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State versus local ordinances

jlata

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Newbie recreational drone pilot here in Illinois (west suburbs of Chicago). As I’ve started to venture out, I’ve been researching state & local ordinances (aside from FAA). I’m noticing that many park districts & forest preserves have drone ordinances. However, the state passed a statute in Aug. 2018 stating only the state or cities/towns/municipalities with more than 1,000,000 could pass drone ordinances. Anyone else have thoughts on this? Would park districts & forest preserves not qualify as a “municipality“?
 
It would be useful if you could post a link to this State statute so its exact language could be reviewed. Absent that, it is hard to provide you with an accurate answer to your question.

Bottom line however, is that in the US, only the FAA currently has the authority to regulate the airspace that we fly within. As far as gaining access to that airspace, we have to takeoff and operate from somewhere on the ground, and it is these areas that are often locally regulated. These areas can be private property - such as the local business park that does not allow drone operators to use their parking lots for UAV operations - or it can by public property such as the local park that posts a sign prohibiting drones. In either case, they do not have the authority to prohibit you flying in the airspace above these properties, but they do have the authority to prohibit your doing so from within the confines of these properties, and your doing so could be considered trespassing.

If this State statute that you refer to prohibits certain municipalities from installing land use ordinances within properties and parks within their boundaries specifically related to UAV use, then their doing so would be a violation, but prior to contesting this, you would want to carefully read its language.
 
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It will take me a bit of time to review this, but I'll take a look.
 
Newbie recreational drone pilot here in Illinois (west suburbs of Chicago). As I’ve started to venture out, I’ve been researching state & local ordinances (aside from FAA). I’m noticing that many park districts & forest preserves have drone ordinances. However, the state passed a statute in Aug. 2018 stating only the state or cities/towns/municipalities with more than 1,000,000 could pass drone ordinances. Anyone else have thoughts on this? Would park districts & forest preserves not qualify as a “municipality“?
This ((620 ILCS 5/42.1) Sec. 42.1. Regulation of unmanned aircraft systems.) would cover Illinois state parks and preserves., but would not be applicable to any federal park. I'm not a lawyer, but parks and preserves would not count as municipalities.

This doesn't mean that a park couldn't have a rule preventing you from launching a drone, there may be other laws in Illinois that allow or disallow that. What this does mean is that a town in Illinois could not pass a law restricting the operation of a drone where it would have been allowed under FAA rules. For example, they could not pass a law that restricted the height to 400 ft or above, which would conflict with the FAA rules.
 
I live in Oswego which is in Kendall County. I can fly any of the parks in Oswego, I can fly Silver Springs State Park but no flying allowing in any of the Forest Preserves.
 
Like most legal jargon, the language in this statute is somewhat vague. It does appear however, that the statute is referring to the 'Regulation' of 'Unmanned Aircraft Systems', and I take this to mean things like the weight, speed, radio capabilities, and general operation of UAV's versus prohibiting them from being operated from certain areas.

Subsection C: Nothing in this Section shall infringe or impede any current right or remedy available under existing State law.

I take Subsection C to be an allowance on the part of local governing authorities to take action based on existing State laws including Illinois' versions of Disorderly Conduct, Breach of Peace, Reckless Endangerment and most importantly, Trespass. This would then imply that local governing authorities could restrict the mere operation of UAV's from certain areas via clearly posted signage. What they could not do, is allow operation while at the same time restricting, say, the weight and/or size of the UAV, or maybe the radio frequency used by the operator to communicate with the UAV.

That's how I read it anyway. Also, here is a link to a Legal Brief that I found, and his opinion seems to be the same.

 
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Not a lawyer and wouldn't dream of offering legal advice. As far as I am aware no drone flyers have gone to court in Illinois for violating local ordinance. If anyone knows any such case, please let us know. Some county or local park districts may have restrictions on the books that they will try to fit the circumstance. I was told at one park that they had an ordinance against radio controlled vehicles that was probably written for RC 4X4s. So far no park I have visited around the Chicago area has posted a "No Drones" sign but it will only be a matter of time (probably this summer) before they do. In fact the only such sign I've even encountered is at the Bahai Worship Center in Wilmette.
As I have been flying last two years the only two encounters I have had with police in two different towns ended when I just flat asked if I was being detained and could I simply leave.
 
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