TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
Andrew M. Miller, Town Attorney
DATE: September 22, 2016
DEPARTMENT: Town Attorney
Staff Contact Andrew M. Miller, Town Attorney, 480-348-3691
End
AGENDA TITLE:
Title
Adoption of Ordinance Number 2016-06; Modifications to Unmanned Aerial Vehicle (“UAV” or “Drone”) Ordinance Due to the Change in State Law
Body
Council Goals or Other Policies / Statutory Requirements:
RECOMMENDATION:
Recommendation
Adopt Ordinance Number 2016-06
Background
SUMMARY STATEMENT:
Due to the recent adoption of SB1449, which took effect on August 6, 2016, the bulk of the Town’s regulations on the use of UAV’s are now preempted. The existing Town Code provisions related to UAVs now preempted include: limitations on the use of UAVs over private and public property; requirements of obtaining the consent of a property owner prior to flying a UAV over such owner’s property; commercial user registration and notice; and restrictions based on traditional legal doctrines of privacy, trespass, or safety. The only enforcement powers left to municipalities after SB1449’s preemption provisions are: the enforcement of federal and state law; and restrictions that municipalities may adopt related to UAV take-offs and landings in municipal parks or preserves.
The attached draft Ordinance No. 2016-06 amends the Town’s recently adopted and quite successful Drone regulations to eliminate the Town Code provisions that are now preempted, and adopts the new provisions allowed under state law, including: prohibiting UAV take-offs and landings in the Town’s only park or preserve, the Mummy Mountain Preserve.
It is respectfully recommended that the Council adopt Ordinance No. 2016-06.
BUDGETARY IMPACT: None.
ATTACHMENT(S):
SB1449
Ordinance No. 2016-06