate issued by the FAA pursuant Part 107 of the FAA regulations.

57-4 Annual registration and notice of permitted drone use.

A. All persons and entities shall complete and file an annual drone registration form (“annual form”), which is available on the municipal website and at the Police Department, at least 24 hours prior to the operation of any drone. The annual form shall be filed with the Police Department and shall be valid during the calendar year within which it is filed. No person or entity may operate any drone pursuant to the exceptions set forth in §57-3C and D without the filing of the annual form.

(1) The annual form shall require the following:

(a) The name, address, and telephone number of the person or entity filing the annual form and that intends to operate the drone.

(b) If the person and/or entity seeks to operate the drone pursuant to §57-3C, proof that the entity is a not-for-profit, licensed, or accredited educational research college, university, or scientific institution and that the drone use is for educational, scientific, environmental, or resource management purposes.

(c) If the person and/or entity seeks to operate the drone pursuant to §57-3D, proof that the owner has consented to the drone operation. Proof of an agency relationship with the owner shall be accepted as proof of the property owner’s consent.

(d) The take-off and landing location of the drone operation, the expected start and end time of the operation, and the purpose of the operation.

(e) A statement that the operator has reviewed the applicable regulations and intends to abide by them.

(f) A statement that the pilot possesses a valid FAA remote pilot certificate and attach a copy of same.

(2) Once a person or entity has filed an annual form which has been accepted and approved by the Police Department, all future drone operations by that person or entity during the same calendar year of the filing of the annual form shall be by telephone notice to the Police Department at least 24 hours prior to the proposed operation of the drone pursuant to §57-3C and D. The person or entity shall provide the Police Department with all information relating to the drone operation required by the annual form via telephone and/or email correspondence.

B. The burden of proof shall be upon the person and/or entity to establish that the use of the drone is permitted pursuant to §57-3. Notwithstanding verbal or written approval by the Police Department, in the event that the use of the drones is determined not to comply with the exceptions set forth in §57-3, the person and/or entities shall be deemed to be in violation of this chapter.

Article II Violations and Penalties; Repealer; Severability

57-5Violations and penalties.

A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

57-6 Repealer.

All ordinances or parts of ordinances inconsistent with this chapter are hereby repealed to the extent of such inconsistency.

57-7 Severability.

If any word, phrase, clause, section, or provisions of this chapter shall be found by any court of competent jurisdiction to be unenforceable, illegal, or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the ordinance and the remainder of the ordinance shall remain in full force and effect.

Township of Ocean Chapter 153

Township of Ocean Chapter 153

As used in this chapter, the following terms shall have the meanings indicated:
Data Collection: The acquisition of information by use of one or more sensing devices.
Drone: An unmanned aircraft that can fly under the control of a remote pilot or by a global positioning system (GPS) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
Sensing Device: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, Wi-Fi, or other data frequencies).
UA: An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.

A. Except as otherwise provided in § 153-3, drones are prohibited from flying in any airspace below 400 feet within Ocean Township.

B. Except as otherwise provided in § 153-3, unmanned aircraft are prohibited from flying in any airspace below 400 feet within Ocean Township in:

(1) The airspace over any residentially or commercially zoned area in Ocean Township;

(2) The airspace over any roads within Ocean Township; and
(3) The airspace over any government or public buildings, property, or parks within Ocean Township.

A. This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing Ocean Township, the County of Ocean, the State of New Jersey, or the United States government for lawful purposes and in a lawful manner.

B. This chapter shall not prohibit any state or federal agencies from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to federal and state regulations.
C. This chapter shall not prohibit individuals and entities from the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.
D. Notwithstanding the provisions of this chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with specific Federal Aviation Administration (“FAA”) regulations is permissible if same exists.
E. This chapter shall not prohibit the use of unmanned aircraft by:
(1) Any federal, state, and local agencies, including, but not limited to, law enforcement and emergency services agencies, or by any person or persons for lawful purposes and in a lawful manner.
A violation of this chapter shall be punishable by the following fines:

A. First offense: $250.

B. Second offense: $500.
C. Third or subsequent offense: $1,000.

Ventnor City Chapter 107

Drones and Unmanned Aircraft

107-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Data Collection: The acquisition of information by use of one or more sensing devices.

Drone: An UA that can fly under the control of a remote pilot or by a geographic positions system (“GPS”) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.

Sensing Device: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, Wi-Fi, or other data frequencies).

Unmanned Aircraft: An unmanned vehicle or device of any size that is capable of remote control flight by any means device, is not capable of any data collection, and that does not possess any sensing devices.

107-2 Regulations.

A. Except as otherwise provided in § 107-3, drones and UA are prohibited from being launched from, or landing on, any government or public buildings, property, or parks within the City unless prior written permission has been granted by the Ventnor City Chief of Police for a special event or City-sponsored event.

B. Except as otherwise provided in § 107-3, drones and UA are prohibited from operating or flying in any airspace under 400 feet over any government or public buildings, property, or parks within the City unless prior written permission has been granted by the Ventnor City Chief of Police for a special event or City-sponsored event.

C. Except as otherwise provided in § 107-3, drones and UA are prohibited from operating or flying in any airspace under 400 feet over the Ventnor City Beaches from May 31 through September 1 in any given year unless prior written permission has been granted by the Ventnor City Chief of Police for a special event or City-sponsored event.

107-3 Exceptions.

A. This chapter shall not prohibit the constitutional use of drones and UA by any law enforcement agency or emergency services organization of or servicing the City, the State of New Jersey, or the USA for lawful purposes and in a lawful manner.

B. This chapter shall not prohibit any federal, state, county or municipal agency from the use of drones and UA for any lawful and authorized purpose pursuant to applicable regulation.

C. This chapter shall not prohibit the use of UA by any federal, state, county or municipal agency, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner.

107-4 Violations and penalties.

Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than $2,000. A separate offense shall be deemed committed on each day during or on which a new violation occurs or continues. The court, in its discretion, may order the imposition of up to a maximum of 90 days of community service in addition to or as a substitute for any fine.

Washington, Chapter 69

 

Washington, Chapter 69

69-1 Definitions

As used in this chapter, the following terms shall have the meanings indicated:

DATA COLLECTION: The acquisition of information by use of one or more sensing devices.
DRONE: An unmanned aircraft that can fly under the control of a remote pilot or by a geographic positions system (GPS) guided autopilot mechanism, and that is equipped with any sensing device or capable of any data collection.
SENSING DEVICE: A device capable of acquiring data from its surroundings. Sensing devices include, but are not limited to, cameras, microphones, thermal detectors, chemical detectors, radiation gauges, and wireless receivers in any frequency (including cellular, WiFi, or other data frequencies).
UNMANNED AIRCRAFT: An unmanned vehicle or device of any size that is capable of remote-control flight by any means and that does not possess any sensing device and is not capable of any data collection.
69-2 Regulations
A. Except as otherwise provided in § 69-3, drones are prohibited from flying in any airspace below 400 feet within the Township.
B. Except as otherwise provided in § 69-3, unmanned aircraft are prohibited from flying in any airspace below 400 feet within the Township in:

(1)  The airspace over any residentially or commercially zoned area in the Township;

(2)  The airspace over any roads within the Township; and
(3)  The airspace over any government or public buildings, property, or parks within the Township.
69-3 Exceptions
A. This chapter shall not prohibit the constitutional use of drones and unmanned aircraft by any law enforcement agency or emergency services organization of or servicing the Township, the County of Warren, the State of New Jersey, or the United States government for lawful purposes and in a lawful manner.
B. This chapter shall not prohibit any state or federal agencies from the use of drones and unmanned aircraft for any lawful and authorized purpose pursuant to federal and state regulations.
C. This chapter shall not prohibit the use of drones by not-for-profit, licensed, or accredited educational research colleges, universities, or scientific institutions for educational, scientific, environmental, or resource management purposes.
D. This chapter shall not prohibit individuals and entities from the use of drones during daylight hours for business purposes in the airspace within the boundary lines of private commercial or residential property with the property owner’s consent, except that data collection shall be limited to data collection of and relating to the properties that provide consent thereto alone.
E. Notwithstanding the provisions of this chapter, the authorized and lawful operation and use of drones for commercial, business, educational, scientific, research, environmental, and personal purposes pursuant to and in accordance with specific Federal Aviation Administration (“FAA”) regulations, if any.
F. This chapter shall not prohibit the use of unmanned aircraft by:

(1) Any federal, state, and local agencies, including, but not limited to, law enforcement and emergency services agencies, for lawful purposes and in a lawful manner; or

(2)  An owner of private property in the Township in the airspace within the boundary lines of that property or in the airspace within the boundary lines of private property in the Township with that property owner’s consent.

69-4 Violations and Penalties

A violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

69-5 Repealer

All ordinances, or parts of ordinances, inconsistent with this chapter are hereby repealed to the extent of such inconsistency.

69-6 Severability

If any word, phrase, clause, section, or provisions of this chapter shall be found by any Court of competent jurisdiction to be unenforceable, illegal, or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the ordinance and the remainder of the ordinance shall remain in full force and effect.

Wayne Township Park Rules

Wayne Township Park Event Rules and Regulations

A. It shall be unlawful for any person in a public park or recreation area to:

(25) Take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, horseshoes, quoits or model airplanes, except in those areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and lacrosse is prohibited, except on the fields and courts or areas provided therefor. Rollerskating shall be confined to those areas specifically designed for such pastime.

University Drone Policies

Princeton University

Rowan University

Stevens Institute of Technology

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

Advanced Air Mobility (AAM)

2023 – Blade to operate, revitalize heliport in Newport in Jersey City, New Jersey

2024 – Joby to Install First Electric Air Taxi Charger in Greater New York City Region

2024 – Cargo Drones to Deliver on Port Authority’s Ambitions for Package Routes

 

 

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 regatta on the Raritan River, 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

Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

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.

Share This Book