Is it legal for a US community to ban drone use

[leggo414]

So I have a P3S, as well as a mavic, and I like to take them on vacation. I have an apartment on a small island just off the coast of Miami, and I would like to bring my drone the next time I go. The thing is, drones have been causing some privacy issues for the apartment buildings on the island, so the Island decided to "ban" drones. Correct me if I'm wrong, but this is US territory, and since they are not a lawmaking body, or government body, they cannot ban drones. Also, the statement that they issued that "bans" drones, doesn't cite any government or legal force giving them the power to do this, it just states that you cant fly a drone there. Can I ignore their "rules", and go flying? My drone is registered with the FAA for recreational use, and I will make sure to stay within the law by calling and notifying nearby airports and such.

I know that even if this is legal, I will likely still be approached by Island Security, and I'm fine standing up for my rights to fly the drone, provided that I am correct about the legality. Even if they call the cops, if I can show them that it is legal, I think it would be worth it to get some cool shots of this location.

The Island is populated with high end hotels and apartment buildings, and is still part of the city of Miami, it doesnt have its own lawmaking system or anything, leading me to believe that this statement doesn't have any bearing legally.

 

[kndll]

are you right at the seashore ? take off from beyond the high water mark and fly over the ocean , avoid flying in over the island

 

[leggo414]

are you right at the seashore ? take off from beyond the high water mark and fly over the ocean , avoid flying in over the island

I am right at the seashore, but there's no beach. Its a man made island, and the water goes right up to a small cement wall at the shore of the island. I would also like to get some shots on the island as well, so flying over land would be ideal.

 

[FlyGary]

I don't think they can ban your drone. But they can file a complaint for disturbing the peace.
Do a flip on the issue and offer to fly and shoot videos/stills for their own use.
But get a 107 to cover the bases.

 

[Richard R]

Land owners can certainly restrict taking off and landing on their own property. After that, the FAA is 'supposed' to be the arbiter of where we can fly.

 

[Richard R]

So who is the 'island'? Is it a HMO, some type of community council, etc? Might want to ask for which Governing body passed the restriction and by what authority. Might ask them while on the subject if they have consulted the relevant FAA regulations about control of airspace and 'drone' flights. let us know what you find out. there are going to be more and more of these issues that we are all going t have to contend with.

 

[MapMaker53]

Sounds like a governing body in authority over the entire island community has decided to ban drones. That generally means take off and landings and low-level flights that might disturb peace and privacy. If it is private land, they have the authority to do so. You say you have an apartment there. Is it part of a private community that takes up the entire island? Be careful how far you take this because they might be able to revoke your lease if you don't abide by their rules. Finding places in a metro area where you can legally fly a drone for recreation, unfortunately, isn't easy. And getting into a legal spat just because you feel you are right might get very expensive for you. Good luck.

 

[leggo414]

Sounds like a governing body in authority over the entire island community has decided to ban drones. That generally means take off and landings and low-level flights that might disturb peace and privacy. If it is private land, they have the authority to do so. You say you have an apartment there. Is it part of a private community that takes up the entire island? Be careful how far you take this because they might be able to revoke your lease if you don't abide by their rules. Finding places in a metro area where you can legally fly a drone for recreation, unfortunately, isn't easy. And getting into a legal spat just because you feel you are right might get very expensive for you. Good luck.

We do own our apartment there, its not a lease, however it is possible they included something in our contracts about following Island rules. I do believe it is public property however, from details such as the island's streets are real streets, that are patrolled by police, and you can get ticketed for illegal parking on said streets. The organization that issued this "ban" is more of a condo association than it is a governing body. With that said, I don't want to get into a lengthy legal battle, so I probably will contact the island, citing FAA regulations, and asking for permission to fly. Thanks for your input.

 

[AdvRider]

So I have a P3S, as well as a mavic, and I like to take them on vacation. I have an apartment on a small island just off the coast of Miami, and I would like to bring my drone the next time I go. The thing is, drones have been causing some privacy issues for the apartment buildings on the island, so the Island decided to "ban" drones. Correct me if I'm wrong, but this is US territory, and since they are not a lawmaking body, or government body, they cannot ban drones. Also, the statement that they issued that "bans" drones, doesn't cite any government or legal force giving them the power to do this, it just states that you cant fly a drone there. Can I ignore their "rules", and go flying? My drone is registered with the FAA for recreational use, and I will make sure to stay within the law by calling and notifying nearby airports and such.

I know that even if this is legal, I will likely still be approached by Island Security, and I'm fine standing up for my rights to fly the drone, provided that I am correct about the legality. Even if they call the cops, if I can show them that it is legal, I think it would be worth it to get some cool shots of this location.

The Island is populated with high end hotels and apartment buildings, and is still part of the city of Miami, it doesnt have its own lawmaking system or anything, leading me to believe that this statement doesn't have any bearing legally.

So I have a P3S, as well as a mavic, and I like to take them on vacation. I have an apartment on a small island just off the coast of Miami, and I would like to bring my drone the next time I go. The thing is, drones have been causing some privacy issues for the apartment buildings on the island, so the Island decided to "ban" drones. Correct me if I'm wrong, but this is US territory, and since they are not a lawmaking body, or government body, they cannot ban drones. Also, the statement that they issued that "bans" drones, doesn't cite any government or legal force giving them the power to do this, it just states that you cant fly a drone there. Can I ignore their "rules", and go flying? My drone is registered with the FAA for recreational use, and I will make sure to stay within the law by calling and notifying nearby airports and such.

I know that even if this is legal, I will likely still be approached by Island Security, and I'm fine standing up for my rights to fly the drone, provided that I am correct about the legality. Even if they call the cops, if I can show them that it is legal, I think it would be worth it to get some cool shots of this location.

The Island is populated with high end hotels and apartment buildings, and is still part of the city of Miami, it doesnt have its own lawmaking system or anything, leading me to believe that this statement doesn't have any bearing legally.

Sounds

So I have a P3S, as well as a mavic, and I like to take them on vacation. I have an apartment on a small island just off the coast of Miami, and I would like to bring my drone the next time I go. The thing is, drones have been causing some privacy issues for the apartment buildings on the island, so the Island decided to "ban" drones. Correct me if I'm wrong, but this is US territory, and since they are not a lawmaking body, or government body, they cannot ban drones. Also, the statement that they issued that "bans" drones, doesn't cite any government or legal force giving them the power to do this, it just states that you cant fly a drone there. Can I ignore their "rules", and go flying? My drone is registered with the FAA for recreational use, and I will make sure to stay within the law by calling and notifying nearby airports and such.

I know that even if this is legal, I will likely still be approached by Island Security, and I'm fine standing up for my rights to fly the drone, provided that I am correct about the legality. Even if they call the cops, if I can show them that it is legal, I think it would be worth it to get some cool shots of this location.

The Island is populated with high end hotels and apartment buildings, and is still part of the city of Miami, it doesnt have its own lawmaking system or anything, leading me to believe that this statement doesn't have any bearing legally.

Just tell law enforcement its part of your religion. Your Mavic is a cerimonial symbol of resurrection, ascension, flight of the sacred bumble bee, closeness to your God. I am sure the ALCU will come to your rescue if you've got something akin to a bible to explain your religion. Don't forget to scream in broken english "Drone is Great." Kidding aside, I am sure it's going to get darn near impossible for many enthusiast to fly without eventually offending someone, heck....UC Berkley burned down their campus and beat people due to one opinionated homosexual guy who told people being fat is a "choice." If you fly in populated areas, parks, over private property or just about anywhere people might be around, be prepared for potential confrontations. When I fly in the mountains I have learned to avoid certain enclaves of people because they now know the buzzing sound of my Phantoms and take multi-round pot shots at them when my craft are returning from a LITCHI mission...they probably have a meth lab they don't want me flying over.