[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 6-11-2016 by Ord.
No. 3-2016. Amendments noted where applicable.]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
An unmanned rocket that:
The Board of Supervisors of the Township of West Goshen.
Any unmanned aerial vehicle, including, without limitation,
model airplanes, remote-controlled aircraft and drones and the equipment
associated with such unmanned aerial vehicle.
Any person controlling or otherwise operating a model aircraft
or amateur rocket.
Any person owning, leasing, occupying or having charge of
any property within the Township.
Any individual, association, public or private corporation,
for profit or not for profit, partnership, firm, trust, estate or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties.
The unreasonable, unwarrantable, or unlawful use of public
or private property which causes injury, damage, inconvenience, annoyance,
or discomfort to any person in the legitimate enjoyment of that person's
property.
The Township of West Goshen.
A.Â
No person shall operate a model aircraft, amateur rocket or other
flying objects of a similar nature at an elevation of less than 200
feet over property not owned by the operator without the permission
of the property owner.
B.Â
Permission from the owner shall be in writing, specifying the name
of the operator, the address of the property over which the model
aircraft, amateur rocket or other flying objects of a similar nature
may be operated, and the permissible dates and hours of operation.
C.Â
The operation of a model aircraft, as that term is defined herein,
shall be in compliance with the requirements set forth in § 336(a)
of the FAA Modernization and Reform Act of 2012 (FMRA), as such regulations
may be amended from time to time, which are attached as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
D.Â
The operation of an amateur rocket, as that term is defined herein, shall be in compliance with the requirements set forth in Title 14, Chapter 1, Subchapter F, Part 101, Subpart C of the Code of Federal Regulations, as such regulations may be amended from time to time, which are attached as Exhibit B.[2]
[2]
Editor's Note: Exhibit B is on file in the Township offices.
E.Â
The operation of a model aircraft and an amateur rocket, as those
terms are defined above, is prohibited on all Township property and
within Township and PennDOT road rights-of-way, unless specifically
approved by the Board of Supervisors.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section of this chapter violated
shall constitute a separate offense, and each day or portion thereof
in which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100
and not more than $1,000, plus the costs of prosecution, or upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Township Treasurer.
