[HISTORY: Adopted by the Board of Supervisors of the Township
of Willistown 6-20-2016 by Ord.
No. 8-2016. 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:
Pursuant to Title 14, Chapter 1, Subchapter F, Part 101, Subpart C of the Code of Federal Regulations, as may be amended from time to time, an unmanned rocket of the following classes:
CLASS 1Model Rocket that: uses no more than 125 grams (4.4 ounces) of propellant; uses a slow burning propellant; is made of paper, wood, or breakable plastic; contains no substantial metal parts, and weighs no more than 1,500 grams (53 ounces), including propellant.
CLASS 2High-power rocket, other than a model rocket, that is propelled by a motor or motors having a combined total impulse of 40,960 Newton-seconds (9,208 pound-seconds) or less.
CLASS 3Advanced high-power rocket other than a model rocket or high-power rocket.
The Board of Supervisors of Willistown Township.
Any unmanned aircraft, including without limitation, model
airplanes, remote controlled aircraft and drones and the equipment
associated with such unmanned aircraft systems.
Any person controlling or otherwise operating an unmanned
aircraft system, 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 Willistown.
Pursuant to Section 331 of the FAA Modernization and Reform
Act of 2012, as may be amended from time to time, an aircraft that
is operated without the possibility of direct human intervention from
within or on the aircraft.
Pursuant to Section 331 of the FAA Modernization and Reform
Act of 2012, as may be amended from time to time, an unmanned aircraft
and associated elements (including communication links and the components
that control the unmanned aircraft) that are required for the pilot
in command to operate safely and efficiently in the national airspace
system.
A.
No person shall operate a model aircraft, amateur rocket, unmanned
aircraft system, or other flying object 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.
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, unmanned aircraft system, or other flying
object of a similar nature may be operated, and the permissible dates
and hours of operation. Under no circumstances shall any such flying
object be operated between the hours of sunset and sunrise.
C.
The operation of a Model Aircraft, as that term is defined herein,
shall be in compliance with the requirements set forth in Section
336(a) of the FAA Modernization and Reform Act of 2012 ("FMRA"), as
such regulations may be amended from time to time.
D.
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.
E.
The operation of an unmanned aircraft system, as that term is defined
herein, shall be in compliance with the requirements set forth in
Subtitle B of the FAA Modernization and Reform Act of 2012 ("FMRA"),
as such regulations may be amended from time to time.
F.
The operation of a model aircraft, amateur rocket, unmanned aircraft
system, or other flying object of a similar nature are prohibited
on all Township Property and within Township and Penn DOT road rights-of-way,
unless specifically approved by the Board of Supervisors.
G.
The use of a model aircraft, amateur rocket, unmanned aircraft system,
or other flying object of a similar nature shall be exempt from the
regulations contained herein or regulated as otherwise provided by
state and federal law, provided such flying object is operated by
and for stated purpose of any agency chosen to fulfill the public
safety needs of Willistown Township, as adopted from time to time
by resolution of the Board of Supervisors. Such agencies shall include
the Willistown Police Department and other authorized law enforcement
agencies, inter-agency task forces or special operations teams having
jurisdiction in Willistown Township.
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.
