[[1]HISTORY: Adopted by the Township Council of the Township
of Monroe 9-24-2018 by Ord. No.
O:27-2018. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 123, Dances, adopted 12-13-1967
by Ord. No. O-8-67, as amended, was repealed 9-8-1998 by Ord. No.
O-28-98.
It is the purpose and intent of this chapter to address the
potential hazard unmanned aircraft and unmanned aircraft systems pose
to other aircraft in flight, and to persons and property on the ground.
This chapter is not intended to conflict with or preempt Federal Aviation
Administration (FAA) regulations, but rather to work in conjunction
with those regulations to promote public safety while recognizing
the limitation of the FAA's enforcement capabilities.
The following words, phrases and terms as used in this chapter
shall have the meanings indicated as follows:
To pilot, steer, direct, control, fly or manage an unmanned
aircraft or unmanned aircraft system through the air or on the ground.
The word "avigate" includes managing or initiating any elements of
an unmanned aircraft system.
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 positioning system (GPS) guided autopilot
mechanism and that may be equipped with any sensing device or capable
of any data collection.
The Federal Aviation Administration.
The meaning ascribed to the term in N.J.S.A. 2C:39-1.
A pursuit engaged in relaxation, and not for business purposes
and not for compensation or hire.
An unmanned aircraft or unmanned aircraft system operated
by any person strictly for hobby or recreational purposes. A model
aircraft operator is an individual who satisfies all of the exemption
criteria specified in Section 336 of Public Law 112-95, codified in
Part 101 of the FAA Regulations, and flies his/her aircraft in accordance
with a community-based set of safety guidelines and within the programming
of a nationwide community-based organization.
To pilot, steer, direct, fly or manage an unmanned aircraft
through the air whether from within the aircraft or remotely. The
term operate includes managing or initiating a computer system that
pilots, steers, directs, flies or manages an unmanned aircraft.
Real property and structures owned or leased by the Township
including, without limitation, parks, playgrounds, streets, sidewalks
and other rights-of-way, and buildings. Public property shall also
include real property and structures which are being leased by the
Township to a lessee.
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, WiFi, or other data
frequencies).
An unmanned aircraft that weighs less than or equal to 55
pounds, excluding toy aircraft.
[Amended 2-25-2019 by Ord. No. O:07-2019]
The gathering, without permission in a manner that is offensive
to a reasonable person, of visual images, physical impressions, sound
recordings, data or other information involving the private, personal,
business or familial activities of another person, business or entity,
or that otherwise intrudes upon the privacy, solitude or seclusion
of another person, business or entity, regardless of whether a physical
trespass onto real property owned, leased or otherwise lawfully occupied
by such other person, business or other entity, or into the airspace
above real property owned, leased or otherwise lawfully occupied to
such other person, business or other entity, occurs in connection
with such surveillance.
A glider or hand-tossed aircraft that is not designed for
and is incapable of sustained flight; may be controlled by means of
a physical attachment, such as a string or wire.
A device of any size that is used or intended to be used
for flight in the air, operated without the possibility of direct
human intervention from within or on the device. This definition includes
devices commonly known as model aircraft and drones, but excludes
toy aircraft.
Unmanned aircraft and its associated elements, including
the control station, communication link, data link, navigation equipment,
launch/recovery equipment, other support equipment and payload.
Any instrument, article or substance that, under the circumstances
in which it is used, attempted to be used or threatened to be used,
is readily capable of causing death or serious physical injury to
any person or damage to any property, including, but not limited to,
firing a bullet, projectile or laser.
A.
Takeoff and landing. It shall be unlawful for any person avigating any UA/UAS to take off from or land on or upon, except in an emergency, any Township-owned property except as specifically provided in § 123-4 below.
[Amended 2-25-2019 by Ord. No. O:07-2019]
B.
Any person who operates or causes to be operated any UA/UAS within
the limits of the Township of Monroe must be able to present, immediately
upon request by any Monroe Township Police Officer or Code Enforcement
Officer, a current certificate of aircraft registration issued by
the FAA for the UA/UAS, together with a remote pilot certificate where
the use of the UA/UAS requires such a certificate under 14 CFR Part
107.
C.
It shall be unlawful for any person to avigate any UA/UAS in the
air, on the ground, or on the water:
(1)
In a careless or reckless manner so as to endanger the life or property
of another;
(2)
In violation of any notice to airmen or any temporary or permanent
flight restriction issued by the FAA pursuant to 14 CFR 91, as amended;
(3)
In violation of any requirement or restriction issued by the FAA
applicable to UA/UAS, including, without limitation, the provisions
of 14 CFR Part 101 and 14 CFR Part 107; or
(4)
In a manner that interferes with law enforcement, firefighting, or
any government emergency operations.
D.
It shall be unlawful for any person to avigate any UA/UAS less than
400 feet above ground level in areas that have been designated a temporary
"no fly zone" by the Township. When a no fly zone is established,
the Township shall post notice of same on the official Township website
and on the public announcement board located in the Municipal Complex,
and shall also post warning signs in the vicinity of the no fly zone.
E.
It shall be unlawful for any person to operate any UA/UAS on the
grounds of, or less than 400 feet above ground level within the airspace
overlaying, a public school in the Township of Monroe without the
written permission of the school principal or higher authority, or
his or her designee, or equivalent school authority.
[Amended 2-25-2019 by Ord. No. O:07-2019]
F.
It shall be unlawful for any person to use any UA/UAS to capture
images of public school grounds in the Township of Monroe without
the written permission of the school principal or higher authority,
or his or her designee, or equivalent school authority.
[Amended 2-25-2019 by Ord. No. O:07-2019]
G.
It shall be unlawful for any person to avigate any UA/UAS that is
equipped with a firearm or other weapon.
H.
It shall be unlawful for any person to avigate any UA/UAS carrying
pyrotechnic devices that explode or burn, or any device which propels
a projectile or drops any object that creates a hazard to persons
or property.
I.
It shall be unlawful for any person to avigate any UA/UAS with metal-blade
propellers or with gaseous boosts.
A.
It shall be lawful for any law enforcement agency or emergency services
organization of or servicing the Township of Monroe, the County of
Gloucester, the State of New Jersey, or the United States government
to avigate any UA/UAS from or on or upon any public property provided
the flight is conducted in a lawful manner and for lawful purposes
and the agency or organization is operating the UA/UAS under 14 CFR
Part 107, including aircraft and pilot requirements, or has obtained
a blanket public certificate of waiver or authorization (COA), or
is otherwise authorized by state or federal law.
B.
This chapter shall not prohibit any federal, state, county or municipal
agency from the use of drones and unmanned aircraft for any lawful
and authorized purpose pursuant to applicable regulation.
C.
It shall be lawful for any person avigating any UA/UAS to take off
from or land on or upon any Township-owned property at any time of
the year, provided that the Township Code Enforcement Officer or his/her
designee has issued a written waiver after determining that the flight
can be conducted in conformance to the requirements and restrictions
contained in 14 CFR Part 101 or 14 CFR Part 107, whichever is applicable,
including, without limitation, the operating rules and remote pilot
certification rules, and in a manner that will not cause unreasonable
risk of endangering the life or property of another.
[Amended 2-25-2019 by Ord. No. O:07-2019]
D.
This chapter shall not prohibit individuals and entities from the
use of drones during daylight hours for business purposes in the airspace
within the boundary lines of private, commercial or residential property
with the property owner's consent, except that data collection shall
be limited to data collection of and relating to the properties that
provide consent thereto alone.
E.
Notwithstanding the provisions of this chapter, the authorized and
lawful operation and use of drones for commercial, business, educational,
scientific, research, environmental, and personal purposes shall be
in accordance with specific FAA regulations, if any.
F.
This chapter shall not prohibit the use of unmanned aircraft by an
owner of private property in the Township in the airspace within the
boundary lines of that property or in the airspace within the boundary
lines of private property in the Township with that property owner's
consent.
A.
Specific flight operations authorized by the FAA - exception. Notwithstanding
the prohibitions set forth in this chapter, nothing in this chapter
shall be construed to prohibit, limit or otherwise restrict any person
who is authorized by the FAA to operate any UA/UAS in Township of
Monroe airspace, pursuant to Section 333 of the FAA Modernization
and Reform Act of 2012 or a certificate of waiver, certificate of
authorization or airworthiness certificate under Section 44704 of
Title 49 of the United States Code or other FAA grant of authority
for a specific flight operation(s), from conducting such operation(s)
in Township of Monroe airspace in accordance with the authority granted
by the FAA.
B.
Operations prohibited by the FAA - clarification. Nothing in this
chapter shall be construed to authorize the operation of any UA/UAS
in Township of Monroe airspace in violation of any federal statute
or rules promulgated thereunder, including, but not limited to, any
temporary flight restrictions or notices to airmen issued by the FAA.
The operator of any UA/UAS shall immediately report to the Monroe
Township Police Department any operation of the UA/UAS on public property
involving:
A.
The Monroe Township Police Department and Division of Code Enforcement
are the local enforcing agencies charged with enforcing this chapter.
B.
Any person who violates any provision of this chapter shall, upon
conviction by a court of competent jurisdiction, be subject to a mandatory
fine of $100 for the first offense; $250 for the second offense; and
$500 for a third and any subsequent offenses.
C.
Enforcement actions for violations of this chapter shall be reported
to the FAA by the local enforcing agency in accordance with the FAA's
"Law Enforcement Guidance for Suspected Unauthorized Operations."
