[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").
A.Â
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.
B.Â
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.
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 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.
An aircraft that is operated without the possibility of human
intervention from within or on the aircraft.
Unmanned aircraft as regulated herein are also commonly referred
to interchangeably "drones."
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:
A.Â
From or on an operator's own private property, but not, however, during those times Subsection D hereinafter applies.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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).
A.Â
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.
B.Â
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.
