6442ORDINANCE NO. 6 4 4 2
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 6.43 TO TITLE 6 (PUBLIC HEALTH AND SAFETY)
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
UNMANNED AIRCRAFT SYSTEMS (DRONES) AND FINDING
AND DETERMINING THAT THIS ORDINANCE IS NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND
15060(C)(3) OF THE STATE CEQA GUIDELINES BECAUSE IT
WILL NOT RESULT IN A DIRECT OR REASONABLY
FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT AND IS NOT A "PROJECT", AS DEFINED IN
SECTION 15378 OF THE STATE CEQA GUIDELINES.
WHEREAS, in recent years drone technology has progressed to the degree that unmanned
aircraft commonly known as drones are now readily available to the general public; and
WHEREAS, it is now common for drones to be equipped with cameras and/or audio
receivers and recorders that threaten privacy when flying or hovering above or outside private
residences; and
WHEREAS, parts of the City of Anaheim (City or Anaheim) is in a high fire danger area
because of its geography, dry seasons and lack of rain in the non -winter months, which is
exacerbated during years of drought; and
WHEREAS, there are documented instances in California of drones interfering with
emergency responders, especially with the use of airplane and helicopters to drop fire retardant or
water on wildfires; and
WHEREAS, the Federal Aviation Administration (FAA) recognizes that it is in the
interest of national security for manned aircraft to avoid flying over or in close proximity to facilities
such as power plants, dams, industrial complexes, and other similar facilities, and has issued a Notice
to Airmen strongly advising manned aircraft to avoid flying in such a manner. The FAA may extend
this advisory to certain drones as well. The Anaheim Public Utilities Department serves
approximately 115,000 residential and business customers from critical water and electric facilities.
Safeguarding the reliability and operation of the City's water and electric utilities is important to
ensuring the uninterrupted delivery of electricity and clean water throughout the City; and
WHEREAS, currently, neither federal nor state laws offer the necessary protections to
adequately secure the interests described above from those operating a drone flown strictly for
hobby, or recreational, or commercial use. Such drones are largely unregulated, but should be
operated in accordance with a community-based set of safety guidelines like those published by the
Academy of Model Aeronautics (AMA); and
WHEREAS, this ordinance codifies relevant community-based safety guidelines; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, this City Council has the authority to enact and enforce
ordinances and regulations for the public health, safety and welfare of the City and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents for
this ordinance; and
WHEREAS, this City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it
will not result in a direct or reasonably foreseeable indirect physical change in the environment and
is not a "project", as defined in Section 15378 of the State CEQA Guidelines; and
WHEREAS, this City Council finds and determines that this ordinance is a valid exercise of
local police power and in accord with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 6.43 (Unmanned Aircraft Systems (Drones) is hereby added to Title 6
(Public Health and Safety) of the Anaheim Municipal Code, to read in full as follows:
CHAPTER 6.43 UNMANNED AIRCRAFT SYSTEMS (DRONES)
Sections:
6.43.010 Definitions.
6.43.020 Operation of Unmanned Aircraft and Unmanned Aircraft
Systems.
6.43.010 DEFINITIONS
The following words and phrases, as used in this chapter, are defined as follows:
,01 "Unmanned Aircraft" or "UA" 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.
.02 "Unmanned Aircraft System" or "UAS" shall mean an Unmanned
Aircraft and associated elements, including, but not limited to, any communication
links and components that control the Unmanned Aircraft.
.03 "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.
.04 "Commercial Purposes" shall have the same meaning as attributed
to the phrase "Engaged in Business" in Section 3.04.010.060 of this Code.
.05 "Model Aircraft" shall mean an Unmanned Aircraft or Unmanned
Aircraft System operated by any person strictly for hobby or recreational purposes.
.06. "Operate" shall mean to pilot, steer, direct, fly, guide, or manage an
Unmanned Aircraft or Unmanned Aircraft System through the air remotely. The
term 'operate" includes, without limitation, managing or initiating an electronic
control system that pilots, steers, directs, flies or manages an Unmanned Aircraft
or Unmanned Aircraft System.
.07 "Person" shall have the same meaning as it is defined in Section
3.04.010.080 of this Code.
.08 "Public UAS" shall mean an Unmanned Aircraft or Unmanned
Aircraft System operated by any public agency for government related purposes.
6.43.020 OPERATION OF UNMANNED AIRCRAFT AND UNMANNED
AIRCRAFT SYSTEMS
.01 Unless otherwise authorized by federal law, the following shall
apply to the operation of any Model Aircraft within the City of Anaheim:
.01.01. It is unlawful to operate a Model Aircraft in a manner
that interferes with police or fire operations including, but not limited to, efforts to
control, contain, or extinguish a fire from the air. It is unlawful to operate a Model
Aircraft over or within 500 feet measured horizontally of an active police or fire
investigation, including a crime scene, traffic collision, or fire incident, or over or
within 1,000 feet measured horizontally of a wildfire incident or operations.
.01.02. It is unlawful to operate within 1,000 feet measured
horizontally of or into a fireworks production.
.01.03. It is unlawful to operate any Model Aircraft carrying
or equipped with anything other than a camera, video camera, or related image or
audio capturing equipment.
.01.04. It is unlawful to hover in place over private property
without first obtaining permission from the property owner and/or the property
tenant.
.01.05. It is unlawful to take pictures or videos or record
sounds of individuals, homes, businesses, or property that are in an enclosed area
from public view such as fenced backyards or the interior of any structure unless
written expressed permission is obtained from the individual, property owner(s) or
manager(s), or tenant(s) thereof.
.01.06. It is unlawful to operate a Model Aircraft within
1,000 feet measured horizontally from the property line at Angel Stadium, the
Honda Center, the Anaheim Convention Center, Disneyland Resort, or any other
public or private accommodation or venue where more than 1,000 people are
reasonably estimated to be in attendance.
.02. Unless otherwise authorized by federal law, the following shall
apply to the operation of any Model Aircraft or Civil UAS within the City of
Anaheim:
.02.01. It is unlawful to operate a Model Aircraft or Civil
UAS in a manner that interferes with a manned aircraft, and Model Aircraft or Civil
UAS shall always give way to a manned aircraft.
.02.02. It is unlawful to operate a Model Aircraft or Civil
UAS within the controlled airspace of any airport without the prior express
authorization of the airport control tower.
.02.03. It is unlawful to operate a Model Aircraft or Civil
UAS higher than 400 feet above ground level.
.02.04. Model Aircraft and Civil UAS, when operating
outdoors, shall only fly during daylight hours, which are defined as between official
sunrise and official sunset, local time.
.02.05. It is unlawful to operate Model Aircraft or Civil UAS
over moving vehicles or unprotected persons, or in any way which interferes with
vehicle traffic, or across a street with more than two lanes. It is unlawful to operate
a Model Aircraft or Civil UAS over any individual(s) unless that individual(s) is
directly participating in the operation of the UAS or located under cover that can
reasonably provide protection from a falling UAS.
4
.02.06. It is unlawful to operate Model Aircraft or Civil UAS
within 1,000 feet measured horizontally of or in the airspace above any water
delivery facility, reservoir, storage tank, pump station, treatment or intake facility,
or any electric generating facility, substation or control center, or any electric
transmission or distribution facility, or within 100 feet of any overhead wire, cable,
conveyor, or similar equipment for the distribution of electricity or power, upon or
along any public way or utility easement within the city, without the facility or
equipment owner's consent, and subject to any restrictions that the facility or
equipment owner may place on such operation.
.02.07. It is unlawful to operate a Model Aircraft or Civil
UAS while the operator is under the influence of alcohol or drugs.
.02.08. It is unlawful to operate a Model Aircraft or Civil
UAS beyond the visual line of sight of the operator. The operator must use his or
her own natural vision without enhancement other than by corrective lenses
prescribed for the operator. Individuals other than the operator may not be used in
lieu of the operator for maintaining visual line of sight. Visual line of sight means
the operator has an unobstructed view of the Model Aircraft or Civil UAS. The use
of vision -enhancing devices, such as binoculars, night vision goggles, infra -red or
low -light cameras, powered vision magnifying devices, and goggles or other
devices designed to provide a "first -person view" from the Model Aircraft or
Civil UAS, do not constitute the visual line of sight of the operator. It is unlawful
to operate a Model Aircraft or Civil UAS when the operator is on or in a moving
vehicle.
.02.09. It is unlawful to operate a Model Aircraft or Civil
UAS in a manner that is reckless or careless and endangers the safety of other
persons or their property. The standard for careless or reckless operation shall be
the same as the standard set forth in federal statutes or regulations governing
aeronautics including, but not limited to, Federal Aviation Rule 91.13.
.02.10. It is unlawful to operate any Model Aircraft or Civil
UAS in violation of any temporary flight restriction (TFR), Notice to Airmen
(NOTAM), or any other flight restriction issued by the Federal Aviation
Administration or any other federal or state statute or regulation governing
aeronautics.
.02.11. It is unlawful to operate a Civil UAS for Commercial
Purposes in the City unless the operator has first obtained a City business license
for such commercial flight operation purposes.
.03. It shall be unlawful for any person to violate or fail to comply with
this chapter. Any Person violating the provisions of this section shall be guilty of
a misdemeanor and, upon conviction thereof, shall be punished as provided in
Section 1.01.370 (Violations of Code — Penalty) of Chapter 1.01 (Code Adoption
and Construction).
.04. Operations authorized by the FAA — Exception. Notwithstanding
the prohibitions set forth in this section, nothing in this section shall be construed
to prohibit, limit, or otherwise restrict any person or operator who is authorized by
the Federal Aviation Administration to operate any Model Aircraft, Civil UAS, or
Public UAS in City air space pursuant to Section 333 of the FAA Modernization
and Reform Act of 2012 or a certificate of waiver, certificate of authorization, or
airworthiness certificate under Section 44704 of Title 49 of the United States Code
or other Federal Aviation Administration grant of authority for a specific flight
operation(s), from conducting such operation(s) in accordance with the authority
granted by the Federal Aviation Administration.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph,
sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the
intent of the City Council that it would have adopted all other portions of this ordinance independent
of the elimination here from of any such portion as may be declared invalid. If any section,
subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and
each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared
invalid or unconstitutional.
SECTION 3. CERTIFICATION.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
r-1
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 31 day of July , 2018, and thereafter passed and
adopted at a regular meeting of said City Council held on the 14 day of August , 2018,
by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel
NOES: None
ABSENT:None
ABSTAIN: None
CITY OF ANAHEIM
MA OR OF THE CITY OF ANAHEIM
ATTEST:
- ACTW ITY CLERV, OF THE CITY OF ANAHEIM
121146
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6442 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 31 st day of July, 2018 and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 14th day of August, 2018 by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of August, 2018.
CITY CLERK 00 THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
FILE NO. Ordinance 6442
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
SS
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the Anaheim Bulletin, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County of
Orange, State of California; that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
08/23/2018
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: August 23, 2018.
Signature
PROOF OF PUBLICATION
Legal No. 0011162103
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6442
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER
6.43 TO TITLE 6 (PUBLIC HEALTH AND SAFETY) OF THE ANA-
HEIM MUNICIPAL CODE RELATING, TO UNMANNED AIR-
CRAFT SYSTEMS (DRONES) AND FINDING AND DETERMIN-
ING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALI-
FORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO SECTIONS 15060(C)(2) AND 15060(C`)(3) OF THE STATE CEQA
GUIDELINES BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE
,IN THE ENVIRONMENT AND IS NOT A "PROJECT", AS DEFINED
IN SECTION 15378 OF THE STATE CEQA GUIDELINES.
This ordinance adds Chapter 6.43 to Title 6 (Public Health & Safety)
of the Municipal Code of the City of Anaheim to (1) regulate the oper-
ation of recce ior�rl00TeeTl drat>I-a)r af3lolith.tJa�Cita!, including barring
opeMTron—vMrn-5a `dr11t ie rtve (tm, rringop-
eration within 1;080 feet of a Wildfire Incident, fireworks production,
Angel Stddium, the Honda Center, Anaheim Convention Center, or
the Disneyland Resort, and barring operation while hovering over or
taking pictures or video of private property; (2) regulate the opera
tion of commercial and recreation drone aircraft including barring
operation which interferes with manned aircraft or in the controlled
airspace of an airport, barring operation above 400 feet above ground
at, night, or out of the actual line of sight of the operator, barring op-
eration in a manner which interferes with vehicle traffic or across a
street with more than two lanes, barring operation within 1,000 feet of
any water or electrical facility or within 100 feet of any overhead wire
or other distribution equipment, barring operation while under the in-
fluence of alcohol or drugs or in an otherwise reckless manner which
endangers the safety of other persons, barring operation in violation
of any federal flight restrictions, and requiring a City business li-i
cense for anf-drone used for commercial purposes; (3) making the
violation of the provisions of the Chapter a misdemeanor; and 4) ex-
cepting from the provisions of the Chapter any operator who receives
a proper authorization from the Federal Aviation Administration to
operate in accordance with the authority granted by the FAA.
I, Linda Andol, City Clerk of the City of Anaheim, do hereby certify'
that the foregoing is a summary of Ordinance No. 6442, which ordi-
nance was introduced at a regular meeting of the City Council of the
City of Anaheim on the 31st day of July, 2018 and was duly passed and
adopted at a regular meeting of said Council on the 14th day of Au-
gust, 2018 by the fol lowing roll call vote of the members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray,
VanderbiL5arnes, Krj 4 ,_1-%.
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6442, which has been prepared Pur-
suant to Section 512 of the Charter of the City of Anaheim. This sum-
mary does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi-
nance.
To obtain a C.QPy of the full text. of the ordinance, please contact the
Office of the City Clerk, (714) 765.5166; between 8:00 AM and 5.00 PM,
Monday through Friday. There is no char a for the copy.
Published Anaheim Bulletin August 23, 201# 11162103
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6442 and was published in the Anaheim Bulletin on the 23,d
day of August, 2018.
(SEAL)