[HISTORY: Adopted by the Board of Commissioners of the City
of Bordentown 1-11-2016 by Ord.
No. 2015-15. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The acquisition of information, sounds, photos, or videos
by use of one or more sensing devices.
An unmanned aerial vehicle that can fly under the control
of a remote pilot or by a global positioning system ("GPS") guided
autopilot mechanism, and that is equipped with any sensing device
or capable of any data collection.
A device capable of acquiring data from its surroundings.
Sensing devices include, but are not limited to, cameras, microphones,
thermal detectors, chemical detectors, radiation gauges, and wireless
receivers in any frequency (including cellular, WiFi, or other data
frequencies).
An unmanned vehicle, aircraft, or device of any size that
is capable of remote-control flight by any means and that does not
possess any sensing device and is not capable of any data collection.
A.Â
Except as otherwise provided in § 150-3 of this chapter, drones are prohibited from flying in any airspace below 400 feet within the City of Bordentown.
A.Â
This chapter shall not prohibit the use of noncommercial drones that
have been previously registered with the City of Bordentown and whose
operators conform to the provisions of this chapter as to usage regulations
regarding time and location restrictions.
B.Â
This chapter shall not prohibit the use of commercial drones whose
operator has previously notified the City of Bordentown Police Department
of the operation of such drone for use involving utility and telecommunication
infrastructure, documentation of real estate, and disaster assessments.
C.Â
This chapter shall not prohibit the constitutional use of drones
and unmanned aircraft by any law enforcement agency or emergency services
organization of or servicing the City of Bordentown, the State of
New Jersey, or the United States of America, for lawful purposes and
in a lawful manner.
D.Â
This chapter shall not prohibit any federal, state, county or municipal
agency from the use of drones and unmanned aircraft for any lawful
and authorized purpose pursuant to federal and state regulations.
E.Â
This chapter shall not prohibit individuals and entities from the
use of drones during daylight hours for business or recreational purposes
in the airspace within the boundary lines of any public park within
the City of Bordentown, or within the boundary lines of any private
commercial or residential properties with the property owner's
consent, except that data collection shall be limited to data collection
of and relating to the private properties wherein consent has been
provided.
F.Â
Notwithstanding the provisions of this chapter, the authorized and
lawful operation and use of drones for commercial, business, educational,
scientific, research, environmental, and personal purposes pursuant
to and in accordance with specific FAA regulations is permissible,
if such regulations exist.
G.Â
This chapter shall not prohibit the use of unmanned aircraft by:
(1)Â
Any federal, state, county or municipal agency, including, but not
limited to, law enforcement and emergency services agencies, for lawful
purposes and in a lawful manner; or
(2)Â
An owner of private property within the City in the airspace within
the boundary lines of that property or in the airspace within the
boundary lines of private property in the City with that property
owner's consent, or within the boundary lines of any public park
within the City of Bordentown.
A violation of this chapter shall be punishable by a fine of
$100. A second or subsequent offense shall be punishable by $500.
