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HomeMy WebLinkAbout4.5 - 2139 Drone Ordinance Amendments PLPA-2018-00019 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 4, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendments to Chapter 5.100 (Parks and Recreation Areas and Facilities) and Adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to Restrict the Operation of Unmanned Aircraft Systems Prepared by: Robert Paley, Assistant Planner EXECUTIVE SUMMARY: The City Council will consider amending the Dublin Municipal Code related to the regulation of unmanned aircraft systems. This includes an amendment to Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding of Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the operation of unmanned aircraft systems within portions of the City limits around Government Facilities and City-sponsored events The proposed amendment will promote public safety, protect people engaging in public e vents, and control activity below the navigable airspace over and within one -half mile of Government Facilities. On August 21, 2018, the City Council held a public hearing and introduced an Ordinance adopting the proposed amendments to the Dublin Municipal Code. The City Council is being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt an Ordinance Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the flying of unmanned aircraft systems within City limits. FINANCIAL IMPACT: None. PROJECT DESCRIPTION: An unmanned aircraft system (UAS), also known as a drone, is an aircraft without a human pilot onboard – rather, the UAS is controlled remotely from an operator on the ground. UAS are to some extent subject to regulation by the Federal Aviation Page 2 of 2 Administration (FAA) to ensure safety of flight, and safety of people and property on the ground. However, because UAS can fly at altitudes below the navigable airspace (generally set at 400 feet), the FAA’s regulations are somewhat limited. While some activities that are regulated by the FAA are also prohibite d by federal law, states and local jurisdictions are increasingly regulating the operation of UAS. An Ordinance has been prepared which restricts the operation of unmanned aircraft systems within City limits to ensure safety of flight, and the safety of people and property on the ground, as a reasonable use of municipal police power. The Ordinance amends Chapter 5.100 (Parks and Recreation Areas and Facilities) to clarify that drones are included in the City’s existing prohibition on the operation of “powered or line-attached model crafts of any kind or description” in City parks. The proposed new Chapter 5.116 prohibits unmanned aircraft systems from being deployed, launched, operated or flown in any airspace within a one-half mile radius of Government Facilities and City-sponsored events. Please refer to the City Council Staff Report dated August 21, 2018 for a complete discussion of the proposed Ordinance (Attachment 1). On August 21, 2018, the City Council waived the reading and introduced the proposed Ordinance. The City Council is being asked to waive the second reading and adopt the Ordinance (Attachment 2). ENVIRONMENTAL REVIEW: This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flying of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice regarding this Public Hearing was published in the East Bay Times and posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. ATTACHMENTS: 1. City Council Staff Report dated August 21, 2018 (without attachments) 2. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to Title 5 of the Dublin Municipal Code Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: August 21, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the operation of unmanned aircraft systems (PLPA-2018-00019) Prepared by: Robert Paley, Assistant Planner EXECUTIVE SUMMARY: The City Council will consider amending the Dublin Municipal Code related to the regulation of unmanned aircraft systems. This includes an amendment to Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding of Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welf are) of the Dublin Municipal Code to restrict the operation of unmanned aircraft systems within portions of the City limits around Government Facilities and City-sponsored events The proposed amendment will promote public safety, protect people engaging in public events, and to control the activity below the navigable airspace over and within one -half mile of Government Facilities. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and INTRODUCE an Ordinance Amending Chapter 5.100 (Parks and Recreation Areas and Facilities) and adding Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code to restrict the flying of unmanned aircraft systems within City limits. FINANCIAL IMPACT: None. PROJECT DESCRIPTION: An unmanned aircraft system (UAS), also known as a drone, is an aircraft without a human pilot onboard – rather, the UAS is controlled remotely from an operator on the ground. UAS are to some extent subject to regulation by the Federal Aviation Administration (FAA) to ensure safety of flight, and safety of people and property on the Page 2 of 3 ground. However, because UAS can fly at altitudes below the navigable airspace (generally set at 400 feet), the FAA’s regulations are somewhat limit ed. While some activities that are regulated by the FAA are also prohibited by federal law, cities face a challenge in enforcing these laws or relying on existing law to address unsafe or reckless operation of this technology. As a result, states and lo cal jurisdictions are increasingly exploring regulation of UAS or proceeding to enact legislation relating to UAS operations. In January 2017, the League of California Cities circulated a policy statement that provides guidelines for local agencies that are interested in establishing local UAS regulations. The guidelines recommend the following objectives for local UAS regulations: 1) Narrow the UAS regulations so as to enhance public safety without being unduly restrictive. 2) Do not attempt to change federal rules about navigable airspace. 3) Ensure reasonable use of municipal police power under Article XI, Section 7 of the California Constitution. 4) Do not invite charges of federal pre-emption, based on the guidance provided by the Federal Aviation Administration. 5) Ensure consistency, wherever possible, with existing FAA regulations. As UAS operations continue to increase dramatically due to changes in technology and increased popularity, and because of the lack of oversight at the Federal level, the authority to preserve uniquely local concerns can be addressed by the City. Therefore, this Draft Ordinance is being proposed in order to restrict the operation of unmanned aircraft systems within City limits in order to ensure safety of flight, and safety of people and property on the ground as a reasonable use of municipal police power. ANALYSIS: The draft Ordinance amends Chapter 5.100 (Parks and Recreation Areas and Facilities) and adds Chapter 5.116 (Unmanned Aircraft Systems) to Title 5 (Public Welfare) of the Dublin Municipal Code. The amendment to Chapter 5.100, and more specifically, Section 5.100.110 (D), is to clarify that the City’s existing prohibition of the operation of “powered or line-attached model crafts of any kind or description” in City parks includes UAS. The proposed new Chapter 5.116 prohibits the operation of UAS around Government Facilities and City-sponsored events. The Draft Ordinance prohibits unmanned aircraft systems from being deployed, launched, operated or flown in any airspace within a one- half mile radius of Government Facilities and City-sponsored events. The prohibition on operation and flight would not apply in the navigable airspace, as defined by federal law, which is the airspace above 1000 feet in elevation. The proposed ordinance would also require all unmanned aircraft systems flown within City-limits to be registered with the FAA and flown in accordance with all FAA regulations. For the ease of implementation, the ordinance adds a few relevant definitions. Page 3 of 3 The ordinance would restrict the flying of unmanned aircraft systems within City limits in order to promote public safety. The purpose of the restrictions are to protect persons gathered in groups where risk of injury is high due to a greater number of people gathered in a close proximity. The regulations implemented by this Ordinance are not intended to restrict legitimate hobbyists operating unmanned aircraft systems in compliance with FAA rules and any applicable laws, and outside of the prohibited areas. The Ordinance is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety while recognizing the limitations in the FAA’s enforcement capabilities. Enforcement Enforcement of the new regulations would continue to fall within the authority of Dublin Police Services as do several other activities outlined in Title 5 (Public Welfare). Similar to other activities within the City such as, graffiti or fireworks, the City has the authority to site an infraction as provided in Section 1.04.030 (Violations as misdemeanors or infractions—Penalties) of the Dublin Municipal Code. ENVIRONMENTAL REVIEW: This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Munici pal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flying of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City in accordance with Section 36933 of the Government Code of the State of California. ATTACHMENTS: 1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin Municipal Code ORDINANCE NO. XX - 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * ** * * * * * * * * * * * * * * AMENDING CHAPTER 5.100 (PARKS AND RECREATION AREAS AND FACILITIES) AND ADDING CHAPTER 5.116 (UNMANNED AIRCRAFT SYSTEMS) TO TITLE 5 (PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE TO RESTRICT THE OPERATION OF UNMANNED AIRCRAFT SYSTEMS PLPA-2018-00019 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS A. Unmanned aircraft systems are so-called drones or other unmanned aircraft that can fly under the control of a remote pilot, first person view, or via a global positioning system guided autopilot mode; and B. Federal laws and regulations allow unmanned aircraft systems to fly at altitudes below the navigable airspace (generally set at 500 feet above incorporated cities). Commercial operation of unmanned aerial system is regulated by the Federal Aviation Administration, which, among other things, has prohibited operations beyond the line of sight of the operator, above 400 feet, at night, and above people and structures . Federal law prohibits the FAA from regulating “hobbyist” operations to the extent operated within the line of sight of the operator ; and C. The City of Dublin currently prohibits the operation of “powered or line-attached model crafts of any kind or description” in all City parks, with some exception; but does not specifically identify “unmanned aircraft systems” (Dublin Municipal Code Section 5.100.110D); and D. Changes in technology require clarification that the prohibition of “powered or line- attached model crafts of any kind or description” also includes unmanned aircraft systems; and E. Unmanned aircraft systems have become increasingly popular and available to private citizens and hobbyists, as well as commercial enterprises; and F. Unmanned aircraft systems can be equipped with cameras, as well as mechanized to carry and drop packages; and G. Unmanned aircraft systems have become a threat to the public health, safety and welfare of the community for their ability to be flown with little restriction over public events and government facilities such as Alameda County Santa Rita Jail, Federal Correctional Institution (FCI) Dublin, Camp Parks and similar government lands within City limits; and H. The City Council desires to clarify the regulations pertaining to the use of unmanned aircraft systems within City parks, over public events, government facilities and other areas of the City to ensure the public’s health, safety and welfare in the City of Dublin; and I. The City Council held a duly noticed public hearing on the proposed amendments on August 21, 2018 at which time all interested parties had the opportunity to be heard. SECTION 2. Section 5.100.110 (D) (Parks and Recreation Areas and Facilities) of the Dublin Municipal Code is hereby amended to read as follows: D. Operate powered or line-attached model crafts of any kind or description and unmanned aircrafts systems, as defined in Section 5.116.020, except in areas provided for such specific activities; SECTION 3. Chapter 5.116 (Unmanned Aircraft Systems) is added to Title 5 (Public Welfare) of the Dublin Municipal Code to read as follows: "Sections: 5.116.010 Purpose and intent. 5.116.020 Definitions. 5.116.030 Restrictions. 5.116.040 Exemptions. 5.116.050 Enforcement. 5.116.010 Purpose and intent. This chapter is intended to promote public safety , protect people engaging in public events, and to control the activity below the navigable airspace over and within one-half mile of Government Facilities. All restrictions are intended to protect persons gathered in groups where risk of injury is high due to a greater number of people gathered in a close proximity. This chapter is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote public safety while recognizing the limitations in the FAA’s regulations and enforcement capabilities. 5.116.020 Definitions. “City-sponsored event” means an event as defined in Section 5.56.040. “Unmanned Aircraft Systems” means drones and other unmanned aircraft that fly under the control of a remote pilot, first person view, or via a global positioning system guided autopilot mode. “Government Facilities” means property owned and occupied by the United States of America (or any of its agencies), the State of California (or any of its agencies), the County of Alameda, the City of Dublin, the Dublin San Ramon Services District, and the Dublin Unified School District. Government Facilities specifically includes parks, as defined in Section 5.100.020, the Santa Rita Jail, the Federal Correctional Institution (FCI) Dublin, and Parks Reserve Forces Training Area. 5.116.030 Restrictions. A. Unless otherwise exempt under this chapter, it is unlawful for a person to: 1. deploy or launch an unmanned aircraft system within one-half mile of Government Facilities and City-sponsored events. 2. fly or operate an unmanned aircraft system in the airspace outside of the navigable airspace, as defined by federal law, that is within a one-half mile radius of Government Facilities and City- sponsored events. 3. operate an unmanned aircraft system without registering with the Federal Aviation Administration (FAA), where required by federal law or regulation. 4. operate an unmanned aircraft in a manner that is prohibited by federal law or regulations. 5.116.040 Exemptions. This chapter shall not prohibit the use of unmanned aircraft systems by the City or its designee, and any law enforcement agency for an otherwise lawful purpose and in a lawful manner. 5.116.050 Violation—Penalty. Any person violating any provision of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable as provided in the City has the authority to cite an infraction as provided in Section 1.04.030 Violations as misdemeanors or infractions —Penalties of the Dublin Municipal Code. SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT This Ordinance is exempt from the California Environmental Quality Act (CEQ A) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because th e adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure or authorize any activity, but rather restricts the flying of unmanned aircraft systems within the City. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 5. SEVERABILITY The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or par ts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this ___ day of __________, ____, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Mayor ATTEST: _____________________ City Clerk