St. Bonifacius – Ordinance No. 115

CITY OF ST. BONIFACIUS
ORDINANCE NO. 115
AN ORDINANCE ADDING ARTICLE 9-9
TO THE ST. BONIFACIUS CITY CODE RELATING TO
RESTRICTING THE USE OF DRONES
IN THE CITY OF ST. BONIFACIUS AIRSPACE
THE CITY COUNCIL OF THE CITY OF ST. BONIFACIUS, HENNEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS:
Section 1. A new Section 9-9 of the St. Bonifacius City Code is enacted as follows:
ARTICLE 9-9. DRONES
9-9.1 – Purpose. It is the purpose of this Section to provide the residents of the City protection from invasions of privacy due to the rapid implementation of drone technology being put into use by individuals, entities, and law enforcement agencies. Use of unmanned aerial vehicles also pose an unreasonable public safety concern to other aircraft or objects in the air, and to City residents and their property on the ground in the event of drone malfunction, loss of control, or other inability to sustain flight as intended.
9-9.2 – Definitions.
“Drone” means a powered, aerial vehicle that:
a. does not carry a human;
b. uses aerodynamic forces to provide vehicle lift;
c. can fly autonomously or be piloted remotely;
d. can be expendable or recoverable.
9-9.3 – Prohibition. No person, entity, governmental unit or law enforcement agency may operate a Drone within the air space of the City.
9-9.4 – Exceptions. This Section does not prohibit the use or operation of a Drone in the City’s airspace if:
a. a law enforcement agency first obtains a warrant authorizing its use; or
b. a law enforcement agency determines, under particular circumstances, that there is immediate danger of death or serious injury to any person; or
c. it is operated only within the boundaries of an individual’s real property, and has no surveillance capabilities.
9-9.5 – Penalty. Use or operation of a drone within the airspace of the City in violation of this Ordinance shall be a misdemeanor, punishable in accordance with State law.
9-9.6 – Other. In connection with this Ordinance the City hereby adopts a call for a two year moratorium on the use of Drones in violation of this Ordinance anywhere in the State of Minnesota.
Section 2. This Ordinance shall be in force and effect upon adoption and publication in the official newspaper of the City of St. Bonifacius in accordance with applicable law.
Passed and adopted by the City Council of the City of St. Bonifacius on the 20th day of March, 2013, by a vote of 4 ayes and 1 nays.
Rick Weible, Mayor
ATTEST:
Brenda Fisk, City Clerk
(Published in The Waconia Patriot March 28, 2013)

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