Ordinance No. 2016-10 Amending Chapter 30 "Environment" of the City Code - Drone Regulations and Privacy Protections - June 7, 2016 ORDINANCE NO. 2016-10
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; AMENDING THE CITY CODE BY AMENDING
CHAPTER 30 "ENVIRONMENT", BY CREATING
ARTICLE VIII "DRONE REGULATIONS AND PRIVACY
PROTECTIONS", BY CREATING SECTION 30-210
"DRONE RESTRICTIONS AT PUBLIC GATHERINGS";
TO REGULATE AND RESTRICT DRONE USE IN AND
OVER OUTDOOR PUBLIC GATHERINGS, AND BY
CREATING SECTION 30-211 "PROTECTION OF
PRIVACY FROM DRONE USE" TO PROVIDE FOR A
CODE ENFORCEMENT MECHANISM CONCERNING
ANY USE OF A DRONE THAT VIOLATES INDIVIDUAL
PRIVACY AS PROTECTED BY SECTION 934.50,
FLORIDA STATUTES; PROVIDING FOR
APPLICABILITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR PENALTY; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura ("City") finds that it is
necessary to amend Chapter 30 "Environment" of the City Code to restrict Drone operations at
outdoor public gatherings within the City, and to afford a means of protecting personal privacy
from Drone intrusions via City Code enforcement mechanisms; and
WHEREAS, the City Commission has held the required public hearing, duly noticed in
accordance with law; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
NOW,THEREFORE,IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above-stated recitals is hereby
adopted and confirmed.
City of Aventura Ordinance No. 2016-10
Section 2. City Code Amended. That Article VIII "Drone Regulations and Privacy
Protections" is hereby created within Chapter 30 "Environment" of the City Code, consisting of
Section 30-210 " Drone Restrictions at Public Gatherings", and Section 30-211 " Protection of
Privacy from Drone Use ", to read as follows:
ARTICLE VIII. DRONE REGULATIONS AND PRIVACY PROTECTIONS
Section 30-210. Drone Restrictions at Public Gatherings.
(a) Purpose and intent. This Section is intended to promote public safety and protect
people attending outdoor public gatherings from dangers posed by the flying of unmanned
aircraft systems (the "UAS" or "Drones") in and over such public gatherings. The City
Commission wishes to regulate the use of Drones at outdoor venues where people gather, such
as parks and athletic field facilities, open spaces and similar areas that may attract groups of
people. The restrictions of this Section are intended to protect persons gathered in groups
where a Drone incident would cause greater harm and risk of injury due to a greater number of
people gathered in a close proximity. This Section shall not be construed to conflict with FAA
regulations, but rather to operate in conjunction with those regulations to promote public
safety.
(b) Definitions. As used herein, the following terms shall have the meaning which is
indicated below:
Operator shall mean the person or corporation that operates or controls a Drone.
Public Gatherings shall mean an outdoor area within the City of Aventura at which more
than fifty (50) people congregate or assemble to observe and/ or participate in an athletic or
sporting event, festival, show, outdoor movie, concert, exhibit, or engage in an organized
demonstration or similar free speech activity, which is held in a public space, open space, plaza,
street, park, athletic field, school grounds, shopping center or mall parking lot, or any open-air
facility, when the time, date and location of such Public Gathering is posted on the City's
website for the purpose of providing advance notice to the public and Drone Operators. The date
of such posting on the City's website shall be at least three (3) days prior to the date of the Public
Gathering in order to be considered effective notice under this provision.
Unmanned aircraft systems (UAS or Drone) shall mean a powered, aerial vehicle as
defined in Section 934.50(2)(a), Florida Statutes, which statutory definition is hereby
incorporated herein.
(c) Prohibitions. Unless otherwise exempt under this Section, a Drone is prohibited from
being deployed, launched or flown in any airspace within or over any Public Gathering, as
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defined above. Accordingly, no person shall deploy, launch or fly a Drone in any airspace within
or over a Public Gathering in the City.
(d) Exemptions. This Section shall not prohibit the use of a Drone by any law
enforcement or fire rescue agency, public utility, or local, county, regional, state, or federal
governmental 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 apply to
any person who demonstrates that such person is expressly authorized by the Federal Aviation
Administration to operate a Drone in City air space at a Public Gathering, in accordance with
the authority granted by the Federal Aviation Administration.
(e) Enforcement.
(1) Penalty. Any person in violation of any provision of this Section shall be
subject to the penalty provided in Section 1-14 of the City Code. However, in
addition to, or in lieu of any such penalty, the City shall have the power to sue
in civil court and/or to enforce the provisions of this Section before its code
enforcement special magistrate established in Chapter 2, Section 2-331, et. seq.
of the Code of the City of Aventura, as amended.
(2) In addition to the penalties referenced above, a Drone operated in violation of
this Section may be impounded by a Police Officer of the City and held until
the conclusion of the applicable court or code enforcement proceedings.
Section 30-211. Protection of Privacy from Drone Use.
(1) SHORT TITLE. —This Section may be cited as the"Drone Privacy Protection
Ordinance."
(2) DEFINITIONS.—As used in this Section, the term:
(a) "Drone" means a powered, aerial vehicle as defined in Section 934.50(2)(a),
Florida Statutes,which statutory definition is hereby incorporated herein.
(b) "Image" means a record of thermal, infrared, ultraviolet, visible light, or other
electromagnetic waves; sound waves; odors; or other physical phenomena which
captures conditions existing on or about real property or an individual located on
that property.
(c) "Imaging device" means a mechanical, digital, or electronic viewing device; still
camera; camcorder; motion picture camera; or any other instrument, equipment,
or format capable of recording, storing, or transmitting an image.
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City of Aventura Ordinance No. 2016-10
(d) "Surveillance"means:
1. With respect to an owner, tenant, occupant, invitee, or licensee of privately
owned real property, the observation of such persons with sufficient visual
clarity to be able to obtain information about their identity, habits, conduct,
movements, or whereabouts; or
2. With respect to privately owned real property, the observation of such
property's physical improvements with sufficient visual clarity to be able to
determine unique identifying features or its occupancy by one or more
persons.
(3) PROHIBITED USE OF DRONES.
(a) A person shall not use a Drone equipped with an Imaging Device to record an
Image of privately owned real property or of the owner, tenant, occupant, invitee,
or licensee of such property with the intent to conduct Surveillance on the
individual or property captured in the Image in violation of such person's
reasonable expectation of privacy without his or her written consent. For purposes
of this Section, a person is presumed to have a reasonable expectation of privacy
on his or her privately owned real property if he or she is not observable by
persons located at ground level in a place where they have a legal right to be,
regardless of whether he or she is observable from the air with the use of a Drone.
(b) No person shall engage in conduct which is prohibited by paragraph(a)above.
(c) This Section is intended to prohibit conduct by a person that would give rise to a
cause of action under Section 934.50(5)(b), Florida Statutes, as authorized by
Florida Attorney General Opinion 16-04(2016).
(4) EXCEPTIONS. —This section does not prohibit the use of a Drone:
(a) By a person or an entity engaged in a business or profession licensed by the state,
or by an agent, employee, or contractor thereof, if the Drone is used only to
perform reasonable tasks within the scope of practice or activities permitted under
such person's or entity's license. However, this exception does not apply to a
profession in which the licensee's authorized scope of practice includes obtaining
information about the identity, habits, conduct, movements, whereabouts,
affiliations, associations, transactions, reputation, or character of any society,
person, or group of persons.
(b) By an employee or a contractor of any local, county, state or federal governmental
agency who uses a Drone solely for governmental purposes.
(c) To capture Images by or for an electric,water, or natural gas utility:
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City of Aventura Ordinance No. 2016-10
1. For operations and maintenance of utility facilities, including facilities used in
the generation, transmission, or distribution of electricity, gas, or water, for
the purpose of maintaining utility system reliability and integrity;
2. For inspecting utility facilities, including pipelines, to determine construction,
repair, maintenance, or replacement needs before, during, and after
construction of such facilities;
3. For assessing vegetation growth for the purpose of maintaining clearances on
utility rights-of-way;
4. For utility routing, siting, and permitting for the purpose of constructing utility
facilities or providing utility service; or
5. For conducting environmental monitoring, as provided by federal, state, or
local law,rule, or permit.
(d) For aerial mapping, if the person or entity using a Drone for this purpose is
operating in compliance with Federal Aviation Administration regulations.
(e) To deliver cargo, if the person or entity using a Drone for this purpose is
operating in compliance with Federal Aviation Administration regulations.
(f) To capture Images necessary for the safe operation or navigation of a Drone that
is being used for a purpose allowed under federal or Florida law.
(5)ENFORCEMENT FOR VIOLATION.
The City may initiate City code enforcement proceedings, and impose administrative
fines and costs, pursuant to Section 2-331, et. seq. of Chapter 2 of the City Code
against any person in violation of paragraph(3) of this Section, at the written request
of the owner, tenant, occupant, invitee, or licensee of privately owned real property
within the City who is aggrieved by a violation of this Section or Section
934.50(3)(b), Florida Statutes. Alternatively, such code enforcement proceedings
may be commenced upon the City's own initiative.
Section 3. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
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City of Aventura Ordinance No.2016-10
part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Penalty. That any person who violates any provisions of Section 30-210
of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate violation. This
Ordinance shall also be subject to enforcement under the Local Government Code Enforcement
Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended.
Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court
of competent jurisdiction.
Section 6. Implementation.
A. That the City Manager is authorized to take any action which is necessary to implement
and enforce this Ordinance.
B. Further, the City Manager is authorized to investigate the potential purchase and
deployment of technological devices and systems which may enable the safe
immobilization of drones which are found to be operated in violation of this Ordinance or
applicable laws within the City.
Section 7. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
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City of Aventura Ordinance No. 2016-10
The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption
on first reading. This motion was seconded by Commissioner Narotsky, and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Holzberg who moved its
adoption on second reading. This motion was seconded by Commissioner Weinberg and upon
being put to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No.2016-10
PASSED AND ADOPTED on first reading this 3rd day of May, 2016.
PASSED AND ADOPTED on second reading this 7d' day of June, 2016.
`Enid Weisman, Mayor
,
Caev 51,6021
ATTEST:
Ellisa L. Horvath, MMC
City Clerk
Approved as to Form and Legal Sufficiency
For City's Reliance Only:
t"-----.41 (t1/4.11Thi
City Attorney
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