The bill does not become effective until August 6, 2016, but it includes a provision that voids any local regulation Municipalities from regulating most types of drone activity. If your city or town has adopted or is considering adoption of an ordinance to regulate drone use it is important to be aware of the provisions of S.B. § 28-8280 was also expanded to include model aircraft and unmanned aircraft operated for commercial, business or media uses and cities and towns may continue to enforce The current misdemeanor violation for careless or reckless aircraft operation inĪ.R.S. Treatment facility, an electric generation facility, or a jail, prison or military installation. Examples of a critical facility include a water or wastewater Intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense. Prohibited by federal aviation law 2) interfere with law enforcement, firefighter or emergency services or 3) operate or use an unmanned aircraft or unmanned aircraft system to 1449 makes it unlawful for a person to: 1) operate a model aircraft or unmanned aircraft if the operation is In addition to the preemption language, the new A.R.S. That are available for model aircraft operation, or 2) the city or town only has one park or preserve that is within its boundaries. AĬity or town may regulate the takeoff or landing of model aircraft in a city or town-owned park or preserve if 1) there are other parks or preserves that are within the city or town A model aircraft is a type of unmanned aircraft or drone that is not used for a commercial purpose.Ī city or town is not restricted from adopting ordinances or rules for the operation of a drone owned by the municipality but cannot regulate other drones, except for model aircraft. Sustained flight in the atmosphere flown within visual line of sight of the other person operating the aircraft and flown for hobby of recreational purposes. The bill relies on the federal definition of "model aircraft," which means an unmanned aircraft that is capable of To the FAA definition and "means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or The bill's definition of "unmanned aircraft" is similar Of an unmanned aircraft or drone, except as authorized by law, and voids any city or town ordinance that violates this law. That would allow for the operation of small drones directly over people based on their size and the risk of injury.Īt the state level, Senate Bill 1449, sponsored by Senator John Kavanagh (R-Fountain Hills), was passed this year and preempts a city or town from regulating the ownership or operation In April 2016, the FAA published a report from an advisory committee about Micro Unmanned Aircraft Systems and is considering rulemaking Registration that weighs less than 55lbs. At the time, there was minimal federal regulation aside from small model aircraft In January 2016, the Legal Corner article discussed the increased sale of dronesĪnd the recently enacted registration requirements by the Federal Aviation Administration ("FAA"). In these two issue areas within the past six months and this article provides an update on the recent changes and the current status of the law relating to the operation ofĭrones and the use of policy body cameras in Arizona. Over the past year the Legal Corner highlighted the emerging technology of drones and police body cameras and its impact on cities and towns. Legal Corner: Updates on Drones and Police Body Cameras Christina Estes-Werther, League General Counsel League of Arizona Cities and Towns Connection
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