[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 12-7-2022 by Ord. No. 2022-19. Amendments noted
where applicable.]
The purpose of this chapter is to protect the public health,
welfare, and safety of the Borough's residents and visitors by
safely and securely managing the use of unmanned aircrafts, also commonly
known as "drones," in the Borough's airspace in a manner that
ensures there is no violation of federal and state laws and regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
The acquisition of information by use of one or more sensing
devices.
An unmanned aircraft that can fly under the control of a
remote pilot or by a geographic positions system (GPS) guided autopilot
mechanism and that is equipped with any sensing device or capable
of any data collection.
A device capable of acquiring data from its surroundings.
Sensing devices include, but are not limited to, cameras, microphones,
thermal detectors, chemical detectors, radiation gauges, and wireless
receivers in any frequency (including cellular, Wi-Fi, or other data
frequencies).
An unmanned vehicle or device of any size that is capable
of remote-control flight by any means and that does not possess any
sensing device and is not capable of any data collection.
No unmanned aircraft shall be operated in a manner that is violation
of any federal, state, and local laws, including but not limited to:
A.
A conviction under the operation of unmanned aircrafts pursuant to
N.J.S.A. 2C:40-27 et seq.;
B.
A conviction of harassment pursuant to N.J.S.A. 2C:33-4;
C.
A conviction for stalking pursuant to N.J.S.A. 2C: 12-10.1;
D.
A conviction of invasion of privacy pursuant to N.J.S.A. 2C:14-9;
E.
A conviction of obstructing administration of law or other governmental
function pursuant to N.J.S.A. 2C:29-1;
F.
A conviction for introducing contraband pursuant to N.J.S.A. 2C:29-6;
G.
A conviction of disorderly persons pursuant to N.J.S.A. 2C:40-28;
H.
A conviction of endangering another in violation of N.J.S.A. 2C:24-7.1;
and
I.
A conviction of contempt of a domestic violence order pursuant to
Subsection b of N.J.S.A. 2C:29-9 which constitutes a crime or disorderly
persons offense, or any other criminal offense, even if any other
conviction involves the use of an unmanned aircraft system, nor shall
the other conviction merge with a conviction under this section.
A.
All persons and entities shall complete and file an annual drone
registration form ("annual form"), which is available at the Borough
Clerk's office, at least 24 hours prior to the operation of any
drone. The Clerk shall maintain a copy of the registration and shall
also forward a copy of the registration with the Borough's Police
Department which shall be valid during the calendar year within which
it is filed.
B.
The annual form shall require the following:
(1)
The name, address, and telephone number of the person or entity filing
the annual form and that intends to operate the drone;
(2)
A statement that the pilot possesses a valid FAA remote pilot certificate
and attach a copy of same;
(3)
A statement that the pilot possesses a current and valid registration
with the FAA and attach a copy of same;
(4)
The purpose of the operation; and
(5)
A statement that the operator has reviewed the applicable FAA regulations
and intends to abide by them.
Enforcement of this chapter shall be within the authority of
the Borough of Kenilworth Police Department to ensure that there is
no violation of federal and state laws and regulations pertaining
to the use of unmanned aircrafts and drones for the safety and welfare
of the residents of the Borough. As it relates to the violation of
federal laws, the Borough of Kenilworth Police Department shall report
to the FAA any individual who operates an unmanned aircraft in a manner
that does not comply with FAA regulations.
Any person who has committed any offense in violation with this chapter shall be subject to penalties in accordance with § 1-1 of the general code as well as those penalties for violation of any applicable state law.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed to the extent of their inconsistencies
only. This chapter shall take effect 20 days after passage and publication,
as required by law.
Should any section, paragraph, sentence, clause, or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remaining portions of this chapter shall not be affected thereby
and shall remain in full force an effect, and to that end the provisions
of this chapter are hereby declared to be severable.
