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ORDINANCE NO. 16-1363
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADDING A NEW CHAPTER 9.38 TO THE HERMOSA BEACH
MUNICIPAL CODE TO REGULATE DRONES, UNMANNED AIRCRAFT
AND MODEL AIRCRAFT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.38 is hereby added to Title 9 (Public Peace, Morals and Welfare)
of the Hermosa Beach Municipal Code to read as follows:
Chapter 9.38 Drones, Unmanned Aircraft and Model Aircraft
9.38.010 Purpose and Findings.
The operation of Unmanned Aircraft such as Model Aircraft and Civil Unmanned Aircraft
Systems ("UAS"), commonly known as drones, can at times pose a hazard to full-scale aircraft in
flight and to persons and property on the ground. Imposing community -based safety requirements
on the operation of Model Aircraft and imposing restrictions on the operation of both Model
Aircraft and Civil UASs consistent with Federal Aviation Rules and state law is necessary to
mitigate such risks and to protect the public from the hazards associated with the operation of
Unmanned Aircraft.
9.38.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the meanings
indicated as follows:
1. "Unmanned Aircraft" shall mean an aircraft, including, but not limited to, an
aircraft commonly known as a drone, that is operated without the possibility of direct human
intervention from within or on the aircraft.
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2. "Unmanned Aircraft System" shall mean an Unmanned Aircraft and associated
elements, including, but not limited to, any communication links and components that control the
Unmanned Aircraft.
3. "Person" shall mean any individual, partnership, corporation, or joint -venture.
4. "Model Aircraft" shall mean an Unmanned Aircraft or Unmanned Aircraft
System operated by any Person strictly for hobby or recreational purposes.
5. "Civil UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System
operated by any Person for any purposes other than strictly hobby or recreational purposes,
including, but not limited to, commercial purposes or in furtherance of, or incidental to, any
business or media service or agency.
6. "Public UAS" shall mean an Unmanned Aircraft or Unmanned Aircraft System
operated by any public agency for government related purposes.
9.38.030 Operating Permit Required.
A. Generally. An operating permit shall be required for every Unmanned
Aircraft and Unmanned Aircraft System operated in the City. No Person shall operate an
Unmanned Aircraft or Unmanned Aircraft System in the City without first obtaining an operating
permit and obtaining an identification number assigned by the City and submission of a copy of
the Certificate of Aircraft Registration/Proof of Ownership issued by the Federal Aviation
Administration.
B. Applications. An application for a UAS operating permit shall be on a form
provided by the City and show:
1. Name and phone number of the operator;
2. Make, model and serial or N-number of UAS to be permitted;
3. A description of proposed flight activity, including whether filming,
taking of visual images and/or sound recording will occur;
4. Copy of Certificate of Aircraft Registration/Proof of Ownership issued
by the Federal Aviation Administration;
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5. A signed statement certifying that the applicant knows how to operate the
UAS and is aware of and agrees to operate it in full compliance with its operating instructions and
with the provisions of this chapter and any other federal or state laws governing its operations;
6. A signed statement acknowledging that only the applicant may operate
the UAS in the City;
7. A signed indemnification clause protecting the City from liability;
8. Such other information as may be requested by the City; and
9. Payment of an application filing fee in an amount as set forth in the City's
master fee resolution. The filing fee for a UAS found to be operating in the City without a permit
shall be tripled.
C. Placement. The permit sticker and identification number shall be placed on
the body of the Unmanned Aircraft or Unmanned Aircraft System in a conspicuous location on the
earth -facing surface of the device and in a manner clearly visible from the ground. Placement of
stickers shall be subject to approval of the City or performed by the City.
D. Issuance of permit. The permit will include a copy of the operating rules set
forth in this chapter. Permits will be issued for a period of one year and may be renewed annually
upon filing of a renewal application and payment of a renewal fee as set forth in the City's master
fee resolution. A permit shall not be issued if the applicant is found to have operated the UAS in
violation of Section 9.38.040 or renewed if grounds exist for revocation.
E. Assignment. The permit is not assignable. No person other than the applicant
may operate the UAS within the City.
F. Revocation. The permit may be suspended or revoked if the City Manager,
or his/her designee finds based on a preponderance of the evidence, after the permittee is afforded
notice and an opportunity to be heard, that the permittee has violated any provision of this chapter.
A decision by the City Manager may be appealed to the City Council; the decision of the Council
shall be final.
9.38.040 Operating Requirements and Restrictions.
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A. No Person shall operate any Model Aircraft or Civil UAS within the City in a
manner that interferes with manned aircraft, and Model Aircraft shall always give way to any
manned aircraft.
B. No Person shall operate any Model Aircraft within the City beyond the visual
line of sight of the person operating the Model Aircraft. The operator must use his or her own
natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to
observe the Model Aircraft. People other than the operator may not be used in lieu of the operator
for maintaining visual line of sight. Visual line of sight means that the operator has an
unobstructed view of the Model Aircraft. The use of vision -enhancing devices, such as
binoculars, night vision goggles, powered vision magnifying devices, and goggles or other devices
designed to provide a "first -person view" from the model, do not constitute the visual line of sight
of the person operating the Model Aircraft.
C. No Person shall operate any Model Aircraft or Civil UAS within the City
other than during daylight hours defined as between official sunrise and official sunset for local
time, unless proof of authorization to do so by the Federal Aviation Administration is provided to
the City.
D. No Person shall operate any Model Aircraft within the City more than 400
feet above the earth's surface, unless proof of authorization to do so by the Federal Aviation
Administration is provided to the City.
E. Excluding takeoff and landing, no Person shall operate any Model Aircraft or
Civil UAS within the City closer than 25 feet to any individual, except the operator or the
operator's helper(s).
F. No Person shall operate any Model Aircraft or Civil UAS within the City in a
manner that is prohibited by any federal or state statute or regulation governing aeronautics,
including but not limited to Public Utilities Code Section 24107 and Federal Aviation Rule 91.13.
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G. No Person shall operate any Model Aircraft or Civil UAS within the City in
violation of any temporary flight restriction or notice to airmen issued by the Federal Aviation
Administration.
H. No Person shall operate any Model Aircraft or Civil UAS within the City to
capture, record or transmit any visual image or audio recording of any person or private real
property located in the City under circumstances in which the subject person or owner of the
subject real property has a reasonable expectation of privacy (including, but not limited to, inside
a private office and inside a hotel room). This provision is intended to supplement, rather than
duplicate, the prohibition against trespassing into the air space above the land of another person in
order to capture any type of visual image or sound recording of a person engaging in a private,
personal, or familial activity in a manner that is offensive to a reasonable person, pursuant to
California Civil Code Section 1708.8.
I. Unless authorized by federal law, no person shall knowingly and intentionally
operate any Model Aircraft or Civil UAS on the grounds of, or less than 350 feet above ground
level within the airspace overlaying, a public school in the City providing instruction in
kindergarten or grades 1 to 12, inclusive, during school hours and without the written permission
of the school principal or higher authority, or his or her designee, or equivalent school authority.
J. Unless authorized by federal law, no person shall knowingly and intentionally
use any Model Aircraft or Civil UAS to capture images of public school grounds in the City
providing instruction in kindergarten or grades 1 to 12, inclusive, during school hours and without
the written permission of the school principal or higher authority, or his or her designee, or
equivalent school authority.
K. No person shall operate any Model Aircraft or Civil UAS in a manner that
interferes with firefighting, police activity or emergency response activity as detailed in California
Penal Code Sections 148.2 and 402.
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L. No person shall operate any Model Aircraft or Civil UAS within the airspace
overlaying the Civic Center complex or a City park or the beach during a scheduled special event
unless authorized to do so in the special event permit.
M. No person shall operate any Model Aircraft or Civil UAS within the City in a
manner designed, intended or which serves to harass, stalk, vex, annoy, disturb, frighten,
intimidate, injure, threaten, victimize or place in extreme mental or emotional distress any
particular person, whether that person is located on public or private property. The conduct
described in this paragraph includes, but is not limited to, using a Model Aircraft or Civil UAS to
follow and film, video -record, live -stream or photograph a person who has not consented to such
activity.
9.38.050 Violations.
It shall be unlawful for any Person to violate or fail to comply with this chapter. Any Person
violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the
provisions of Chapter 1.04 of this Code. Any UAS or Model Aircraft found to be operated in
violation of this chapter may be impounded and held as evidence in any enforcement proceeding
brought under this chapter. An impounded UAS or Model Aircraft will be returned at the
conclusion of any enforcement proceeding upon payment to the City of an impound fee as set
forth in the City's master fee resolution.
9.38.060 Exemptions.
The permit requirement set forth in Section 9.38.030 of this chapter shall not apply to any Civil
UAS operated pursuant to and in compliance with the terms and conditions of a valid City -issued
film permit or special event permit with Federal Aviation Administration authorization or any
Public UAS operated pursuant to, and in compliance with, the terms and conditions of any current
and enforceable authorization granted by the Federal Aviation Administration.
SECTION 2. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
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Guidelines), and the environmental regulations of the City. The City Council hereby finds that
under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
requirements of CEQA because it can be seen with certainty that the provisions contained herein
would not have the potential for causing a significant effect on the environment.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the final decision of any court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
SECTION 4. The City Clerk shall cause this Ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within fifteen (15) days after
its passage in accordance with Section 36933 of the Govermment Code, shall certify to the
adoption of this Ordinance, and shall cause this Ordinance and her certification, together with
proof of publication, to be entered in the Book of Ordinances of the Council of this City.
SECTION 5. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 6. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of said ordinance. The City Clerk caused said summary to be published on May 5, 2016 [five
(5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated
newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the
expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
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SECTION 7. The City Clerk shall certify to the passage of this ordinance, shall enter the
same in the book of original Ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 1 Oth day of May, 2016 by the following vote:
AYES: Armato, Duclos, Fangary, Mayor Petty
NOES: Massey
ABSENT: None
ABSTAIN: None
of the City Council
ATTEST:
0-�
City Clerk
YOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
City Adomey
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 16-1363 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the loth day of May, 2016, and a
summary of said Ordinance will be published in the Easy Reader newspaper on May 19,
2016.
The vote was as follows:
AYES: Armato, Duclos, Fangary, Mayor Petty
NOES: Massey
ABSENT: None
ABSTAIN: None
DATED: May 10, 2016
L�lv
City Clerk