[Amended 6-19-2018 by L.L. No. 21-2018]
(A)Â It is the intention of the Huntington Town Board to protect the public
health, safety and welfare of the community by authorizing the establishment
of procedures for the operation of Unmanned Aircraft Systems (hereinafter
"UAS"), commonly known as model aircraft (small UAS) or "drones,"
throughout the community.
(B)Â The Huntington Town Board recognizes that the Federal Aviation Administration
(hereinafter "FAA") currently authorizes and regulates the use of
UAS by public entities and UAS used for commercial or business purposes.
No person shall fly an unmanned aircraft or UAS for commercial purposes
without express permission from the FAA. Public entities, which include
publically funded universities, law enforcement, fire departments
and other government agencies, may apply for a Certificate of Authorization
from the FAA in order to use unmanned aircraft for governmental and
municipal purposes.
As used in this chapter, the following terms shall have the
indicated meanings:
AIRCRAFT
A vessel used or designed for navigation of or flight in
the air.
COMMERCIAL USE
Use of an unmanned aircraft system for catering to or for
business and/or use with a sole or chief emphasis on salability, profit,
or success.
MANNED AIRCRAFT
Aircraft that is carrying or being operated by one or more
persons.
NEIGHBORHOOD
An area of the Town of Huntington defined by its residents
and its distinctive characteristics.
PILOT
A person, entity, or agency that is responsible for flying,
steering or guiding an unmanned aircraft or UAS; to operate or control
the course of an unmanned aircraft or UAS
PROPERTY
Any land, improved or unimproved, situated within the borders
of the Town of Huntington whether publicly or privately owned.
RECREATIONAL USE
Use of an UAS for pastime or diversion for the purpose of
affording relaxation and enjoyment.
SURVEILLANCE
Continuous observation of a place, person, group, property
or ongoing activity typically without the subject of the observation
having knowledge of same.
UNMANNED AIRCRAFT (also known as "Drone" or "Model Aircraft")
A non-human-carrying aircraft weighing no more than 55 pounds,
capable of sustained flight in the atmosphere intended exclusively
for sport, recreation, education and/or competition and is typically
guided by remote control or onboard computers.
UNMANNED AIRCRAFT SYSTEM (UAS)
An unmanned aircraft and associated elements, including communication
links and components that control the unmanned aircraft.
VISUAL LINE OF SIGHT (VLOS)
The distance at which the pilot of an UAS is able to maintain
visual contact with the aircraft and determine its orientation without
enhancements other than corrective lenses.