52-18 Drone Ordinance - Laserfiche WebLink

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BILL NO. 52-18 ORDINANCE NO. Filed in Clerk's Office SEP 18 2018 KAREEMAH FOWLER N CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING ARTICLE 15, SECTIONS 14.157 TO AND INCLUDING 14.159 OF CHAPTER 14, OF THE SOUTH BEND MUNICIPAL CODE REGULATING THE USE AND OPERATION OF UNMANNED AIRCRAFT SYSTEMS STATEMENT OF PURPOSE AND INTENT Congress has vested the Federal Aviation Administration with authority to regulate the areas of airspace use, management and efficiency, air traffic control, safety, navigational facilities; and aircraft noise at its source. Pursuant to this authority, the Federal Aviation Administration has promulgated rules for small, unmanned aircraft systems conducting non - recreational or non -hobby operations, which define permissible hours of flight, line -of -sight observation, altitude, operator certification, optional use of visual observers, aircraft registration and marking, and operational limits. To the extent that the Federal Aviation Administration has enacted these rules, it has preempted any similar State or Local regulation. Laws traditionally related to State and Local police power, including land use, zoning, privacy, trespass, and law enforcement operations, are generally not subject to Federal regulation. The intent of this ordinance is to establish responsible and safe use and operation of unmanned aircraft systems pursuant to the local police power of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 14 is hereby amended to include Section 14.157 to 14.159 to read as follows: Section 14.157: Defmitions a) "Unmanned aircraft systems" (UAS) means an aircraft of any weight operated without the possibility of direct human intervention from within or on the aircraft.