Paradise Valley, Arizona, Passes Drone Ordinance

The town of Paradise Valley, Arizona, passed the first drone ordinance of any Arizona city. The city’s press release states:

“The Paradise Valley Town Council adopted an ordinance on December 3, 2015 regulating the use of unmanned aerial vehicles (UAV or drones). The ordinance was drafted in response to resident concerns regarding public safety and privacy. The adopted regulations attempt to balance the competing interests of privacy and safety concerns with the appropriate use of UAV technology for both recreational and commercial use. The ordinance regulates three types of users: commercial, recreational, and emergency.

Commercial users must register with the Town providing identifying information about the aircraft used. Additionally, they must provide notification of the date, time, and location of each flight. Both the registration and notice of flights may be done quickly online and there is no fee to register. It is required that the Notice of Flight form be submitted at least four (4) hours prior to the commercial flight.The purpose of the online notice and registration is to allow residents who witness a UAV flying near their property to contact the Police Department to learn the purpose of the flight and the estimated end time of the flight. If residents have concerns that the UAV is operating in an unsafe manner, they may pass that information on to the police who can contact the responsible party.

Recreational Use

A Paradise Valley property owner may use an UAV on their own property as long as such use is at a height of less than 500 feet and is not in violation of other laws or regulations. The general prohibitions and penalties include:

Flying over private property without the owner’s permission may be considered a form of trespass

An UAV shall not be used in a careless or reckless manner that poses an apparent or actual threat of harm danger to persons or property

An UAV shall not be used to transmit any visual images or recordings of any person or property where there is a reasonable expectation of privacy (inside a residence of an enclosed yard is a defined “privacy” area)

Penalties for violation shall be a Class 1 Misdemeanor or punishable under the provisions of Article 1-9 of the Town Code (which suggests that initial violations be charged as a civil violation)

Emergency/Investigatory Use

Emergency use is allowed by a law enforcement agency in response to an emergency situation or after obtaining a warrant based upon probable cause that criminal activity is occurring.