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Ord 780ORDINANCE NO. 780 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING CHAPTER 8.98 TO TITLE 8 OF THE POWAY MUNICIPAL CODE PROHIBITING THE LAUNCHING, OPERATING, AND LANDING OF UNMANNED AIRCRAFT SYSTEMS DURING DESIGNATED PERIODS OF EMERGENCY RESPONSE OPERATIONS IN THE CITY OF POWAY OR WITHIN TWO MILES OF THE CITY OF POWAY WHEREAS, the City of Poway (the "City ") has an overriding interest in planning and regulating the use of property within the City, which is essential for 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; and WHEREAS, 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; and WHEREAS, according to data from the Federal Aviation Administration, the number of drone incidents involving only airliners, and reported in California since April 1994 numbers almost 200; further, according to data collected by the California Department of Forestry & Fire Protection, the California Governor's Office of Emergency Services, and the California State Threat Assessment Center, more than ten unauthorized unmanned aircraft systems have interfered with or hampered emergency response efforts thus far in California's 2015 fire season; and WHEREAS, permitting the free use of drones in areas 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 periodic emergency response operations within the City, and within two (2) miles of the City if climatic conditions are such that delays to such responses by any emergency response teams, whether local, regional, state or federal, could prevent effective law enforcement, fire suppression, or helicopter ambulance services to respond; and WHEREAS, 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; and WHEREAS, the preemption established by such federal regulations does not extend to the use of land, and conduct of persons, located within a local jurisdiction, Ordinance No. 780 Page 2 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 8.98 is hereby added to Title 8 of the Poway Municipal Code to read as follows: Chapter 8.98 DRONE OPERATIONS DURING PERIODS OF EMERGENCY RESPONSE 8.98.010 Purpose. The purpose of this ordinance is to prohibit persons from launching into flight, operating, and landing following flight, drones (as defined herein) during such times that the City of Poway is experiencing an emergency response, as defined herein. 8.98.020 Definitions. As used in this chapter: A. "Director" is defined as the Director of Safety Services, or such person designated by the City Manager or Director of Safety Services to act in the capacity of Director. B. "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 carries a payload consisting of one or more cameras for still pictures, video recording, or video streaming purposes; which may be a fully- automated flying vehicle or in a communication link and responsive to operator control and direction; and is carrying its own source of power; and is in communication with the operator by way of external control, remote, systems. For the purposes of this chapter 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. C. "Emergency response" means situations where a city, county, state, or federal governmental agency, or any combination thereof, has initiated fire, paramedic, ambulance, or law enforcement services in response to an existing or threatened incident located within the City or within two (2) miles of the City limits, involving a wildfire, structure fire, flooding, seismic activity, accident, or criminal activity, which could require the use of airplanes, helicopters, or drones to provide assessment of conditions or actual emergency services to aid victims, transport persons or animals, suppress fires, or investigate or intervene in criminal activity. Ordinance No. 780 Page 3 D. "Enforcement officer" means any officer or employee of the City, and any law enforcement officer employed by the San Diego County Sheriff's office, with the authority to enforce the Poway Municipal Code, including but not limited to a code compliance officer, inspector, deputy sheriff, and the Fire Marshal. E. "Exempt drones" are defined as those drones owned or operated by (1) any local, state, or federal agency while acting in their official capacities; and (2) any public utility as defined in this chapter, but only when used to assess and inspect the public utility's facilities during a period of emergency response and with the consent of the Director. F. "Land" or "landing" means the controlled or uncontrolled return of a drone to the ground or to any structure, vehicle, 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. G. "Launch" means to set forth a drone into flight. H. "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. I. "Public utility" is defined as any gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, and sewer system corporation, each as defined in the Public Utilities Act of the State of California (Part 1 of Division 1 of the California Public Utilities Code, sections 201 et seq.). J. "Quadrant" shall mean one of the four (4) geographical zones in the City of Poway identified in section 8.98.030, each based upon public streets. Where a street that identifies a portion of a boundary of a quadrant terminates, its definition shall include all such property that would be included within the quadrant if the streets had extended in prolongations to the City limits. K. "Restricted" shall mean that certain drone activity is temporarily prohibited by this chapter. 8.98.030 Geographical zones of activity. For the purposes of this chapter, during those periods of emergency response designated by the Director the City shall be divided into four quadrants as follows: A. Quadrant A: The northern portion of the City bounded by Espola Road and Green Valley Truck Trail to the south. Ordinance No. 780 Page 4 B. Quadrant B: The eastern portion of the City bounded by the east- and west -bound portions of Green Valley Truck Trail to the north, the north- and south -bound portions of Espola Road and Poway Road to the west, and Garden Road and Sycamore Canyon Road to the south. C. Quadrant C: The southern portion of the city bounded by Poway Road and Garden Road to the north, and Sycamore Canyon Road to the east. D. Quadrant D: The western portion of the City bounded by Poway Road to the south, the north- and south -bound portions of Poway Road and Espola Road to the east, and the east- and west -bound portions of Espola Road to the north. 8.98.040 Prohibited activity. No person shall launch, land, or operate a drone while that person is located in any quadrant identified by the Director as a restricted quadrant during any period of emergency response. The Director may identify one or more, including all, quadrants as restricted during any emergency response. This prohibition shall not apply to the operator of any exempt drone. 8.98.050 Civil liability for enforcement services. Whenever a person launches, operates, or lands a drone in a restricted quadrant and a peace officer or code enforcement officer is called to the scene, the person or persons having control of the drone shall be liable for the cost of providing enforcement services during the response by enforcement officers, and any follow -up response by enforcement officers. 8.98.060 Reimbursement for costs of enforcement services. The actual cost of enforcement services described in section 8.98.050 shall be deemed a debt owed to the City, and if not paid, may be recoverable in a civil action, and shall be recoverable in a civil action, including reasonable attorneys' fees and costs. 8.98.070 Violations. A violation of any provision of this chapter or a failure to comply with any mandatory requirement of this chapter is subject to prosecution in accordance with Chapter 1.08 of the Poway Municipal Code and may be enforced through injunctive relief. Penalties for violation of the provisions of this chapter may result in a misdemeanor citation, punishable by a maximum of six months in jail and a $1,000 fine. In addition to any other remedies found in this Code any person found to violate this chapter shall be subject to civil penalties in the amount of $1,000 for each and every offense. Ordinance No. 780 Page 5 8.98.080 Reservation of legal options. The City of Poway does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this chapter. SECTION 2: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption. CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 3rd day of November 2015, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 17th day of November 2015. S eve Vaus, Mayor ATTEST: Sheila kCobian, CMC, City Clerk Ordinance No. 780 Page 6 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R. Cobian, CIVIC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 780,was duly adopted by the City Council at a regular meeting of said City Council held on the 17th day of November 2015, and that it was so adopted by the following vote: AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Sheila R. Cobian, CIVIC, City Clerk City of Poway