New Drone Law

[CooperstownFlyer]

Hi everyone, Our Village Board is proposing a new drone law that prohibits take offs/landings and any control of a drone from all Village property. This means parks, streets, sidewalks etc. They also propose a 1 mile complete prohibition around any designated “special events” of 200 people or more. This law is an addition to their already strict zoning regulations; an innovative approach. Thoughts?

 

[sar104]

They do have authority to regulate activities on the ground, so they can do that.

 

[Cellblock776]

What would prompt them to take such extreme measures? Have there been incidents of sUAVs being flown dangerously in the village lately?

 

[MapMaker53]

Not innovative at all. Many towns are adopting similar regulations, simply based on paranoia. I'm surprised the same people didn't ban cell phones when they started including a camera, which is a much easier tool for invading privacy.

 

[CooperstownFlyer]

Cooperstown is home to the Annual Baseball Hall of Fame Induction that draws between 25,000 to an estimated for the Derrick Jeter induction of over 100,000. Plus the Hall of Fame draws about 350,000 visitors each year. Village officials want local control.

 

[CooperstownFlyer]

Not innovative at all. Many towns are adopting similar regulations, simply based on paranoia. I'm surprised the same people didn't ban cell phones when they started including a camera, which is a much easier tool for invading privacy.

Thank you for your interest. Do you personally know of any other examples? How did they address signage?

 

[CooperstownFlyer]

Not innovative at all. Many towns are adopting similar regulations, simply based on paranoia. I'm surprised the same people didn't ban cell phones when they started including a camera, which is a much easier tool for invading privacy.

The proposed law (available on the Village of Cooperstown NY website) actually does not specifically address privacy. Their immediate concern is public safety in light of recent terrorist activity. Now the Village (1800 pop.) has to lock the public garbage cans!

 

[Cellblock776]

The proposed law (available on the Village of Cooperstown NY website) actually does not specifically address privacy. Their immediate concern is public safety in light of recent terrorist activity. Now the Village (1800 pop.) has to lock the public garbage cans!

Wow. So, the terrorists have already won. Hey, ISIS, <slow golf clap>, well done. The descendants of those who fought a civil war against their King, established a republic, fought and won 2 world wars, are now putting locks on their trash cans and restricting hobby aircraft because... terrorism. Wow. Well done ISIS. Well done indeed.

 

[joeyjan19]

Hi everyone, Our Village Board is proposing a new drone law that prohibits take offs/landings and any control of a drone from all Village property. This means parks, streets, sidewalks etc. They also propose a 1 mile complete prohibition around any designated “special events” of 200 people or more. This law is an addition to their already strict zoning regulations; an innovative approach. Thoughts?

I question if the city has the authority to control “air space”, yes they can prohibit ground operations but the sky’s are I believe are controlled by the federal government via the FAA. If locals could do this half the airports in the country would be closed at some time because some local politician’s kid didn’t get a job.

 

[MotorCycle-Man]

Too many people Think Our Drones have Zoom type lens...Great post joeyjan ! Yes all the area above ground in the USA is all controlled airspace By the FAA......I seen that posted her by a well known guy !

 

[sar104]

I question if the city has the authority to control “air space”, yes they can prohibit ground operations but the sky’s are I believe are controlled by the federal government via the FAA. If locals could do this half the airports in the country would be closed at some time because some local politician’s kid didn’t get a job.

But that's the point - they are apparently not attempting to control the airspace - only ground operations.

 

[bhartwell]

Interesting, not all that surprising. The local board is likely reacting to public complaints or potential complaints related to privacy, safety, etc. I have a couple of thoughts, for what it’s worth.

1. The board is required to hold a public hearing on the measure being considered. They are required to take into account public comments and input, which will be documented in the board minutes, before any decisions are made. If your really concerned and your neighbors feel likewise, attend the board meeting and voice your concerns.

2. If this is a municipal board, they have no right to impose restrictions on a property owners ability to operate a drone from their property, unless it can be proven to be a risk to public safety, runs afoul of zoning restrictions or is somehow labeled a public nuisance (i.e. it’s unreasonably noisy and a neighbor complains about it). Public safety would be a tough sell, unless the board can find local instances of drones hurting people or damaging property. I can’t imaging zoning restrictions would be an issue, and as your not operating commercially, not applicable in most cases anyway. So, all they really have would be defining the operation of a drone from your property as a public nuisance or disturbance of the peace. Again, a pretty tough sell and unlikely to hold up if challenged.

3. The board cannot restrict the use of the airspace over municipal property, but they can ban the take off and/or landing of a drone from the property they manage.

Just my 2 cents.

 

[PhantomHero]

So much for “ innocent until proven guilty “
Guess all motorcycle riders are in a gang, all teens listening to rap music are gangsters, all people of color are doing drugs, all gun owners are violent and going to kill people.
As an advocate of safety I hear the concern, but aren’t we putting the cart before the horse here?
There is ALWAYS concern of terror from everything from your mail to to your, I guess garbage cans now.
But we have to acknowledge that there are some bad people out there but most are GOOD. If we bow in fear to everything that poses a threat we should never open mail, use a cell phone, drive a car, or even leave the house. Threats are an obvious concern but we have no control over life. The only “control” this will have is over the ones that are already playing by the rules. Those that pose a threat are not going to care about any law or regulation placed upon the masses.

 

[BigAl07]

I question if the city has the authority to control “air space”, yes they can prohibit ground operations but the sky’s are I believe are controlled by the federal government via the FAA. If locals could do this half the airports in the country would be closed at some time because some local politician’s kid didn’t get a job.

They are only saying they control the ground. No portion of the OP stated they are trying to control airspace. He said "proposing a new drone law that prohibits take offs/landings and any control of a drone from all Village property. This means parks, streets, sidewalks etc. They also propose a 1 mile complete prohibition around any designated “special events” of 200 people or more."

That's just land use control which is legal and common across the US.

Too many people Think Our Drones have Zoom type lens...

Let's keep in mind that just because the current crop of DJI Phantoms don't have zoom (and this is a Phantom forum) doesn't mean that all sUAS don't have zoom. Many of us have other series of DJI aircraft and other brands of sUAS that DO indeed have zoom capability. In fact, some of them have some pretty amazing zoom capabilities.

 

[CooperstownFlyer]

Interesting, not all that surprising. The local board is likely reacting to public complaints or potential complaints related to privacy, safety, etc. I have a couple of thoughts, for what it’s worth.

1. The board is required to hold a public hearing on the measure being considered. They are required to take into account public comments and input, which will be documented in the board minutes, before any decisions are made. If your really concerned and your neighbors feel likewise, attend the board meeting and voice your concerns.

2. If this is a municipal board, they have no right to impose restrictions on a property owners ability to operate a drone from their property, unless it can be proven to be a risk to public safety, runs afoul of zoning restrictions or is somehow labeled a public nuisance (i.e. it’s unreasonably noisy and a neighbor complains about it). Public safety would be a tough sell, unless the board can find local instances of drones hurting people or damaging property. I can’t imaging zoning restrictions would be an issue, and as your not operating commercially, not applicable in most cases anyway. So, all they really have would be defining the operation of a drone from your property as a public nuisance or disturbance of the peace. Again, a pretty tough sell and unlikely to hold up if challenged.

3. The board cannot restrict the use of the airspace over municipal property, but they can ban the take off and/or landing of a drone from the property they manage.

Just my 2 cents.

Good points and thank you for your input. They held a public hearing and interestingly enough when I informed them of FAA regulations prohibiting flights over people, i.e. large gatherings, it looked like deer caught in the headlights. One Board member is a pilot and he is a voice of reason but the others are fearful for public safety.

 

[CooperstownFlyer]

Thank everyone for this discussion. Cooperstown has a large public image and many of their strict zoning and other regulations have been copied by other municipalities, so this is important to try and get right the first time.

 

[CooperstownFlyer]

So much for “ innocent until proven guilty “
Guess all motorcycle riders are in a gang, all teens listening to rap music are gangsters, all people of color are doing drugs, all gun owners are violent and going to kill people.
As an advocate of safety I hear the concern, but aren’t we putting the cart before the horse here?
There is ALWAYS concern of terror from everything from your mail to to your, I guess garbage cans now.
But we have to acknowledge that there are some bad people out there but most are GOOD. If we bow in fear to everything that poses a threat we should never open mail, use a cell phone, drive a car, or even leave the house. Threats are an obvious concern but we have no control over life. The only “control” this will have is over the ones that are already playing by the rules. Those that pose a threat are not going to care about any law or regulation placed upon the masses.

Thank you for the good points. I mentioned to the Board at their public hearing that this will only have an effect on knowledgeable (Part 107 and responsible hobby fliers) and have no effect on the guy who buys his drone in a drugstore and then takes to the air. How wold that person be aware of this particular regulation except when a police officer confronts them?

 

[N017RW]

Thank you for the good points. I mentioned to the Board at their public hearing that this will only have an effect on knowledgeable (Part 107 and responsible hobby fliers) and have no effect on the guy who buys his drone in a drugstore and then takes to the air. How wold that person be aware of this particular regulation except when a police officer confronts them?

I hear your point, loud and clear. But that does not provide for the absence of laws, regulations, or ordinances which are enacted to protect the public.

Remember this legal principle (cut from WWW):
Ignorantia juris non excusat[ or ignorantia legis neminem excusat (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because one was unaware of its content.

 

[sshephard]

I was in Rapid City, SD, a couple weeks ago thinking about flying my drone at a public park. But I thought I should do a search to see what the rules might be and I came across this refreshingly progressive response on the city’s web site.

“Q: Can you fly these aircraft in Rapid City.

A: Yes, Rapid City is a fantastically gorgeous community which any unmanned aircraft pilot would want to explore, however, there are some things to keep in mind: The operation of remotely piloted aircraft is permitted in city parks as long as the operator does not fly the aircraft within 50 feet of other park visitors. Any operator of an unmanned aircraft must keep the aircraft below 400 above ground level at all times. Also, the operation of unmanned aircraft is not permitted within a five-mile radius of Rapid City Regional Airport unless notification of the flight is given to the airport operator and the air traffic control tower.”

Here’s the link to the FAQ page: RCPD Frequently Asked Questions about unmanned aircraft or ‘drones’

 

[BigAl07]

I was in Rapid City, SD, a couple weeks ago thinking about flying my drone at a public park. But I thought I should do a search to see what the rules might be and I came across this refreshingly progressive response on the city’s web site.

“Q: Can you fly these aircraft in Rapid City.

A: Yes, Rapid City is a fantastically gorgeous community which any unmanned aircraft pilot would want to explore, however, there are some things to keep in mind: The operation of remotely piloted aircraft is permitted in city parks as long as the operator does not fly the aircraft within 50 feet of other park visitors. Any operator of an unmanned aircraft must keep the aircraft below 400 above ground level at all times. Also, the operation of unmanned aircraft is not permitted within a five-mile radius of Rapid City Regional Airport unless notification of the flight is given to the airport operator and the air traffic control tower.”

Here’s the link to the FAQ page: RCPD Frequently Asked Questions about unmanned aircraft or ‘drones’

Refreshing... that's the ideal word to describe that one.