Sec. 46-16. - Unmanned aircraft systems, commonly known as drones; public safety, personal privacy.

(a)

Purpose and intent. This section is intended to promote personal privacy, public safety, and protecting people who patronize Narragansett municipal venues and attend large public events from the flying of unmanned aircraft systems ("UAS") in and over such large gatherings of people. The town council wishes to regulate the use of UAS, commonly known as drones, within a thousand-foot radius around the town beach during beach season and over other large venue special events in public parks, public facilities, streets, plazas, open spaces and the like that will attract large groups of people. All restrictions are intended to protect persons gathered in groups where a UAS incident would cause greater harm and risk of injury due to a greater number of people gathered in a close proximity. It is not intended to restrict legitimate hobbyists operating UAS in compliance with FAA rules and any other applicable laws, and outside of the prohibited areas. This section is not intended to preempt FAA rules, but rather to operate in conjunction with those rules to promote public safety while recognizing the limitation in the FAA's enforcement capabilities.

(b)

Definitions.

Applicant means the person or corporation that registers their UAS provided all the requirements in the Code have been met.

Beach season means the Saturday before Memorial Day to the day after Labor Day.

Event principal means the person or organization which has obtained a permit to conduct a large venue special event. The event principal for the town beach shall be the Town of Narragansett.

Large venue special event means any event held in a public space, open space, plaza, street, park, stadium, or any open-air facility or closed-air facility that is open to the public, ticketed and/or non-ticketed audience and is an event intended to attract people. A large venue special event includes, but is not limited to, a sporting event, concert, festival, protest, etc.

Unmanned aircraft systems (UAS) means an unmanned aircraft or unmanned aircraft system that can fly under the control of a remote pilot or by global positioning system (GPS) guided autopilot mechanism. UAS are more commonly known as "drones."

(c)

Prohibitions.

(1)

Unless otherwise exempt under this section, UAS are prohibited from being deployed, launched or flown in any airspace within 500 feet or over the town beach during beach season, any large venue special event in the Town of Narragansett, and over public parks, roads and public facilities during large venue special events.

(2)

In all other areas of the town, the following restrictions shall apply:

a.

UAS may not be larger than five pounds including any attachments, and may not be equipped with detachable cargo, releasable payload, or any device equipped to carry a weapon. Any modifications to a UAS must be pursuant to FAA approval and registered via the town's application process.

b.

UAS over five pounds may be operated only by a registered member of the Academy of Model Aeronautics (AMA), if the operator is subjected to and compliant with AMA rules. Notwithstanding the weight limit, all other provisions of this section shall apply.

c.

UAS may not be used to engage in either a physical or constructive invasion of privacy.

i.

A physical invasion of privacy occurs when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.

ii.

A constructive invasion of privacy occurs when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the person engaging in a personal or familial activity under circumstances in which the person had a reasonable expectation of privacy, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.

d.

Conditions in subsections (2)a. and b. above shall be included as conditions in the application process.

(d)

Application.

(1)

An event principal, or their designee, may apply for a permit to operate a UAS in conjunction with a permit to organize a large venue special event. Such permit will be issued at the sole discretion of the town, based on considerations of the type of activities which would tend to damage private/public property, endanger the public or event attendees, or which are likely to create an atmosphere which would discourage use of town-owned property, other locations or venues for their intended purpose.

a.

The application form shall be completed by the applicant.

b.

The application shall be processed by the town clerk's office, and require the assent of the chief of police or his/her designee.

c.

The applicant's form shall require the name of applicant, valid governmental issued identification, current address and phone number(s) of applicant, photograph of UAS to be registered, UAS name and serial number or product number, and statement of purpose for use of the UAS.

d.

Applications must be made at least seven days prior to requested usage time of UAS to ensure proper review of application by town officials.

e.

Applications are subject to a processing fee of $25.00.

f.

Rules and conditions. The following rules and conditions shall apply to applications sought pursuant to this section:

1.

UAS activity described in this article is allowed on a first come, first served basis.

2.

Applications are nontransferable, and are valid only on the date specified thereon.

3.

The applicant shall be held responsible for any damage and be liable to any third party.

4.

The applicant shall observe, obey and comply with the rules and regulations established by this section, as well as all applicable town, county, state and federal laws, rules and regulations.

5.

The applicant shall assume all risk in the use of the UAS and shall be solely responsible and answerable in damages for all accidents and injury to person or property, as well as fines in connection with violations of this section or other applicable law.

6.

Special conditions related to safety may be imposed for particular large venue special events depending upon occupancy or other safety considerations.

(e)

Exemptions. This section shall not prohibit the use of UAS by an applicant under this section or by any law enforcement or fire rescue agency for lawful purposes and operated in a lawful manner. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person who is authorized by the Federal Aviation Administration to operate small unmanned aircraft in any town air space, pursuant to sections 331—336 of the FAA Modernization and Reform Act of 2012 or certificate of waiver, certificate of authorization, or airworthiness certificate under section 44704 of Title 49 of United States Code or other Federal Aviation Administration grant of authority for a specific flight operation or operations, from conducting such operation(s) in accordance with the authority granted by the Federal Aviation Administration.

(f)

Enforcement.

(1)

Penalty. Any person who pleads guilty or is judged in violation of any provision of this section shall be subject to a fine in the amount of $500.00. UAS operated in violation of this chapter will be impounded and held until such fine is paid.

(2)

Adjudication. Any person charged with violating this section shall be entitled to a trial in the municipal court.

(g)

Liability and insurance.

(1)

Prior to the finalization of the application, the applicant/operator shall furnish to the town a signed statement, approved by the town solicitor, that the applicant/operator shall hold-harmless, indemnify and defend the town, its elected officials, officers, and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the application.

(2)

Applicant shall furnish and maintain such public liability and property damage insurance to protect from all claims and damage to property or bodily injury which may arise from operations under the application or in connection therewith subject to an assessment by risk management. The Town of Narragansett shall be named as an additional named insure to such policy.

(Ch. 1022, 6-6-2016)