1

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BE09ED31-0989-4510-8339-F1B2604040F1\7404.doc

ORDINANCE NUMBER _____

AN ORDINANCE OF THE TOWN OF PARADISE

VALLEY, ARIZONA AMENDING THE PARADISE

VALLEY TOWN CODE, CHAPTER 10, BY ADDING

ARTICLE 10-12, UNMANNED AIRCRAFT SYSTEMS –

RESTRICTIONS AND EXCEPTIONS

BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN

OF PARADISE VALLEY, ARIZONA:

Section 1. Chapter 10, Offenses, is hereby amended (with Article 10-12 added and

shown in bold type):

Article 10-12 UNMANNED AIRCRAFT SYSTEMS – RESTRICTIONS

AND EXCEPTIONS

10-12-1 Purpose

10-12-2 Definitions

10-12-3 Restrictions/Exceptions

10-12-4 Penalty

Section 10-12-1 Purpose

The Town Council hereby recognizes that unmanned aircraft systems, also

known as drones, pose unique safety, nuisance, and privacy invasion risks;

thus regulation of the use of unmanned aircraft systems within the Town is

needed to promote the public safety and welfare of the Town and its

residents.

Section 10-12-2 Definitions

A. The following words, terms and phrases, when used in this article, have

the meanings ascribed to them in this section, except where the context

clearly indicates a different meaning:

1. “Unmanned Aircraft System” means any remotely piloted vehicle,

remotely piloted aircraft, remotely operated aircraft, or drone, that is,

a powered aerial vehicle that does not carry a human operator. This

system does not include model flying airplanes used purely for sport

or recreational purposes.

2

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BE09ED31-0989-4510-8339-F1B2604040F1\7404.doc

2. “Law Enforcement Agency” means a lawfully established federal,

state, or local public law enforcement agency that is responsible for

the prevention and detection of crime, local government code

enforcement, and the enforcement of penal, traffic, regulatory, game,

or controlled substance laws.

Section 10-12-3 Restrictions; exceptions

A. Prohibitions. Absent a validly issued single use permit or an exception, as

outlined below, no person, entity, or Law Enforcement Agency shall use

an Unmanned Aircraft System within the Town.

B. Single Event Limited Use Permits. The use of an Unmanned Aircraft

System that is otherwise prohibited within the Town may be allowed by a

single event limited use permit issued by the Town Police Department for

limited purposes and subject to any restrictions placed on the permit by

the Town Police Department, and in accordance with the following

procedures and limitations:

(1) issuance of a single event limited use permit must first be made

prior to use of an Unmanned Aircraft System; and the failure to

obtain a permit shall be considered a violation of this article;

(2) a completed application must be filed with the Paradise Valley

Police Department and payment of all permit processing fees (as

established by the Town pursuant to any adopted Master Fee

Schedule, as such may be modified from time to time) must be

made prior to the Police Department review of a single event

limited use permit application for a proposed use of an Unmanned

Aircraft System;

(3) the application must identify a limited single event use that cannot

otherwise be met with other technological means such as aerial or

satellite photography or telemetry;

(4) the single event limited use shall be for a limited period of time in

a single day, and shall be subject to additional or more restrictive

time limits or conditions than those proposed in the application,

said restrictions may be imposed by the Town Police Department,

at its sole discretion, so that the single event limited use permit is

narrowly tailored, respects privacy, and addresses potential safety

concerns or objections;

(5) notice of the date and time of the single event specified in the

prospective permit must first be provided to the owners of all

property over which the Unmanned Aircraft System is requested

to fly over, and all other properties within 500 feet of those

properties, said notice to be on a form provided by the Town

Police Department with contact information for the Police

Department should those provided with such notice desire to

3

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BE09ED31-0989-4510-8339-F1B2604040F1\7404.doc

object to the issuance of the permit or request conditions to be

made part of a permit;

(6) objections by those who have been provided with notice, or

concerns by the Police Department over potential privacy

intrusions, concerns over safety, or complaints about nuisance

shall be considered by the Police Department when evaluating

whether to issue a permit or place conditions and limitations on a

permit; and

(7) if it is determined by the Police Department that conditions

contained within a single event limited use permit have been

violated, the permit shall be considered revoked and the use of an

Unmanned Aircraft System after notice of a revocation in any

form of communication, including verbal, shall be a violation of

this Article.

C. Exceptions. The use of an Unmanned Aircraft System is prohibited

within the Town EXCEPT:

(1) upon the issuance of a single event limited use permit, as provided

above and not in violation of the additional violations set forth in

subsection D below;

(2) for recreational use of an Unmanned Aircraft System within one’s

own property so long as such use is at a height of less than one

hundred feet (100’) and not in violation of the additional violations

set forth in subsection D below; or

(3) by a Law Enforcement Agency in response to an emergency

situation or after obtaining a warrant based upon probable cause

that criminal activity is occurring.

D. Additional Violations. In addition to those violations enumerated above,

the following are violations of this Article, even under an authorized use

pursuant to the prior issuance of a single event limited use permit or a

recreational use exception. No person or entity shall use a Unmanned

Aircraft System within the Town:

(1) in a careless or reckless manner that is imminently dangerous to

persons or property on the land or water area beneath where the

Unmanned Aircraft System is flying; or

(2) to record or transmit any visual image or audio recording of any

person or private real property located in the Town under

circumstances in which the subject person or owner of private

property has a reasonable expectation of privacy (including, but

not limited to, inside a private residence or office, and inside an

enclosed yard).

Section 10-12-4 Penalty

4

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\BE09ED31-0989-4510-8339-F1B2604040F1\7404.doc

Any person who shall violate any of the provisions of this Ordinance shall be guilty

of a Class 1 Misdemeanor and upon conviction thereof shall be punished by a fine

not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment for

a period not to exceed six months or by both fine and imprisonment. Each day that

a violation continues shall be a separate offense punishable as described.

Section 2. If any section, subsection, sentence, clause, phrase or portion of this

ordinance or any part of these amendments to the Town Code adopted herein by

reference is for any reason held to be invalid or unconstitutional by the decision of any

court of competent jurisdiction, such decision shall not affect the validity of the

remaining portions thereof.

Section 3. This ordinance shall become effective in the manner provided by law.

PASSED AND ADOPTED by the Mayor and Council of the Town of Paradise Valley,

Arizona, this _____ day of ________________ 2015.

__________________________________

Michael Collins, Mayor

ATTEST:

_______________________________

Duncan Miller, Town Clerk

APPROVED AS TO FORM:

_________________________________

Andrew M. Miller, Town Attorney

CERTIFICATION

I, Duncan Miller, Town Clerk, certify that the foregoing is a true copy of Ordinance

Number _____ duly passed and adopted by affirmative vote of the Town Council of

Paradise Valley at a meeting held on the _____ of _____ 20__. Passage of this

Ordinance appears in the minutes of the meeting. The Ordinance has not been rescinded

or modified and is now in effect. I further certify that the municipal corporation is duly

organized and existing, and has the power to take the action called for by the Ordinance.

_________________________________

Duncan Miller, Town Clerk