HomeMy WebLinkAboutItem 4.12 - 2187 Drone Ordinance Amendments Second Reading
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STAFF REPORT
CITY COUNCIL
DATE: September 18, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Adoption of 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:
At the September 4, 2018 City Council Meeting, the City Council took action to adopt
the Ordinance related to the regulation of unmanned aircraft systems; however, due to a
discrepancy in the Ordinance between the first reading and second reading, the City
Council is again 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.
DESCRIPTION:
At the September 4, 2018 City Council Meeting, the City Council waived the second
reading and adopted the Ordinance; however, due to a discrepancy in the Ordinance
between the first reading and second reading, the City Council is again being asked to
waive the second reading and adopt the Ordinance (Attachment 1). A second reading of
the Ordinance is required prior to adoption.
A copy of the September 4, 2018 City Council Staff Report is attached (Attachment 2).
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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.
ATTACHMENTS:
1. Ordinance Amending Chapter 5.100 and Adding Chapter 5.116 to the Dublin
Municipal Code
2. City Council Staff Report September 4, 2018
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, Dublin San
Ramon Services District, Dublin Unified Schoo l District, or 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. Th e 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 flyi ng 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 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
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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
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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 propose d
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