When Your Neighbor’s Drone Pays an Unwelcome Visit

New York Times:  “I began reporting a column about drones and the altercations they are causing among neighbors. The way these spats usually go, one neighbor gets a new drone (often around Christmas) and begins flying it around the backyard. Then, naturally, the drone flies over to the neighbor’s yard. Then, the neighbor gets upset, especially because most recreational drones these days are equipped with cameras.”

Many Home Insurers Exclude Drone Coverage

The Telegraph:  “Home insurers rush to exclude drones as Christmas sees popularity soar.  Canny underwriters have foreseen the risk of drones falling into the hands of ‘amateurs, fools and children’ Home insurers are rushing to exclude drones from their policies as experts warn that even those who buy them as gifts for others could be liable for privacy and personal injury claims. Provisions to exclude “aircraft” and “remote controlled vehicles” have been hastily added to policies, as underwriters refuse to risk footing the bill of potentially huge legal bills arising from the gadgets.”

FAA Announces Drone Registration Rules

The FAA issued the following press release on December 14, 2015:

“If you own a drone, you must register it with the Federal Aviation Administration’s Unmanned Aircraft System (UAS) registry. A federal law effective December 21, 2015 requires unmanned aircraft registration, and you are subject to civil and criminal penalties if you do not register.

Register before January 20, 2016 and your $5 registration fee will be refunded!

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.

See also:

  • “Paradise Valley becomes first town in Arizona to regulate drones”

 

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