ORDINANCE NO.

AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 6.43 TO TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANAHEIM MUNICIPAL CODE RELATING TO UNMANNED AIRCRAFT SYSTEMS (DRONES) AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IS NOT A "PROJECT", AS DEFINED IN SECTION 15378 OF THE STATE CEQA GUIDELINES.

WHEREAS, in recent years drone technology has progressed to the degree that unmanned aircraft commonly known as drones are now readily available to the general public; and

WHEREAS, it is now common for drones to be equipped with cameras and/or audio receivers and recorders that threaten privacy when flying or hovering above or outside private residences; and

WHEREAS, parts of the City of Anaheim (City or Anaheim) is in a high fire danger area because of its geography, dry seasons and lack of rain in the non-winter months, which is exacerbated during years of drought; and

WHEREAS, there are documented instances in California of drones interfering with emergency responders, especially with the use of airplane and helicopters to drop fire retardant or water on wildfires; and

WHEREAS, the Federal Aviation Administration (FAA) recognizes that it is in the interest of national security for manned aircraft to avoid flying over or in close proximity to facilities such as power plants, dams, industrial complexes, and other similar facilities, and has issued a Notice to Airmen strongly advising manned aircraft to avoid flying in such a manner. The FAA may extend this advisory to certain drones as well. The Anaheim Public Utilities Department serves approximately 115,000 residential and business customers from critical water and electric facilities. Safeguarding the reliability and operation of the City's water and electric utilities is important to ensuring the uninterrupted delivery of electricity and clean water throughout the City; and

WHEREAS, currently, neither federal nor state laws offer the necessary protections to adequately secure the interests described above from those operating a drone flown strictly for hobby, or recreational, or commercial use. Such drones are largely unregulated, but should be operated in accordance with a community-based set of safety guidelines like those published by the Academy of Model Aeronautics (AMA); and

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WHEREAS, this ordinance codifies relevant community-based safety guidelines; and

WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, this City Council has the authority to enact and enforce ordinances and regulations for the public health, safety and welfare of the City and its residents; and

WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and

WHEREAS, this City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project", as defined in Section 15378 of the State CEQA Guidelines; and

WHEREAS, this City Council finds and determines that this ordinance is a valid exercise of local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:

SECTION 1.

That new Chapter 6.43 (Unmanned Aircraft Systems (Drones) is hereby added to Title 6 (Public Health and Safety) ofthe Anaheim Municipal Code, to read in full as follows:

CHAPTER 6.43

Sections:

6.43.010 6.43.020

UNMANNED AIRCRAFT SYSTEMS (DRONES)

Definitions. Operation of Unmanned Aircraft and Unmanned Aircraft Systems.

6.43.010 DEFINITIONS

The following words and phrases, as used in this chapter, are defined as follows:

,01 "Unmanned Aircraft" or "UA" shall mean an aircraft, including, but not limited to, an aircraft commonly known as a "drone", that is operated without the possibility of direct human intervention from within or on the aircraft.

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.02 "Unmanned Aircraft System" or "UAS" shall mean an Unmanned Aircraft and associated elements, including, but not limited to, any communication links and components that control the Unmanned Aircraft .

. 03 "Civil UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any person for any purposes other than strictly hobby or recreational purposes, including, but not limited to, commercial purposes or in furtherance of, or incidental to, any business or media service or agency .

. 04 "Commercial Purposes" shall have the same meaning as attributed to the phrase "Engaged in Business" in Section 3.04.010.060 of this Code .

. 05 "Model Aircraft" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any person strictly for hobby or recreational purposes .

. 06. "Operate" shall mean to pilot, steer, direct, fly, guide, or manage an Unmanned Aircraft or Unmanned Aircraft System through the air remotely. The term "operate" includes, without limitation, managing or initiating an electronic control system that pilots, steers, directs, flies or manages an Unmanned Aircraft or Unmanned Aircraft System .

. 07 "Person" shall have the same meaning as it is defined in Section 3.04.010.080 of this Code .

. 08 "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System operated by any public agency for government related purposes.

6.43.020 OPERATION OF UNMANNED AIRCRAFT AND UNMANNED AIRCRAFT SYSTEMS

.01 Unless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft within the City of Anaheim:

.01.01. It is unlawful to operate a Model Aircraft in a manner that interferes with police or fire operations including, but not limited to, efforts to control, contain, or extinguish a fire from the air. It is unlawful to operate a Model Aircraft over or within 500 feet measured horizontally of an active police or fire investigation, including a crime scene, traffic collision, or fire incident, or over or within 1,000 feet measured horizontally of a wildfire incident or operations .

. 01.02. It is unlawful to operate within 1,000 feet measured horizontally of or into a fireworks production.

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.01.03. It is unlawful to operate any Model Aircraft carrying or equipped with anything other than a camera, video camera, or related image or audio capturing equipment.

.01.04. It is unlawful to hover in place over private property without first obtaining permission from the property owner and/or the property tenant.

.01.05. It is unlawful to take pictures or videos or record sounds of individuals, homes, businesses, or property that are in an enclosed area from public view such as fenced backyards or the interior of any structure unless written expressed permission is obtained from the individual, property owner(s) or manager(s), or tenant(s) thereof

.01.06. It is unlawful to operate a Model Aircraft within 1,000 feet measured horizontally from the property line at Angel Stadium, the Honda Center, the Anaheim Convention Center, Disneyland Resort, or any other public or private accommodation or venue where more than 1,000 people are reasonably estimated to be in attendance .

. 02. Vnless otherwise authorized by federal law, the following shall apply to the operation of any Model Aircraft or Civil VAS within the City of Anaheim:

.02.01. It is unlawful to operate a Model Aircraft or Civil VAS in a manner that interferes with a manned aircraft, and Model Aircraft or Civil VAS shall always give way to a manned aircraft .

. 02.02. It is unlawful to operate a Model Aircraft or Civil VAS within the controlled airspace of any airport without the prior express authorization of the airport control tower .

. 02.03. It is unlawful to operate a Model Aircraft or Civil VAS higher than 400 feet above ground level.

.02.04. Model Aircraft and Civil VAS, when operating outdoors, shall only fly during daylight hours, which are defined as between official sunrise and official sunset, local time .

. 02.05. It is unlawful to operate Model Aircraft or Civil VAS over moving vehicles or unprotected persons, or in any way which interferes with vehicle traffic, or across a street with more than two lanes. It is unlawful to operate a Model Aircraft or Civil VAS over any individual(s) unless that individual(s) is directly participating in the operation of the VAS or located under cover that can reasonably provide protection from a falling VAS.

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.02.06. It is unlawful to operate Model Aircraft or Civil VAS within 1,000 feet measured horizontally of or in the airspace above any water delivery facility, reservoir, storage tank, pump station, treatment or intake facility, or any electric generating facility, substation or control center, or any electric transmission or distribution facility, or within 100 feet of any overhead wire, cable, conveyor, or similar equipment for the distribution of electricity or power, upon or along any public way or utility easement within the city, without the facility or equipment owner's consent, and subject to any restrictions that the facility or equipment owner may place on such operation .

. 02.07. It is unlawful to operate a Model Aircraft or Civil VAS while the operator is under the influence of alcohol or drugs .

. 02.08. It is unlawful to operate a Model Aircraft or Civil VAS beyond the visual line of sight of the operator. The operator must use his or her own natural vision without enhancement other than by corrective lenses prescribed for the operator. Individuals other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Visual line of sight means the operator has an unobstructed view of the Model Aircraft or Civil VAS. The use of vision-enhancing devices, such as binoculars, night vision goggles, infra-red or low-light cameras, powered vision magnifying devices, and goggles or other devices designed to provide a "first-person view" from the Model Aircraft or Civil VAS, do not constitute the visual line of sight of the operator. It is unlawful to operate a Model Aircraft or Civil VAS when the operator is on or in a moving vehicle.

.02.09. It is unlawful to operate a Model Aircraft or Civil VAS in a manner that is reckless or careless and endangers the safety of other persons or their property. The standard for careless or reckless operation shall be the same as the standard set forth in federal statutes or regulations governing aeronautics including, but not limited to, Federal Aviation Rule 91.13 .

. 02.10. It is unlawful to operate any Model Aircraft or Civil VAS in violation of any temporary flight restriction (TFR) , Notice to Airmen (NOTAM), or any other flight restriction issued by the Federal Aviation Administration or any other federal or state statute or regulation governing aeronautics.

.02.11. It is unlawful to operate a Civil VAS for Commercial Purposes in the City unless the operator has first obtained a City business license for such commercial flight operation purposes .

. 03. It shall be unlawful for any person to violate or fail to comply with this chapter. Any Person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in

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Section 1.01.370 (Violations of Code - Penalty) of Chapter 1.01 (Code Adoption and Construction) .

. 04. Operations authorized by the FAA - Exception. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person or operator who is authorized by the Federal Aviation Administration to operate any Model Aircraft, Civil VAS, or Public UAS in City air space pursuant to Section 333 of the FAA Modernization and Refonn Act of 2012 or a certificate of waiver, certificate of authorization, or airworthiness certificate under Section 44704 of Title 49 ofthe United States Code or other Federal Aviation Administration grant of authority for a specific flight operation(s), from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration.

SECTION 2. SEVERABILITY.

The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, tenn or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.

SECTION 3. CERTIFICATION.

The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.

SECTION 4. EFFECTIVE DATE.

This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.

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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the __ day of , 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the __ day of , 2018, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM

MAYOR OF THE CITY OF ANAHEIM

ArrEST:

ACTING CITY CLERK OF THE CITY OF ANAHEIM

121146

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