HomeMy WebLinkAbout10.B.1. Discussion of Unmanned Aircraft System Regulation General Business 10. B. 1.
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jeff Tate, Police Chief
DATE: 07/15/2014
SUBJECT: Discussion of Unmanned Aircraft System Regulation (A)
Action Sought
Council is asked to discuss the potential regulation of Unmanned Aircraft Systems (UAS).
Background
Staff was recently directed by City Council to examine ordinances and regulations surrounding
the use of drones or Unmanned Aircraft Systems (UAS) and report back to council in June. Along
with the City's attorney, staff has looked into the drone regulation issue and whether the City has
authority to adopt an ordinance, similar to the City of St. Bonifacius, limiting the use or operation
of drones in the City's airspace. While UAS regulation raises numerous constitutional and
common law issues, the issue of federal preemption is the major preliminary issue.
By federal law, the Federal Aviation Administration (FAA) is charged with U.S. airspace safety.
Generally, this authority preempts any state or local government from airspace regulation.
Furthermore, the courts have made it clear that local regulation of air safety is preempted by the
FAA. The FAA acknowledges that, although it has the power to regulate the operation of aircraft,
state and local governments still retain some authority to limit the aeronautical activities of their
own departments and institutions. Therefore, it appears that while a city may have some legal
authority to regulate the activities of its police and other departments in the use of UAS, it
probably does not have valid authority to limit or ban the activities of other public or private UAS
activities, which are under the jurisdiction of the FAA.
The police department has recently received multiple complaints about UAS flying over
residences. The FAA does not permit widespread use of UAS. UAS are divided into two
categories: Civil UAS and Public UAS. Model aircraft, like those operated in Shakopee, which
generated the complaints, are exempted from certification.
Congress has directed the FAA to create a framework to integrate the use of a wide range of small
civilian aircraft systems into the national airspace. This is expected to be completed by early
2015. The legitimacy of any local regulation will most likely hinge on the upcoming federal
regulations. Therefore, it is our recommendation that council avoid any preemption and
invalidation by federal laws and hold off on any local regulation until the FAA addresses the UAS
issue.
Recommendation
Staff recommends that City Council wait for the FAA to address the issue before moving forward
with an ordinance of our own. Should no federal regulations be adopted by early 2015, the City
could re-visit this subject in July 2015.
Budget Impact
There is no budget impact.
Relationship to Vision
The action supports:
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles.
Requested Action
Council should consider whether to wait for the FAA to address the issue of UAS or move
forward with an independant ordinance.
Attachments: