Flying OVER Parks VS Flying IN Parks

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In general, if a city / county / state park doesn't prohibit flying OVER them (at a minimum altitude), then is it ok to launch from adjacent to the park and fly OVER the park?

Our county parks prohibit:
  • No person using parks shall engage in activities that endanger property, public safety or environmental resources. Nonpermitted activities include, but are not limited to:

    A.

    Operating or landing aircraft of any nature;

    B.

    Hang-gliding, paragliding or parachuting, except in areas specifically designated for such use;

    C.

    Hitting golf balls;

    D.

    Operating self-propelled model airplanes, boats, automobiles or other model craft;

    E.

    Participating in any activity or operating any device in such fashion that endangers property, public safety or environmental resources.

    (Ord. 3418 § 2 (part), 2004)
So reading that makes me believe that it prohibits doing these activities while the RPIC or the crew would actually be within the park. But standing across the street from the park would be ok???

Or is that just wishful thinking.
 
At the end of the day, this law means whatever a local cop and judge think it means. As a private pilot, I'm pretty sure that a municipality has no authority to regulate the airspace above its territory, but this town, like many others, is doing just that. Until someone has the time and money to fight an arrest and/or conviction through state courts up to and through Federal courts, the legal status of local airspace regulations is undetermined.
 
It is the same line of thought for any similar law, code, rule, etc.
That is- property rights are tied to the physical grounds not the airspace. This does not, as noted above, mean you won't be sought for questioning or other contact with authorities.
 

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