Ord 776ORDINANCE NO.776
AN INTERIM ORDINANCE ADOPTED AS AN URGENCY
MEASURE TO ESTABLISH A MORATORIUM ON LAUNCHING, LANDING,
AND OPERATING UNMANNED AIRCRAFT SYSTEMS IN THE OPEN SPACE —
RECREATION (OS -R), OPEN SPACE — RESOURCE MANAGEMENT (OS -RM),
PLANNED COMMUNITY (PC), AND RURAL RESIDENTIAL
(RR -A THROUGH RR -C) ZONES IN THE CITY OF POWAY
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1: Findings and Declaration of Intent.
The City of Poway has an overriding interest in planning and regulating the use of
property within the City. Implicit in any plan or regulation is the City's interest in
maintaining the quality of urban life, the character of the City's neighborhoods, the
prevention of hazardous activities to protect against loss of life or property, and the
effective provision of emergency services. Without stable, well - planned neighborhoods,
and urban planning sections of the City can quickly deteriorate, with tragic consequences
to social, environmental, and economic values.
The proliferation of commercial and non - commercial uses of unmanned aircraft
systems, also known as "drones," or "unmanned aerial vehicles," including but not limited
to, "quadcopters," "hexacopters," or any other, similar, remote control aerial vehicles
capable of controlled flight and carrying a video or still camera system, creates an adverse
impact on the community, especially in areas containing brush and other combustible
foliage in the City. Permitting the free use of drones on properties in certain zones of the
City could lead to uncontrolled wildfires, and hamper emergency response efforts in
fighting wildfires, all to the disadvantage of owners of residential and commercial
properties in the City, and may not be compatible with existing and potential uses of
certain areas within the City. Therefore, it is the City's intent, in consideration of other
existing and potential uses within the City's open space, planned community, and rural
residential zones, to assure a degree of compatibility between the use of drones within
the City and the surrounding residential and commercial properties. This is especially
important and a matter of urgency in light of the existence of ongoing drought conditions,
and seasonal Santa Ana wind conditions that frequent the City. This intent will be
effectuated by a comprehensive study resulting in a possible revised zoning ordinance
related to drone uses in the City.
Federal laws related to the flight of drones in airspace, at any level above ground,
make the regulation of the flight of drones within the jurisdiction of the Federal Aviation
Administration, which therefore occupies the field in such flight regulations. The
preemption established by such regulations, however, does not extend to the use of land
within a local jurisdiction, including decisions on whether drones can take off or land, or
whether an operator of the drone can perform such tasks, when in the corporate limits of
a local jurisdiction such as the City.
Ordinance No. 776
Page 2
Section 2: Purpose.
The purpose of this ordinance is to place a moratorium on launching into flight,
operating, and landing following flight, drones (as defined herein) in the open space —
recreation (OS -R), open space — resource management (OS -RM), planned community
(PC), and rural residential (RR -A through RR -C) zones in the City of Poway until such
reasonable time as a detailed study of the possible adverse impacts such establishments
might have on residential and commercial uses, may be made.
"Drone" is defined as an unmanned aircraft system, or an unmanned aerial vehicle,
also known as remotely piloted aerial systems, used for either recreational or commercial
purposes, which is capable of carrying a payload, including cameras for still pictures,
video recording, or video streaming purposes, and is a fully- automated, powered, flying
vehicle, in communication with the operator by way of external control, remote, systems.
For the purposes of this ordinance any drone operated by local, state or federal law
enforcement or emergency response personnel while acting in their official capacities
shall not be included in this definition.
"Land" or "landing" means the controlled or uncontrolled return of a drone to the
ground or to any structure or person located on the earth's surface. For the purpose of
this definition a person is located on the earth's surface regardless of whether the person
is in actual physical contact with the earth at the time of landing.
"Launch" means to set forth a drone into flight.
"Operation," for the purposes of this ordinance, includes, but is not limited to,
controlling a drone before, during, or after its flight into airspace. "Operation" can include
active control of a drone in flight, controlling the flight of a drone based on pre-
programmed instructions, or altering a pre - programmed flight of a drone, all handled
remotely from the ground.
Section 3: Urgency.
This ordinance is an interim ordinance adopted as an urgency measure pursuant
to Government Code section 65858 and is for the immediate preservation of the public
peace, health and welfare. The facts constituting the urgency are these:
The City of Poway has hundreds of acres of open space and undeveloped
property, both for recreation or resource management, all to protect the sensitive fauna
and flora in and around the City. Due to the abundance of such open space areas, the
location of such areas, and the frequency of high winds combined with prevalence of
combustible vegetation, the City is particularly susceptible to wildfires, whether started in
the City or outside of the City, and has recently experienced wildfires within its boundaries,
causing significant damage to life and property.
Ordinance No. 776
Page 3
Section 4: Regulation.
No person shall launch, operate, or land, as defined herein, any drone in the open
space — recreation (OS -R) zone, the open space — resource management (OS -RM) zone,
planned community (PC), or any rural residential (RR -A through RR -C) zones, until such
reasonable time as a detailed study may be made and the zoning and /or any necessary
specific plan amendment, and public hearing processes pertaining to these matters is
completed, or until October 15, 2015, whichever occurs sooner, except as may be
extended as provided by Government Code section 65858.
Section 5: Enforcement.
Any person violating any provision of this ordinance shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter
1.08 of the Poway Municipal Code.
Section 6: Severability.
If any portion of this ordinance is held to be illegal or otherwise invalid by any court,
such portion shall be severable from the remainder, and the remainder shall continue in
full force and effect.
Section 7: Taking Effect.
This ordinance shall take effect immediately upon passage by a 4 /5ths vote of the
City Council, and in accordance with Government Code section 65858 and Poway
Municipal Code section 2.18.100 and will be of no further force or effect on the date that
the above - mentioned zoning ordinance becomes operative, or until October 15, 2015,
whichever is sooner, except as may be extended as provided by said sections.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 1st day of September 2015.
Steve Vaus, Mayor
ATTEST:
Sheil . Cobian, CMC, City Clerk
Ordinance No. 776
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway do hereby certify,
under penalty of perjury, that the foregoing Ordinance No. 776, was duly adopted by the
City Council at a meeting of said City Council held on the 1st day of September 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, GROSCH, VAUS
NOES: MULLIN
ABSENT: NONE
DISQUALIFIED: NONE
Sheila . Cobian, CIVIC, City Clerk
City of Poway