The URL can be used to link to this page

Home My WebLink AboutD-2318-16 DronesSPONSORS: Councilors Carter, Finkam and Campbell ORDINANCE D-2318-16 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 6-69 TO CHAPTER 6, ARTICLE 4 OF THE CARMEL. CITY CODE Synopsis: Prohibits the use of an Unmanned Aircraft System at public events in the City of Carmel. WHEREAS, pursuant to Indiana Code § 36-8-2-4, the City of Carmel (the "City") may regulate conduct, or use or possession of property that might endanger the public health, safety or welfare; WHEREAS, Indiana Code § 35-46-8.5-1(b) prohibits the recording of images or data of any kind on the private property of another person via the use of an Unmanned Aircraft System ("UAS"); WHEREAS, local enforcement of reasonable UAS flight restrictions will better promote public safety and protect persons gathered in groups where a UAS incident would pose a greater risk of injury. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Following should be and the same is hereby adopted and shall be codified as Chapter 6, Article 4, Section 6-69 of the Carmel City Code, to wit: 4 6 — 69 Regulation of Unmanned Aircraft Systems (a) Definitions. 1. Private Space: any indoor or outdoor property owned or controlled by a private individual or entity. 2. Public Event: Any event, game, practice, contest, parade, rally, celebration or other gathering in either private space or public space, to which the public is invited or attends. 3. Public Space: any indoor or outdoor property (including streets and sidewalks) owned or controlled. by federal, state or local government, or an instrumentality of federal, state or local government. Ordinance D-2318-16 Page One of Four This Ordinance was prepared by Jon'Oberlander, Senior Assistant Carmel City Attorney, on 8/4/16 at 6:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\amurray\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6 I Z793KG\Drone Ordinance Clean Final Revised.docx SPONSORS: Councilors Carter, Finkam and Campbell 4. Unmanned Aircraft System ("UAS"): an aircraft without a human pilot onboard, which is controlled from an operator on the ground. Also sometimes called a drone. (b) Application. The regulations set forth in this Ordinance apply within the City of Carmel to the extent such airspace can legally be regulated by local ordinance. This ordinance shall not interfere with the authority of the Federal Aviation Administration ("FAA"). All operators of Unmanned Aircraft Systems must obey FAA and Indiana laws, rules and regulations as may be amended from time to time. (c) Prohibited Unmanned Aircraft System Activities. 1. It shall be unlawful without proper registration, operator licensure and approval as determined by applicable state and federal laws, rules and regulations, for a person to use or operate an Unmanned Aircraft System within a five hundred (500) yard horizontal radius of, or anywhere above, a public event. 2. If law enforcement has reasonable suspicion to believe there is immediate danger of death or serious injury to any person, it may immediately prohibit any Unmanned Aircraft System use. Within twenty-four (24) hours of prohibiting such use, law enforcement shall document the basis for the reasonable suspicion. (d) Non -applicability. 1. It is lawful to use an Unmanned Aircraft System within the. City to photograph, film, audiotape, or otherwise record an individual or individuals at a public event: i. If such use or operation is approved or authorized in writing by the owner of the private space or public space in which the public event is being held; ii. If the recording is captured for the purpose of mapping; iii. If the recording is captured by a City official in the course of their employment; iv. If the recording is captured by an individual or entity under contract with the City for the purposes of resource management, operation and maintenance of utilities to determine the integrity of the utility or to determine repairs. v. If law enforcement is using the Unmanned Aircraft System to execute a valid search warrant or if law enforcement is acting under circumstances in which an exception to the warrant requirement is applicable. Ordinance D-2318-16 This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 8/4/16 at 6:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\amurray\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6 I Z793KG\Drone Ordinance Clean Final Revised.docx Page Two of Four SPONSORS: Councilors Carter, Finkam and Campbell vi. If law enforcement is conducting a search for a missing or abducted person. 2. If an FAA -registered operator is granted approval by federal authorities to use an Unmanned Aircraft System under circumstances where such use would otherwise be prohibited under Subsection (c), the operator shall provide the following information to the Carmel Police Department at least forty-eight (48) hours prior to the event: (i) a copy of the registration certificate of any Unmanned Aircraft System intended to be used; (ii) a copy of the cover page of the operator's remote pilot certificate issued under 14 CFR §107.12 or Section 333 exemption; (iii) a certificate of liability insurance; and (iv) a copy of the operator's Certificate of Waiver or Authorization and Transportation Security Administration security waiver (if applicable). Failure to timely provide these documents prior to the use of an Unmanned Aircraft System within the City constitutes a violation of this ordinance. (e) Penalties. Any person who violates any of the provisions of this ordinance is subject to a fine that shall not exceed Five Hundred Dollars ($500) for each such violation. 2. In addition to the penalty specified above, any Unmanned Aircraft System and control box operated in violation of this ordinance may be impounded for a period of time not to exceed seven (7) calendar days in the interests of public safety. The owner of the Unmanned Aircraft System may appeal this impoundment to a court of competent jurisdiction located in Hamilton County, Indiana." ` Section 3. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 4. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law. Ordinance D-2318-16 This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 8/4/16 at 6:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\amurray\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\61Z793KG\Drone Ordinance Clean Final Revised.docx SPONSORS: Councilors Carter, Finkam and Campbell Page Three of Four PASSED by the Common Council of the City of Carmel, Indiana, this �� day of 44 016, by a vote of -7 ayes and --V nays. COMMON COUNCIL FOR THE CI CARM Rd'hald E. Carter, President evin D. Rider Su F' am, Vi -President Laura D. Campbell ,,kWr Carol Schleif Presented by me to the Mayor of the City of Carmel, k,S r 2016, at :71 �,S- P .M. / this �u day of Christine S. Pauley, Cl4-Treasurer Approved by me, Mayor of the Ci�, Indiana, this K5 day of 2016, at ' - M. a JaKes Brainard, Mayor Ordinance D-2318-16 Page Four of Four This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 8/4/16 at 6:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\amurray\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\6 I Z793KG\Drone Ordinance Clean Final Revised.docx SPONSORS: Councilors Carter, Finkam and Campbell This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 8/4/16 at 6:15 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\amurrayWppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\61Z793KG\Drone Ordinance Clean Final Revised.docx