[Amended 6-19-2018 by L.L. No. 21-2018]
Except as otherwise provided in this chapter, no person, business entity, or agency shall use an unmanned aircraft in the following manner:
(A) 
Use imaging technology for aerial surveillance with an unmanned aircraft and/or unmanned aircraft system having the capability of obtaining high-resolution photographs and/or video, or using any types of sensors, for the collection, retention, or dissemination of surveillance data or information on individuals, homes, businesses, or property at locations where there is a reasonable expectation of privacy. Said conduct is strictly prohibited unless written expressed permission is obtained from the individual property owner or manager;
(B) 
No unmanned aircraft may take off/launch from, land on or be piloted on private real property without the express written consent of the property owner and/or the property manager;
(C) 
No unmanned aircraft may take off/launch from, land on or be piloted within the border of any real property owned, used or leased by the Town of Huntington or Huntington Board of Trustees without a permit as outlined in this Chapter;
(D) 
Pilot an unmanned aircraft in a manner that interferes with manned aircraft;
(E) 
Pilot an unmanned craft outside of the pilot's VLOS;
(F) 
Pilot an unmanned aircraft higher than 400 feet from the ground;
(G) 
Pilot an unmanned aircraft near or over unprotected persons or moving vehicles at a height less than 25 feet from same;
(H) 
Pilot an unmanned aircraft under the influence of drugs and/or alcohol;
(I) 
Pilot an unmanned aircraft in adverse weather conditions such as in high winds or reduced visibility; and
(J) 
Pilot an unmanned aircraft near or over sensitive infrastructure or property such as power stations, sewage treatment facilities, and heavily traveled roadways within the Town of Huntington.
[Added 6-19-2018 by L.L. No. 21-2018]
No person, business entity, or agency shall take off/launch from, land on or pilot an unmanned aircraft within the border of any real property owned, used or leased by the Town of Huntington or Huntington Board of Trustees unless a permit for such activity has been issued by the Huntington Town Attorney's Office.
[Added 6-19-2018 by L.L. No. 21-2018]
(A) 
An application in a form approved by the Huntington Town Attorney's Office for a permit to take off/launch from, land on or pilot an unmanned aircraft within the border of any real property owned, used or leased by the Town of Huntington or Huntington Board of Trustees shall be fully completed and signed by the person, business entity or agency seeking to conduct such activity. The application shall be submitted to the Huntington Town Attorney's Office not less than five (5) business days prior to the commencement of such activity, unless otherwise authorized. The application shall set forth the following information:
(1) 
The name, address and telephone number of the person seeking to conduct such activity or if the activity is proposed to be conducted for, on behalf of, or by an organization, the name of the organization, principal address, telephone number and contact person for the organization;
(2) 
The date when the activity is to be conducted;
(3) 
Description of any photographic, video and/or audio recording capabilities of the unmanned aircraft as well as any attachments to the unmanned aircraft;
(4) 
The unmanned aircraft operator's Academy of Model Aeronautics (AMA) membership number, if any, or, where applicable, the unmanned aircraft's FAA registration number:
(5) 
The area over which the activity (ies) is (are) proposed to be conducted as well as the starting point and the termination point;
(6) 
The times when the activity (ies) is (are) proposed to commence and terminate;
(7) 
A statement as to whether the proposed activity is for recreational or commercial use as defined herein; if the proposed activity is for commercial use, a description of the proposed activity.
(B) 
Insurance Requirement; Commercial Use.
(1) 
As part of the application for a permit to operate an unmanned aircraft for commercial use as defined in this Chapter, the applicant shall, in addition to the requirements set forth herein, provide proof of liability insurance in the form of an insurance certificate to the Huntington Town Attorney's Office at the time of application. Such certificate shall name the Town of Huntington and the Huntington Board of Trustees as additional insureds, by endorsement, in the following minimum limits:
(a) 
General liability: One million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate.
(2) 
Execution of a hold harmless agreement may be required, in connection with the permit, in a form approved by the Huntington Town Attorney's Office.
(C) 
Fees.
(1) 
The fees for a drone permit application pursuant to this Article may be established by Town Board Resolution from time to time.
(2) 
The fees for a drone permit pursuant to this Article may be established by Town Board Resolution from time to time.
(3) 
Fees for a drone permit application are non-refundable and shall be made payable to the Town of Huntington by check or money order at the time of application. Fees for a drone permit are non-refundable and shall be made payable to the Town of Huntington by check or money order at the time of permit issuance.
(4) 
Fees may be waived in connection with a drone application and/or permit if operation of same is for charitable, educational, student films, public service, or other nonprofit propose.
[Added 6-19-2018 by L.L. No. 21-2018]
(A) 
A permittee hereunder shall comply with all permit terms and conditions, this Chapter and any rules or regulations promulgated pursuant to the Code of the Town of Huntington as well as all applicable laws and ordinances, including, without limitation, regulations and rules promulgated by the AMA in the case of recreational use or 14 CFR Part 107 in the case of commercial use of an unmanned aircraft.
(B) 
The person. business entity. or agency granted the permit shall have the permit in his/her immediate possession at all times during the conduct of activity and shall display same upon demand of any person authorized to enforce this Chapter.
(C) 
The permittee shall operate the unmanned aircraft in a manner consistent with the permit issued by the Town of Huntington and the provisions contained herein.
(D) 
Revocation. Violation of the terms of a permit. this Chapter or any rules or regulations promulgated pursuant to the Code of the Town of Huntington shall result in the permit being revoked. Any such violation shall also be cause for denial of future permits. In the event that a permit is revoked, the fees for such permit and corresponding application shall be forfeited and shall not be refunded.
[Added 6-19-2018 by L.L. No. 21-2018]
The above permit requirements shall not apply to the use of unmanned aircraft systems for active law enforcement purposes, or where same is authorized by license or permit under the laws and regulations of the United States of America, the State of New York, or as a function of any Department of the Town of Huntington.