[Ord. No. 459, 7/10/2018]
This part shall be known and may be cited as the "Drone Ordinance."
[Ord. No. 459, 7/10/2018]
As used in this part, the following terms shall have the meanings
indicated, unless the context specifically and clearly indicates otherwise:
Part 101 of Title 14 of the Code of Federal Regulations,
of which an incomplete summary is attached hereto as Appendix A[1] to be used only as a reference.
Part 107 of Title 14 of the Code of Federal Regulations,
of which an incomplete summary is attached hereto as Appendix A[2] to be used only as a reference.
Any contrivance invented, used, or designed to navigate or
fly in the air.
The Pittsburgh International Airport (PIT).
The Allegheny County Airport Authority, which is the operator
of the airport, or any successor entity thereto.
The Federal Aviation Administration of the United States
Department of Transportation or any agency successor thereto.
To take off, fly or land an unmanned aircraft or otherwise
manipulate the flight controls of an unmanned aircraft.
An individual person or a company, or other duly organized
and authorized entity, but not including the Township, the Commonwealth
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
Depicts the maximum altitude that may be assigned by FAA
processors without additional internal FAA coordination when processing
airspace authorization requests. The PIT UAS Map can be viewed by
visiting the FAA website. An unofficial image of the PIT UAS Map is
attached hereto as Appendix B[3] to be used only as a reference.
The land within the boundaries reflected on the PIT UAS Map
that is designated by a zero and which prohibits all operation of
unmanned aircraft. Questions regarding flight in this area should
be directed to the Pittsburgh Airport Authority and the Pittsburgh
FAA flight tower.
An unmanned aircraft weighing less than 55 pounds that is
operated remotely from the ground strictly for hobby or recreational
purposes, including but not limited to drones.
The land within the boundaries reflected on the PIT UAS Map,
including the entire Township, which requires contacting the Pittsburgh
Airport Authority and the Pittsburgh FAA flight tower prior to any
operation of unmanned aircraft to request any necessary waiver that
is required.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Ord. No. 459, 7/10/2018]
1.
The purpose of this part is to address issues related to use of small
noncommercial unmanned aircraft from ground-based locations within
the boundaries of the Township, in consideration of the following:
A.
Congress has prohibited the FAA from promulgating binding and enforceable
rules and/or regulations governing the recreational or hobby operation
of small noncommercial unmanned aircraft, more commonly referred to
as drones;
B.
The Township has an interest in protecting life and property belonging
to its citizens who live and work within the unmanned aircraft systems
restricted land;
C.
The Township has traditionally had the responsibility and jurisdiction
to regulate matters that occur from ground situated within its boundaries
and below the minimum safe altitude for manned aircraft for the protection
thereof;
D.
The Township desires to take affirmative action for the protection
of life and property within its boundaries;
E.
The Township desires to fill the void of regulation regarding small
noncommercial unmanned aircraft operated from ground situated within
its boundaries;
F.
The proliferation of small noncommercial unmanned aircraft has given
rise to the need to protect flights departing and arriving at the
airport, as well as the privacy and safety of citizens;
G.
The FAA has called upon law enforcement agencies to deter, detect,
investigate, and, as appropriate, pursue enforcement actions to stop
unauthorized operation of small noncommercial unmanned aircraft; and
H.
The Township has the power and authority to regulate matters occurring
on the land situated within its boundaries.
[Ord. No. 459, 7/10/2018]
1.
No person shall operate a small noncommercial unmanned aircraft from
a ground-based location within the Township boundaries that is situated
within safety critical land.
2.
No person shall operate a small noncommercial unmanned aircraft from
a ground-based location within the Township that is situated within
unmanned aircraft systems restricted land, but is not situated within
safety critical land, without first contacting the Pittsburgh Airport
Authority and the Pittsburgh FAA flight tower to request any necessary
waiver that is required.
3.
No person shall operate a small noncommercial unmanned aircraft within
the geographical boundaries of the Township in violation of any term,
condition, directive, or applicable regulation imposed by the FAA,
including, but not limited, to 14 CFR Part 101, Subpart E, and 14
CFR Part 107.[1]
[1]
Editor's Note: See Appendix A, which is included as an attachment to this chapter.
4.
No person shall operate a small noncommercial unmanned aircraft that
is required to be registered with the FAA, unless it is marked and
registered in accordance with the applicable FAA regulations.
5.
The following restrictions shall apply to all small noncommercial
unmanned aircraft operated within the Township:
A.
Must weigh less than 55 pounds (25 kilograms).
B.
Must remain within visual line-of-sight of the person operating it.
C.
May not operate over any persons not directly participating in its
operation.
D.
May not operate over any private property at an altitude of less
than 100 feet above ground level without the permission of the property
owner.
E.
May only be operated during daylight hours.
F.
May not exceed a maximum altitude of 400 feet above ground level
unless such other altitude restrictions are applicable.
G.
May not operate more than one unmanned aircraft at one time.
H.
May not operate an unmanned aircraft from a moving vehicle.
I.
May not operate an unmanned aircraft in a careless or reckless manner.
J.
May not operate an unmanned aircraft carrying hazardous materials
or any instruments reasonably likely to cause harm to persons or property.
6.
The Township, in its sole discretion, shall, via the Township Manager
or Township Police Department, have the authority to prohibit the
flight of small noncommercial unmanned aircraft during an emergency
or at any time the Township deems it in the public interest.
7.
The provisions of this part shall not apply to unmanned aircraft
owned or operated by or at the direction of the Township, including
the Township Police Department, or any Township emergency service
using said unmanned aircraft in its official capacity.
[Ord. No. 459, 7/10/2018]
1.
Any person found to be in violation of any provision of this part,
upon conviction before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
less than $100 nor more than $1,000, plus costs, including reasonable
attorney's fees incurred by the Township, and, in default of payment
of said fine and costs, shall be sentenced to a term of imprisonment
to the extent permitted by law. A separate offense shall arise for
each day or portion hereof in which a violation of this part is found
to exist and for each section of this part found to have been violated.
Further, each takeoff and flight in violation of this part shall constitute
a separate offense. The Township may also commence appropriate actions
in equity or other to prevent, restrain, correct, enjoin, or abate
violations of this part. All fines and penalties collected for violations
of this part shall be paid to the Township Treasurer.
2.
All sworn officers of the Township, including police officers and
code enforcement officials, are hereby authorized to make the initial
determination of a violation of this part and issue a citation for
the same.
3.
Nothing under this part shall prevent the referral of a matter to
the FAA or federal authorities for investigation and enforcement of
applicable laws and regulations.
[Ord. No. 459, 7/10/2018]
1.
This part is intended to be a lawful exercise of the Township's police
and regulatory powers available to it under applicable state and federal
law. Nothing in this part is intended to impede or conflict with any
federal law, FAA-issued restrictions, or powers of the FAA to enforce
any applicable federal law or regulation.
2.
In the event that the FAA initiates an enforcement action or other
proceeding against any person who is also in violation of this part,
upon written request of the FAA, the Township shall suspend any pending
enforcement action for a period of not less than 60 days. After the
expiration of such suspension of enforcement proceedings, the Township
may proceed with any appropriate actions, including pursuit of penalties
authorized by this part. Such penalties shall be in addition to any
action taken by the FAA.
3.
If, at any time, the FAA amends existing rules and regulations or
enacts new rules and regulations regarding the operation of small
noncommercial UA, the Township shall have the right to amend this
part accordingly.
4.
To the extent any portion of this part is, for whatever reason, found
to be invalid, the remaining portions shall remain in full force and
effect unless and until modified by the Township by subsequent enactment.
