Unmanned Aircraft Systems are constantly evolving. The latest developments in UAS include features that can be abused by operators, such as anti-drone technologies, or that can increase the risk of accidents and unsafe incidents. This area of UAS use is expected to evolve for the foreseeable future.
Local Economy
Wolfton’s economy is largely based on the technology sector. The use of drones for hobby and recreational purposes allows individuals to familiarize themselves with this exciting new technology. Fostering relationships with UAS enthusiasts and the promoting responsible drone use may inspire a whole new generation of entrepreneurs and innovators to pursue careers in this field and in related high-tech industries in Wolfton.
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The Wolfton Drone Lovers provided input on the below ordinance, and feel that they can continue their activities within this scope. The group has two large parcels of land where they most frequently meet, and both would be allowable under the proposed ordinance.
Recommendation
A compromise ordinance is recommended. The proposed text allows for conditional use of UASs on both public and private property and contains significant privacy protections for people who are unwillingly near these devices. In addition, the proposed ordinance carries heavy penalties for failing to abide.
Proposed Ordinance
Unmanned Aircraft Systems
It shall be unlawful for any person to launch, land or operate an Unmanned Aircraft System (UAS)* or drone above/within any private property of less than five acres; or above/within any public property in Wolfton without a special use permit.
Furthermore, drones operated on private parcels, greater than five acres in size, shall not: 1. fly within 100 yards of the perimeter of the property; 2. gather any off-site images or portions of images; 3. project any objects, liquids, gases or other material that may impact human, animal or plant life or property.
Special use permits will only be issued for drones to capture images on public properties greater than two acres. All people whose image or partial image will be captured must provide written consent before the drone is
For example, many Instagram users and YouTube bloggers use drones to record all of their videos for them. The more expensive and high tech ones don’t even need a remote controller to navigate; they instead just locate and follow the person, and are barely limited to where they can go. This presents an issue in today’s world because just like the planes flying over Lee Causby’s farm and dwelling, these drones are flying over people’s properties. In fact, in January 2016, a drone owner, David Boggs, filed a federal lawsuit, “in hopes of having the courts define the rights of aircraft operators versus property owners with respect to unmanned aerial vehicles” after his neighbor shot down the drone. Attorneys for David Boggs filed a complaint for declaratory judgment and damages in U.S. District Court for the Western District of Kentucky nearly six months after the man’s drone was brought down by a shotgun-wielding neighbor, William Merideth. “Police initially cited Mr. Merideth with charges of criminal mischief and wanton endangerment for admittedly firing three blasts from his shotgun after he spotted the drone above his property last July, but Bullitt County Judge Rebecca Ward later dismissed those charges after concluding there had been an invasion of privacy and that Mr. Merideth was in the
First and foremost, a few torts are primary concerns that should be looked at. For one, trespassing on someone’s property in the airspace above their property could open the business up to civil lawsuit for the tort of trespassing. Landowners have the right to exclude others from entering the property, this includes not only on the surface but above and below ground. However, the entire airspace above someone’s lands is not entirely protected by trespassing laws or air travel would not be possible. Currently, it appears that I could be consider trespassing if my drone is directly on someone’s land and the drone is not higher than a height that is reasonably useable by the landowner. What needs to be clearly understood is can I operate my drone over someone else’s land that I do not have permission to. If I am able to fly my drones over their land, at what height do I need to be that is considered reasonable? How far am I able to go into their land? As a business owner if I do decide to operate at a high level above someone’s property I have a duty of care to ensure that I do not cause any harm to their
The government shouldn’t permit the use of drones, due to cost, failure, and availability. Over the years the government has been bus with more troubling matters as in drug legalization, elections, and the recent police cruelty. They shouldn’t waste time and money on something so small and complicated that will hardly make a difference in the community.
As an agriculture surveyor who is trying to utilize drones to increase the efficiency of the surveying the land for my customers, I would have a lot to consider before starting usage of the drones. Currently, the FFA has been given the power to create federal regulations around the operation of drones, but they have not been clearly defined yet which would make operating drones. Some states and local municipalities have even also created their own statutes in order to keep up with the technology. Due to the fragmented rules governing different areas and a lack of clear regulation from the federal government, operating a drone could open my business up to substantial unforeseen liabilities. I would need to make sure to I have done enough
Drones can also play a significant role in the prosperity of an economy. Presently, it is worth noting that a number of countries still have very stringent measures when it comes to the use of drones.
Restricts UAS operations over private property under 200 ft of the ground level or 200ft of a structure without permission of the property owner or in any area where the aircraft operation could interfere with the enjoyment or use of the property
I have taken into account that drones are violating people’s privacy, but I believe they should not be banned because we could launch new ideas and learn so much from them. I believe we should simply put more strict rules on where and what drones can do and be flown. The Wall Street Journal had two experts, A. Michael Froomkin and Ryan Calo, discuss whether drones should be allowed to fly over private property. Michael Froomkin argues allowing drones to be flown over private property violates our fourth amendment rights. He also states drones are used for spying on private property, but drones could be used for plenty of other situations. From personal experience, my brother owns a drone and flies it everywhere he goes, not to creep on strangers,
The use of UAS's in filmmaking has broadened the possibilities of shooting to a whole new level. Drones can be used for a number of possibilities in film making to help showcase the landscape or a scene or bring a new perspective to a shot without the use of a helicopter or other form of heightened camera operating equipment; however if you are planning to use a drone for something such as film making there are certain guidelines one must follow. If you are flying a drone not as a hobby or for recreational use and plan to use the footage you shoot commercially such as in film making, you need to make sure you have permission from the FAA to do so. For this you will need to apply for a Section 333 exemption. If you are granted the exemption
In the current United States federal legal environment concerning drones, flying a drone is perfectly legal within your own property lines, as long as the drone does not exceed the 400 feet flight height limit (Schoen & Tooshi, 2012). Anything over 400 feet is entering into the
Always think twice about flying your drone on someone’s private property. Tempting it may be, remember that spying on people can get you in legal trouble.
The use of drones has brought an uproarious debate among both the people of the United States and the people of the world regarding whether or not drones should be sold and used by the public. Drones were first created for military use to scout and attack terrorists who plan to bring havoc to the United States of America. Ever since the terrorist attack on September 11, 2001, funding for the use of drones sky-rocketed because people came to the realization that there was a need to formulate different methods of security and defense. Besides the use of security and defense, people have been developing new uses for drones. The Federal Aviation Administration (FAA) is currently issuing rules outlining how they can be used. Ever since drones have hit the shelves for consumers to buy, more and
Every community is peculiar, they differ in climate and surroundings. Different communities have different needs that will adapt the policies of different law enforcement agencies, city to city. Policies should also change and go through a transition as the culture, of not only the community but the world, transforms. The policies of an agency should largely be based on the values and ethics of the agency itself, however they should, without changing the foundation of it, adapt to the changing needs of the community and generation. In the modern, twenty-first century there are 4 crucial law enforcement policies: the drone policy, the social media policy, the use of force policy, and the body-worn
Many people in the country fly drones as a hobby. But, thanks to a recent decision by the Federal Aviation Administration (FAA), people can now get a special business permit that will allow them to cash in on their drone hobby. That’s right, with this special permit you may now sell your footage and make a pretty penny.
AS Ltd may be liable for trespass if their drones intrude into airspace at a height that is necessary for the occupier’s ordinary use and enjoyment of the land.
Risk-based permitting of UAS – The FAA is to establish means for issuing permits to for UAS aircraft and operations based appropriate achievement of safety and risk mitigation tactics