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TC Ord. 18-04 Adopting Chapter 8.40 Unmanned Aircraft Systems RegulationsTOWN OF AVON, COLORADO ORDINANCE 18-04 ADOPTING A NEW CHAPTER 8.40 OF TITLE 8 OF THE AVON MUNICIPAL CODE ESTABLISHING UNMANNED AIRCRAFT SYSTEMS REGULATIONS WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; and WHEREAS, the Town Council finds that the use of unmaned aircraft systems has increased dramatically over the last several years and that the Town does not have appropriate or effective regulations to protect persons and property from such activity; and WHEREAS, the Town has the power to adopt this ordinance pursuant to: (i) C.R.S. § 31- 15-103 (concerning municipal police powers); (ii) C.R.S. § 31-15-401, C.R.S. (concerning municipal police powers); (iii) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (iv) the powers contained in the Avon Town Charter, and that such powers are traditional local government powers; and WHEREAS, the Town Council finds that the regulation of unmanned aircraft systems will promote the public health, safety and welfare of the Avon community. NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Addition of Section 8.40 to Title 8 of the Avon Municipal Code. Title 8 of the Avon Municipal Code is hereby amended by the addition of a new Chapter 8.40, to read as set forth in Exhibit A: Addition of Section 8.40 to Title 8 of the Avon Municipal Code, attached hereto. Section 3. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall Ord 18-04 FINAL — March 27, 2018 Page 1 of 3 not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 13, 2018 and setting such public hearing for March 27, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. ATTEST:(�VdtJ OFgG .O nnie Fancher, Mayor Debbie Hoppe, To n Clerk Ord 18-04 0 AUO '•• FINAL — March 27, 2018 c< Page 2 of 3 ADOPTED ON SECOND AND FINAL READING on March 27, 2018. � ala-o_� Annie Fancher, Mayor APPROVED AS TO FORM: Ord 18-04 FINAL — March 27, 2018 Page 3 of 3 ATTEST: Debbie Hoppe, T �r N OFq O EXHIBIT A: Chapter 8.40 — Unmanned Aircraft Systems CHAPTER 8.40 — Unmanned Aircraft Systems 8.40.010 — Purpose and Intent. It is the purpose and intent of this Chapter to address the unregulated use of unmanned aircraft systems, sometimes known as "drones," throughout the Town. The unregulated use of unmanned aircraft systems: (i) pose threats to the public health, safety, and welfare of the residents and many visitors to the Town that include, but are not limited to, potential hazards to persons and property on the ground; and (ii) give rise to additional serious concerns that include, but are not limited to, privacy and law enforcement operations. 8.40.020 — Definitions. For purposes of this Chapter, the following terms shall have the following meanings: Critical Infrastructure has the meaning set forth in 18 U.S.C. §2339D, as may be amended from time to time, and means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned; examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services (including highways, mass transit, airlines, and airports). Deadly Weapon means any firearm, whether loaded or unloaded, knife, bludgeon, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in a manner it is used or intended to be used is capable of producing death or serious bodily injury. FAA means the Federal Aviation Administration. Firearm means any instrument used in the propulsion of shot, slug, shell or bullets or other objects or projectiles capable of inflicting pain, bodily injury or property damage, by the action of gunpowder exploded or burned within it, or by the power or action of springs, and including what are commonly known as air rifles, air pistols, and BB guns. Operation means to pilot, steer, direct, fly, or manage a UAS through the air whether removetly or otherwise. The term "operate" includes managing or intiating a computer system that pilots, steers, directs, flies, or manages a UAS. Surveillance means the gathering, without permission and in a manner that is offensive to a reasonable person, of visual images, physical impressions, sound recordings, data, or other information involving the private, personal, business, or familial activities of another person, business, or entity, or that otherwise intrudes upon the privacy, solitude, or seclusion of another person, business, or entity, regardless of whether a physical trespass onto real property owned, leased, or otherwise lawfully occupied by such other Exhibit A: Chapter 8.40 — Unmanned Aircraft Systems Page 1 of 3 person, business, or entity, or into the airspace above real property owned, leased, or otherwise lawfully occupied by such other person, business, or entity, occurs in connection with such surveillance. UAS means an aircraft, powered aerial vehicle, or other device without a human pilot aboard, the flight of which is controlled either autonomously by onboard computers or by the remote control of a pilot operator on the ground or in another vehicle or aircraft, and all associated equipment and apparatuses. 8.40.030 — Unlawful Acts. It is unlawful to operate a UAS: (a) In a reckless or careless manner so as to endanger the life or property of another. In any proceeding alleging a violation of this Section, the factfinder shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing UASs. (b) If the UAS is equipped with a firearm or other deadly weapon. (c) For the purpose of conducting surveillance, unless permitted by law. (d) In a manner that interferes with law enforcement, firefighting, or any other government emergency operations. 8.40.040 — Unlawful to Launch, Land, or Operate a UAS from or on Town -Owned Real Property without Town Permission. It is unlawful to launch or land a UAS from any real property owned by the Town without the prior written permission of the Town Manager or the Town Manager's designee. 8.40.050 — Unlawful to Launch, Land, or Operate a UAS from or on Real Property without Property Owner Permission. It is unlawful to launch or land a UAS from any real property without the prior permission of the owner of such real property. 8.40.060 — Unlawful to Harass or Annoy Wildlife. It is unlawful to intentionallyor knowingly harass, annoy, or disturb wildlife by the use of a UAS. 8.40.070 — Exemptions. Nothing in this Chapter shall be construed to prohibit, limit, orotherwise restrict: (a) The use of a UAS for lawful purposes and in a lawful manner by any of the following persons acting in the course and scope of their assigned duties: (i) any law enforcement or emergency services personnel of the Town; (ii) any other local, state, or federal government law enforcement or emergency services personnel; or (iii) any authorized military personnel of the state or federal government. Exhibit A: Chapter 8.40 — Unmanned Aircraft Systems Page 2 of 3 (b) The use of a UAS by the owner or operator of a critical infrastructure facility to monitor, operate, or maintain the reliability and integrity of the facility, or to determine if repairs are necessary to the facility. (c) The use of a UAS to the extent this Chapter conflicts with or is preempted by any law, rule, or regulation of the FAA. 8.40.080 — Violation; Penalty. (a) It is unlawful and a misdemeanor offense to violate any provision of this Chapter. A person who is convicted of violating any provision of this Chapter shall be punished as provided in Chapter 1.08 — General Penalty. (b) In addition to the penalty set forth in subsection (a) of this Section, the Town may impound any UAS that is operated in violation of this Chapter. Exhibit A: Chapter 8.40 — Unmanned Aircraft Systems Page 3 of 3