[Amended 6-19-2018 by L.L. No. 21-2018]
(A)
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)
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.
(A)
Scope. The provisions of this chapter shall apply to the operation
of unmanned aircraft or UAS on or near all properties in the unincorporated
portions of the Town of Huntington, residential, commercial and otherwise.
(B)
Applicability. The provisions of this chapter shall be deemed to
supplement applicable Federal, State and local laws, ordinances, codes
and regulations. Nothing in this chapter shall be deemed to abolish,
impair, supersede or replace existing remedies of the Town, county
or state or existing requirements of any other provision of local
laws or ordinances of the Town or County or State laws and regulations.
In case of conflict between any provisions of this chapter and any
applicable state or local law, ordinance, code or regulation, the
more restrictive or stringent provision or requirement shall prevail.
As used in this chapter, the following terms shall have the
indicated meanings:
A vessel used or designed for navigation of or flight in
the air.
An official charged with the enforcement and/or administration
of this article.
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.
Aircraft that is carrying or being operated by one or more
persons.
An area of the Town of Huntington defined by its residents
and its distinctive characteristics.
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
Any land, improved or unimproved, situated within the borders
of the Town of Huntington whether publicly or privately owned.
Use of an UAS for pastime or diversion for the purpose of
affording relaxation and enjoyment.
Continuous observation of a place, person, group, property
or ongoing activity typically without the subject of the observation
having knowledge of same.
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.
An unmanned aircraft and associated elements, including communication
links and components that control the unmanned aircraft.
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.
