Stone Harbor NJ Bans Drones

Here is the ordinance https://ecode360.com/documents/ST2163/source/LF1056464.pdf

95% is standard FAA stuff. The other 5% contains things like:



Words like "vex, annoy, disturb, frighten" are so broad and could be invoked for any minutia. To not allow photography of someone in public that hasn't consented is totally opposite the laws in place, AFAIK.

And lastly:


Once again, an ordinance directly in opposition of federal laws (FAA NAS control).

Bottom line; local municipalities can NOT control the National Air Space. I'm no lawyer, but I would want to be on the FAA side of that argument. I'm reasonably sure that that one point would hold up in any court of law...outside N.J., of course. I would contact the FAA and tell them that local yokals are attempting to usurp and regulate the National Air Space. Let the FAA fight that battle for you. All you have to do is fan the flames.

I think it would be interesting to bring these points up to the local law makers to see what their response is. Dollars to doughnuts, they're ignorant of the FAA's position in the hierarchy. Ask them if they plan on regulating air speed next, and issuing citations for air speed infractions...LOL... If THAT doesn't bring your point home, I don't know what will.

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Being a municipality officer (City Council President and Mayor Elect), I think I'm okay giving this opinion. Most munipalities create ordinances that simply "revise" or "amend" an original ordinance. What this one lacks is a creation date at the bottom where the mayor and city recorder sign the amendment. Most cities include that on the unsigned version, for clarity. Clearly, this is an amendment to an original ordinance dated 2005.
 
Stone Harbor just past the far reaching ordinance in response to privacy complaints. They do not have their required forms available to fill out to receive permission to fly and photograph. Also, in general have no understanding of what they passed. I think I am going to purchase a portable take off pad to indicate location.
 
Bottom line; local municipalities can NOT control the National Air Space. I'm no lawyer, but I would want to be on the FAA side of that argument. I'm reasonably sure that that one point would hold up in any court of law...outside N.J., of course. I would contact the FAA and tell them that local yokals are attempting to usurp and regulate the National Air Space. Let the FAA fight that battle for you. All you have to do is fan the flames.

I think it would be interesting to bring these points up to the local law makers to see what their response is. Dollars to doughnuts, they're ignorant of the FAA's position in the hierarchy. Ask them if they plan on regulating air speed next, and issuing citations for air speed infractions...LOL... If THAT doesn't bring your point home, I don't know what will.

D
This version looks better than the original one I read, it’s fairly reasonable other than 405.15 (g) where they try to tell you that you can not fly over their buildings. They are not the FAA so if there is nobody on the ground I don’t think they have a say about flying in the sky.
But I guess if you are part 107 and avoid their buildings you should not have a problem with the city personnel.
 
This version looks better than the original one I read, it’s fairly reasonable other than 405.15 (g) where they try to tell you that you can not fly over their buildings. They are not the FAA so if there is nobody on the ground I don’t think they have a say about flying in the sky.
But I guess if you are part 107 and avoid their buildings you should not have a problem with the city personnel.

Local government can no more tell you that you can't fly over buildings no more than they can tell Boeing that they can't fly over buildings. The NAS is FAA territory. Period.

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This community may not have the right to restrict our drone flights over their properties, but the fact that they have made the effort to keep drones out of their community tells me that their are way too many irresponsible drone operators out there. Common sense should prevail, not some self righteous attitude that you can fly where ever you want and to hell with the folks on the ground. Don't be a jerk!
 
Yes agreed they can not tell you where to fly, I’m just saying that unless you want to drag them through court, fly away from their buildings. Personally if I lived there I would be more than happy to drag the city through a court case, it wouldn’t be a first for me! It’s just a hassle unless you have a reason to fly there.
:)


Local government can no more tell you that you can't fly over buildings no more than they can tell Boeing that they can't fly over buildings. The NAS is FAA territory. Period.

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Yes agreed they can not tell you where to fly, I’m just saying that unless you want to drag them through court, fly away from their buildings. Personally if I lived there I would be more than happy to drag the city through a court case, it wouldn’t be a first for me! It’s just a hassle unless you have a reason to fly there.
:)

I shoot real estate, film, and mapping photos for a living - 90% of it over buildings. If someone wants to threaten my livelihood because they "don't like it," they can take a long walk off a short pier. Seriously, how many times a MONTH do we see drones flying over our neighborhoods or over our houses? Now, how many times a DAY do we see planes and helicopters? The big difference is when full-scale aviation crashes, people die and property is destroyed. As far as I know, nobody has died from a drone landing on their roof or their back yard.

This really is an old, tired, worn out "peanut gallery-ish" subject. I honestly think drone operators need to start standing up for ourselves. I get the whole safety thing, but for the love of all that is holy, the drone safety record is 6 orders of magnitude better than commercial aviation. And nobody complains about them!!

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