[Adopted 11-6-2018 by Ord. No. 1534; amended in its entirety 5-7-2019 by Ord. No. 1549]
The operation of unmanned aircraft such as model aircraft and
civil unmanned aircraft systems, commonly known as drones, can at
times pose a hazard to full-scale aircraft in flight and to persons
and property on the ground. Imposing community-based safety requirements
on the operation of model aircraft and imposing restrictions on the
operation of both model aircraft and civil unmanned aircraft systems
consistent with federal aviation rules and state law is necessary
to mitigate such risks and to protect the public from the hazards
associated with the operation of unmanned aircraft.
For purposes of this article:
An unmanned aircraft or unmanned aircraft system operated
by any person for any purposes other than strictly hobby or recreational
purposes, including, but not limited to, commercial purposes or in
furtherance of, or incidental to, any business or media service or
agency.
Any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of New Jersey, a borough, county, district,
or other public or municipal corporation or political subdivision
of this state, or of a sheriff's department, police department, marine
safety department, or a private fire department, or of a disaster
medical response entity sponsored or requested by this state, whether
that person is a volunteer or partly paid or fully paid, while he
or she is actually engaged in providing emergency services.
An unmanned aircraft or unmanned aircraft system operated
by any person strictly for hobby or recreational purposes.
Any natural person, corporation, company, firm, association,
organization, co-partnership, joint venture, trust, business trust,
syndicate, estate, receiver, society, club, fraternal organization,
any group or combination acting as a unit, and officer, agent, employee
and servant of any of the foregoing.
An unmanned aircraft or unmanned aircraft system operated
by any public agency for government related purposes.
An aircraft, including, but not limited to, an aircraft commonly
known as a drone, that is operated without the possibility of direct
human intervention from within or on the aircraft.
An unmanned aircraft and associated elements, including,
but not limited to, any communication links and components that control
the unmanned aircraft.
No person shall use an unmanned aircraft within Borough limits
to engage in the business or the activity of filming, still photography
production, taking or producing motion pictures on movie film or electronic
video tape for educational, entertainment or other commercial purposes
without first obtaining a permit pursuant to the appropriate federal,
state, and municipal authorities.
The following shall apply to the operation of any model aircraft
or civil unmanned aircraft system within Borough boundaries:
A.
No person shall operate any model aircraft or civil unmanned aircraft
system in a careless or reckless manner so as to endanger the life
or property of another. A person acts recklessly with respect to the
operation of any model aircraft or civil unmanned aircraft system
when he consciously disregards a substantial and unjustifiable risk
that exists or will result from his conduct. The risk must be of such
a nature and degree that, considering the nature and purpose of the
actor's conduct and the circumstances known to him, its disregard
involves a gross deviation from the standard of conduct that a reasonable
person would observe in the actor's situation. A person acts carelessly
when he operates any model aircraft or civil unmanned aircraft system
without due caution and circumspection, in a manner so as to endanger,
or be likely to endanger, a person or property.
B.
No person shall operate any model aircraft or civil unmanned aircraft
system to capture, record or transmit any visual image or audio recording
of any person or private real property located in the Borough under
circumstances in which the subject person or owner of the subject
real property has a reasonable expectation of privacy (including,
but not limited to, inside a residence, inside a private office, and
inside a hotel room).
C.
No person shall operate any model aircraft or civil unmanned aircraft
system in a manner designed, intended or which serves to harass, stalk,
vex, annoy, disturb, frighten, intimidate, injure, threaten, victimize
or place in extreme mental or emotional distress any particular person,
whether that person is located on public or private property. The
conduct described in this subjection includes, but is not limited
to, using a model aircraft or civil unmanned aircraft system to follow
and film, video-record, live-stream or photograph a person who has
not consented to such activity.
D.
No person shall operate any model aircraft or civil unmanned aircraft
system in a manner that interferes with a parade or motorcade.
E.
No person shall operate any model aircraft or civil unmanned aircraft
system in a manner that interferes with the operation, support, or
enabling of emergency services by an emergency responder.
F.
No person shall operate any model aircraft or civil unmanned aircraft
system which contains, or has affixed or attached to it a weapon,
gun, firearm, handgun, rifle, bb device, assault weapon, bomb, grenade,
rocket, rocket-propelled projectile, any device or container assembled
for the purpose of causing an explosion, or any other weapon.
G.
No person shall use any model aircraft or civil unmanned aircraft
system for the purposes of molesting any wildlife.
This chapter shall not apply to an unmanned aircraft that is
operated by or on behalf of the Borough in compliance with all federal
laws and regulations and applicable Borough policies.
Violations of this chapter may be enforced by any means available
to the Borough, including, but not limited to, criminal enforcement,
civil action, and administrative citation.
A.
A person who violates this ordinance shall be subject to a penalty
of not more than $500 for the first offense and not more than $1,000
and/or imprisonment not to exceed 30 days, for each subsequent offense.
