New Odinance city of Broken Arrow, Ok

[Ozarkwoods]

Here is the new city ordinance put into law in Oklahoma, city of Broken Arrow. What are your thoughts on how I can approach the city on them. I want to talk to the city attorney, or city manager. Can you all give me info or links I can show them what hey can and cannot regulate.

From fox23 news
•The City of Broken Arrow is laying out some new regulations to manage drone use in city limits.
•The 14 new rules will go along with federal regulations already in place, and will give local code enforcement and police jurisdiction if there’s any problems.
•There’s also rules protecting citizens from getting bothered, harassed or intimidated by drone use. City officials say they haven’t gotten any complaints on drones, but want to get ahead of any problems that could arise.
•The city council will go over the rules again at their March 5th meeting.
•Here's a preview of the list and ordinance:
AN ORDINANCE AMENDING CHAPTER 16, OFFENSES - MISCELLANEOUS, ARTICLE I - IN GENERAL; SECTION 16-27 UNMANNED AIRCRAFT SYSTEM (UAS)/DRONES, CREATED, OF THE BROKEN ARROW CODE OF ORDINANCES; REPEALING ALL ORDINANCES TO THE CONTRARY; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BROKEN ARROW:
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SECTION I.
That Chapter 16, Article I, Unmanned Aircraft System (UAS)/ Drones, is hereby amended to read as follows:
Sec. 16-27. - Unmanned Aircraft System (UAS)/Drones.
A. This ordinanceprovides for the safe and reasonable usage of drones within City boundaries. It shall be unlawful and a Class A offense to operate a drone:
1. For audio and/or visual recording (including video-recording, live-streaming and photos) where there is a reasonable expectation of
privacy;
2. To harass, intimidate, disturb, annoy, threaten, frighten, vex, injure, or
victimize a person;
3. Outside of daylight hours (between official local times from sunrise to
sunset);
4. More than 400 feet above ground level;
5. Faster than 20 mph;
6. Beyond the visual line of sight of the person operating the drone;
7. Closer than 25 feet to any human being;
8. While under the influence of alcohol or drugs;
9. In a careless or reckless manner that would jeopardize the public;
10. Equipped with hazardous materials or any weapons or items that may be considered to be weapons;
11.In a manner that is prohibited by any federal statute or regulation;
12. In violation of any temporary flight restrictions or “Notice to Airmen” issued by the FAA;
13.In the path of any manned aircraft;
14. In a manner that directly interferes with police, firefighting, or emergency response activities that would jeopardize the integrity of such public safety activities.
B. This Ordinance does not prohibit the use of any model aircraft as described in Section 336 of the FAS Modernization and Reform Act of 2002 which does not transmit or record visual images or audio recordings of any person or real property located in the City.
C. This ordinance does not apply to the use of drones by law enforcement or public
safety agencies.
SECTION II.
Any ordinance or parts of ordinances found to be in conflict herewith are hereby repealed.

PASSED and APPROVED and the emergency clause ruled upon separately this 15th day of January ,2019.

Fox23 News link

 

[Torcan]

I don't see any restrictions to fly other than what we are required to do. They are not outright banning drones, they are basically just repeating everything that FAA regulates.
1. states
reasonable expectation of
privacy;

that is a given anywhere we fly

 

[sar104]

I don't see any restrictions to fly other than what we are required to do. They are not outright banning drones, they are basically just repeating everything that FAA regulates.

Apart from the "faster than 20 mph" and "outside of daylight hours".

 

[Ozarkwoods]

I don't see any restrictions to fly other than what we are required to do. They are not outright banning drones, they are basically just repeating everything that FAA regulates.
1. states
reasonable expectation of
privacy;

that is a given anywhere we fly

So outside of daylight hours, a hobbyist can’t fly?
Speeds no greater then 20mph

Within 25 ‘ of any human being is in the FAA rules? That would include myself as a pilot.

Isn’t daylight hours explained by FAA as 30 minutes before sunrise and 30 minutes after sunset.

 

[53-63-6f-74-74]

Press Release – FAA Statement–Federal vs. Local Drone Authority

 

[Ozarkwoods]

Also I realize that 336 has been repealed, and they are working on regulations for that section how ever if I chose to fly under rules 336 I could not fly my Mavic or race drones because it can transmit or record visual images of persons or real property.

 

[Torcan]

Also I realize that 336 has been repealed, and they are working on regulations for that section how ever if I chose to fly under rules 336 I could not fly my Mavic or race drones because it can transmit or record visual images of persons or real property.

I didn't go right down to the nitty gritty on the OP post, I was just saying that the ordinance was not that much different than what we are already obliged to abide by.
as far as filming ect, they have not banned it, they are stating where a reasonable expectation of privacy. meaning no peeping drones in windows, or zoom in on backyard sunbathing etc. that is how I read it. and you really think they mean the operator of the drone can't be withing 25 feet of his own drone because you are "any human"?? Blast away, I have big shoulders

 

[Mavicmaniac]

Pick and choose your fights, I thinks as long as you are flying using current rules and common sense you should be fine.

 

[Ozarkwoods]

I didn't go right down to the nitty gritty on the OP post, I was just saying that the ordinance was not that much different than what we are already obliged to abide by.
as far as filming ect, they have not banned it, they are stating where a reasonable expectation of privacy. meaning no peeping drones in windows, or zoom in on backyard sunbathing etc. that is how I read it. and you really think they mean the operator of the drone can't be withing 25 feet of his own drone because you are "any human"?? Blast away, I have big shoulders

What is written and what the spirit of the law is open for interpretation and can be enforced at the discretion of the officer. The letter of the law includes operator.

 

[Ozarkwoods]

Pick and choose your fights, I thinks as long as you are flying using current rules and common sense you should be fine.

I understand that they could just simply restrict take offs and landings. Not allowing it within the city.

 

[lookout]

I understand that they could just simply restrict take offs and landings. Not allowing it within the city.

Another brilliant ordinance.

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But it looks like the drone ordinance never made it to the books. Something about drugs and narcotics in that section. No drones in there anywhere. Only reference is to a bee hive.