Memo
TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
Andrew M. Miller, Town Attorney
DATE: September 8, 2016
DEPARTMENT: Town Attorney
Staff Contact
Andrew M. Miller, Town Attorney, 480-348-3691
End
AGENDA TITLE:
Title
Modifications to Unmanned Aerial Vehicle (“UAV” or “Drone”) Ordinance Due to the Change in State Law
Body
Council Goals
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 include 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 #16-06 amends the Town’s recently adopted and quite successful Drone regulations to eliminate provisions that are now preempted. The amendments proposed will eliminate provisions now preempted by state law and adopts new provisions allowed under state law, including: making violations of federal or state law a Town Code violation; prohibiting UAV use that interferes with a first responder; and prohibiting UAV take-offs and landings in the Town’s only park or preserve, the Mummy Mountain Preserve.
Recommendation:
Staff recommends Council discuss the modifications to the existing UAV ordinance and provide direction on the proposed changes to Town Code necessitated by the recent adoption of SB1449.
\
SB1449
Draft Ordinance No. 16-06