BILL NO.        0465                                                              ORDINANCE NO.      17-xx

 

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, BY ENACTING A NEW SECTION 210.275; PROHIBITING CONSTRUCTIVE INVASION OF PRIVACY IN THE CITY; AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, BY ENACTING A NEW CHAPTER 236; AND PROVIDING FOR THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS (UAS).

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            WHEREAS, unprecedented advances in unmanned aircraft technology have empowered realtors, inspectors, biologists and preservationists, farmers and agricultural researchers, photographers and others to document the world around them in ways that oftentimes replace more hazardous operations; and

 

            WHEREAS, after studying various alternatives for the regulation of safety, privacy, nuisance, trespass, and related police powers raised by unmanned aircraft, and taking account the approaches adopted by cities across the nation, which include criminalizing or prohibiting the use of them; and

 

            WHEREAS, the FAA has declared that “laws traditionally related to State and local police power - including land use, zoning, privacy, trespass, and law enforcement operations—generally are not subject to Federal regulation”; and

             

            WHEREAS, the FAA has declared that the operation unmanned aircraft near or over the perimeter or interior of certain locations may violate State or local trespassing laws; and

 

            WHEREAS, the use of Unmanned Aircraft Systems pose a potential threat to the persons, property, privacy, and general health and welfare of residents; and

 

            WHEREAS, advances in technology now allow a means to balance innovation and address all of the above stated land use, safety, nuisance, privacy, and trespass concerns; and

 

            WHEREAS, the Board of Aldermen hereby determines that it is to the benefit of the health, safety, and welfare of the residents to regulate the operation of Unmanned Aircraft Systems in the City, and to prohibit constructive invasion of privacy in the City.

 

            BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

            SECTION 1:  The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title II: Public Health Safety and Welfare, Chapter 210: Offenses and Miscellaneous Provisions, Article VI: Offenses Concerning Property, by adding a new Section 210.275 Constructive Invasion of Privacy which will read as follows: 

 

SECTION 210.275. Constructive Invasion of Privacy.

 

Regardless of whether there is a physical trespass pursuant to Section 210.270 of this Code, a person is liable for constructive invasion of property when a person knowingly attempts to capture or knowingly captures, in a manner that is offensive to a reasonable person, any type of visual image, visual recording, sound recording, or other physical impression of another engaging in private, personal, or familial activity in a place in which that person has a reasonable expectation of privacy and that impression could not have been achieved without a trespass unless the device was used.  This section shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel or employees of governmental agencies or other entities, either public or private, who, in the course and scope of their employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of any conduct to obtain evidence of suspected illegal activity or other misconduct, the suspected violation of any administrative rule or regulation, a suspected fraudulent conduct, or any activity involving a violation of law or business practices or conduct of public officials adversely affecting the public welfare, health, or safety.

 

            SECTION 2:  The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title II: Public Health Safety and Welfare, by adding a new Chapter 236 Miscellaneous Regulations, Section 236.010 Regulation of Unmanned Aircraft Systems which will read as follows: 

 

CHAPTER 236 MISCELLANEOUS REGULATIONS

 

SECTION 236.010. Regulation of Unmanned Aircraft Systems.

 

A.     Definitions.  For purposes of this Section, the following words and phrases shall have the following meanings:

 

UNMANNED AIRCRAFT:  A high-powered, aerial vehicle that:

 

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

 

                           ii.               Uses aerodynamic forces to provide vehicle lift;

 

                         iii.               Can fly autonomously or be piloted remotely; and

 

                         iv.               Can be expendable or recoverable.

 

UNMANNED AIRCRAFT SYSTEMS (UAS):  An unmanned aircraft, and associated elements (including communication links and the components that control the unmanned aircraft), that is required for the pilot in command to operate safely and efficiently in the national airspace system. To be part of a UAS, the unmanned aircraft must be:

 

                          i.                  Capable of sustained flight in the atmosphere;

                        ii.                  Flown within the visual line of sight of the person operating the aircraft; and

 

                      iii.                  Flown for hobby or recreational purposes.

 

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

 

B.     All operators of Unmanned Aircraft Systems shall adhere to applicable federal and State regulations, rules, and laws regarding their use, and as may be amended from time to time, and implemented thereafter. 

 

C.     Unmanned Aircraft Systems must remain below any surrounding obstacles within the airspace, when possible.

 

D.     The Unmanned Aircraft System must remain within visual line of sight of the operator of the Unmanned Aircraft System. Alternatively, the unmanned aircraft must remain within the visual line of sight of a visual observer, provided that the operator of the Unmanned Aircraft System and the Visual Observer maintain effective communication with each other at all times.

 

E.      Operators of Unmanned Aircraft Systems shall not intentionally operate Unmanned Aircraft Systems over persons unprotected by shelter or moving vehicles, or within twenty-five (25) feet from any person, building, or vehicle.

 

F.      Operators of Unmanned Aircraft Systems shall not operate an Unmanned Aircraft System within five (5) miles of an airport or heliport without first notifying the airport and control tower.

 

G.     Operators of Unmanned Aircraft Systems shall not operate an Unmanned Aircraft System in adverse weather conditions, such as in high winds or reduced visibility.

 

H.     Operators of Unmanned Aircraft Systems shall not operate an Unmanned Aircraft System, nor shall a visual observer observe the operation of an Unmanned Aircraft System, under the influence of alcohol or controlled substances.

 

I.        Operators of Unmanned Aircraft Systems shall ensure the operating environment is safe and shall not operate Unmanned Aircraft Systems in a reckless or negligent manner so as to endanger the life or property of another.

 

J.       Operators of Unmanned Aircraft Systems shall not without the consent of the owner of the property, public utility, or appropriate governmental entity operate an Unmanned Aircraft System within twenty-five (25) feet of or over sensitive infrastructure or property, such as power stations, utility lines, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities, or other public utility facilities.

K.     It shall be unlawful to knowingly operate an Unmanned Aircraft System directly over the private property of another without the property owner’s consent, if such operation of the Unmanned Aircraft System (a) enters into the immediate reaches of the air space next to private property and (b) if it interferes substantially with the property owner’s use and enjoyment of his/her property.

 

L.      All Unmanned Aircraft Systems shall be limited to daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time), with appropriate anti-collision lighting.  Notwithstanding the foregoing, a person may, with the consent of the property owner, operate an Unmanned Aircraft System between civil twilight and 10:00 p.m. directly above the areas of property – that are fully lit by one or more outdoor light fixture provided that each light fixture is at a height no less than sixty (60) feet above the surface of the ground and conforms to the lighting standards set forth by City Code Section 415.

 

M.    Except as may be otherwise expressly permitted by federal or state law, it shall be unlawful to operate any Unmanned Aircraft Systems weighing in excess of fifty-five (55) pounds (25 kilograms) in the City.

 

 

            SECTION 3:  All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught. 

            SECTION 4:  Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

            SECTION 5:  Except as amended herein, Title II of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

            SECTION 6:  This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

 

            PRESENTED TO THE BOARD OF ALDERMEN this 4th day of April 2017.

 

                                                            __________________________________________

                                                            Scott Douglass

                                                            Mayor

                                                            City of Clarkson Valley