HomeMy WebLinkAboutOrd 05-18 Amending Chapter 5.100 and Adding Chapter 5.116 to Title 5 of the Dublin Municipal Code ORDINANCE NO. 05— 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.
Ord No. 05-18, Adopted 9/4/2018, Item No. 4.5 Page 1 of 4
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
Ord No. 05-18, Adopted 9/4/2018, Item No. 4.5 Page 2 of 4
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 (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.
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 parts 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 this 4th day of September, 2018 by the following vote:
AYES: Councilmembers Goel, Gupta, Hernandez, Thaiblum and Mayor Haubert
NOES:
ABSENT:
Ord No. 05-18, Adopted 9/4/2018, Item No. 4.5 Page 3 of 4
ABSTAIN:
MaOr
ATTEST: 6,:a
/- ck
City Ierk
Ord No. 05-18, Adopted 9/4/2018, Item No. 4.5 Page 4 of 4