[HISTORY: Adopted by the Board of Trustees of the Village of Cooperstown 4-23-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
It is the intention of the Village of Cooperstown Board of Trustees to protect and enhance the public health, safety, security, privacy, and well being of the residents of the community as well as of the guests and visitors thereto by the establishment of regulations and procedures governing the operation of unmanned aircraft (aka "drones") and/or unmanned aircraft systems (hereinafter "UAS").
Scope. The provisions of this chapter shall apply to the operation of UAS or unmanned aircraft ("drones") from or upon property located within the bounds of the Village of Cooperstown, or from or upon property owned by the Village outside the Village boundaries.
Applicability. The provisions of this chapter are intended to supplement applicable federal, state, and local laws, ordinances, codes, and regulations. Nothing in this chapter shall be deemed to abolish, impair, supersede, or replace existing remedies of the Village, county, state, or federal governments or the existing requirements of any other provision of local laws, regulations, law, or ordinances of the Village (e.g., nuisance, noise, etc.) or county, state, or federal governments. In case of conflict between any provisions of this law and any other applicable federal, state, or local law, ordinance, code, or regulation, the more restrictive or stringent provision or requirement shall prevail.
As used in this chapter, the following terms shall have the meanings herein indicated.
- A person, entity, or agency that is responsible for flying, operating, steering, or guiding an unmanned aircraft system (UAS); or unmanned aircraft (drone) so as to operate or control the course or destination of such craft or system.
- Land or real estate, improved or unimproved, whether privately or publicly owned.
- SPECIAL EVENT
- An event specifically recognized or designated by the Board of Trustees of the Village of Cooperstown, which event shall, by virtue of such designation, be deemed to be an event at which 200 or more members of the public (i.e., aka a mass gathering) will be likely to attend.
- A. A device which is designed, used, or intended to navigate or fly in the atmosphere without an onboard pilot and is typically guided by remote control or by onboard computer or geographical positioning system (GPS) guided autopilot mechanism.
- B. An aircraft that is operated without the possibility of human intervention from within or on the aircraft.
- C. Unmanned aircraft as regulated herein are also commonly referred to interchangeably "drones."
- UNMANNED AIRCRAFT SYSTEM (UAS)
- An unmanned aircraft (drone) and associated elements, including communication links and components that control an unmanned aircraft and which are necessary for the pilot to operate the unmanned aircraft.
No person, pilot, or operator shall launch, land, retrieve, or otherwise operate an unmanned aircraft (drone) in the Village of Cooperstown or upon Village-owned property outside the Village boundaries except on or from the following locations:
From or on an operator's own private property, but not, however, during those times Subsection D hereinafter applies.
From or on another person or entity's property, but only after first obtaining the express written permission of the owner of the subject property, and not during those times Subsection D hereinafter applies.
From or on any Village of Cooperstown owned, leased, or maintained property, including but not limited to streets, roadways, highways, lanes, sidewalks, parking lots, or parks, whether within the Village of Cooperstown boundaries or outside (i.e., Fairy Spring, Three Mile Point, etc.), but only after first obtaining the express written permission of the Village as hereinafter provided.
From or on any property situate in the Village of Cooperstown during a period extending from two hours before and continuing two hours after the conclusion and within one mile of any Village-designated special event, but only after first obtaining the express written permission of the Village as hereinafter provided.
Rules and procedure for obtaining Village permission relative to § 73-C and D hereof.
Any application to launch, retrieve, and operate a drone (UAS) on or from property in the Village of Cooperstown, or on Village-owned, -leased, or -maintained property outside the Village boundaries shall be submitted in writing to the Village Clerk not less than 10 business days before the scheduled date of operation. If the application meets the requirements of this chapter and does not endanger public safety or reasonable expectations of privacy, the Village Clerk shall approve a complete application, in consultation with Village of Cooperstown law enforcement as necessary.
The written application shall specify the name, local address, and telephone number of both the owner and operator of the drone (UAS), a copy of the drone registration and a copy of the operator's FAA remote pilot license, if applicable.
The written application shall include the purpose of the operation, the proposed time and date of operation, launch and recovery locations and area over which the drone would be operated.
The written application shall also include a signed statement that the applicant will comply with all FAA regulations, and state and local laws governing the operation of drones (UASs) and that the operator shall prevent trespass on private or Village property and/or surveillance or recording of areas where a person would have reasonable expectation of privacy.
A commercial applicant shall in addition provide with the application insurance certificates evidencing liability insurance in at least the amount of $100,000 per occurrence, and signed liability waivers or indemnification agreements from both the owner and operator of the drone (UAS).
This chapter is not intended to and does riot prohibit the use of a drone/UAS by a fire department, emergency medical squad or law enforcement agency to benefit public safety.
Village of Cooperstown law enforcement may cancel any permission to operate a drone (UAS) for weather, visibility, or any other conditions or situations that may cause concern for public safety or security, and that decision shall be final.
This chapter may be enforced by any law enforcement agency having jurisdiction to act in the Village of Cooperstown.
Any person found to be in violation of the provisions of this chapter shall be subject to a fine of $1,000 and/or confiscation of the offending unmanned aircraft system/drone.
If any portion or provision(s) of this chapter is/are deemed invalid, unconstitutional, or unenforceable, the remaining provisions shall continue in effect and enforceability.
This chapter shall take effect upon filing with the New York Secretary of State's Office.