Drone Ban Grounded after Outcry

STONE HARBOR – Following challenges to its first version of an ordinance which prohibited the flying of drones in the borough except under narrow business-related conditions, Stone Harbor Borough Council reintroduced a significantly changed ordinance April 2.
Borough Solicitor Marcus Karavan told council that the new version had been worked out in conjunction with the Federal Aviation Administration (FAA) in order to ensure that the ordinance was consistent with areas in which federal and state laws preempt municipal regulation.
Stating “the operation of unmanned aircraft such as model aircraft and civil unmanned aircraft systems commonly known as drones” can, at times, pose a hazard, the ordinance defined a series of prohibited activities with drones which stop short of a near total ban in the earlier version.
Those wishing to use unmanned aircraft within the borough to engage in business or efforts at filming or photography for commercial purposes must obtain a permit “pursuant to the appropriate federal, state and municipal authorities.”
While the ordinance mentions the municipality with respect to its language on permits, it gives no details on any permit process the borough might seek to impose.
In the new version, the borough’s attempt to regulate drone use is accomplished with a series of seven operational requirements which limit what a drone user can do without otherwise interfering with the ability of an individual to fly unmanned aircraft.
Individuals will not be allowed “to operate any model aircraft or unmanned aircraft systems” in ways that are careless or reckless. They cannot operate such aircraft to capture images, video or audio in situations where the subject “has a reasonable expectation of privacy.”
Drones cannot be used to harass, stalk or otherwise victimize individuals. This prohibition includes using the aircraft to follow, film or photograph a person who has not consented to such activity.
Drones cannot be operated in ways that interfere with a parade or motorcade, users must not use them in ways that interfere with the operation of any emergency responder, and they cannot be operated in ways that molest wildlife.
Finally, drone operators cannot fly aircraft that have weapons of any kind attached.
Unmanned aircraft flown on behalf of the borough are exempt from these requirements provided that they comply with all federal laws and regulations.
The ordinance establishes penalties for violation of the requirement with a first offense being punishable by a fine of not more than $500. Subsequent violations can carry penalties of up to $1,000 and/or incarceration for not more than 30 days.
While some members of council expressed regret that the borough could not impose its outright ban on most drone activity, Karavan said that the ordinance’s enumerated constraints on operation activity achieved the end of eliminating the behavior that was the base of the earlier attempt to ban use.
The ordinance will come up for a public hearing and a possible vote on adoption at the council’s May 7 meeting.
To contact Vince Conti, email vconti@cmcherald.com.