HomeMy WebLinkAboutLegislation FR� City of Miami
,
Legislation
Ordinance
File Number: 15-01513
City Hall
3500 Pan American
Drive
Miami, Fl- 33133
www.miamigov,com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING CHAPTER 37-12
TO CHAPTER 37 "OFFENSES - MISCELLANEOUS", OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED"PUBLIC SAFETYAND UNMANNED AIRCRAFT
SYSTEMS ("UAS") COMMONLY KNOWN AS DRONES", FOR THE PROTECTION
OF CITIZENS ENGAGING IN LARGE PUBLIC VENUE EVENTS FROM UAS AND
REGULATING THE FLYING OF UAS IN CERTAIN AREAS OF THE CITY OF MIAMI
BY CREATING REQUIREMENTS FOR REGISTRATION, AND PERMITTING OF
UAS, AND ENFORCEMENT OF VIOLATIONS FOR UAS; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, unmanned aircraft systems ("UAS"), also commonly referred to as Drones, can fly
under the control of a remote controlled pilot, a first person view ("FPV"), or via a global positioning
system ("GPS") guided autopilot mode; and
WHEREAS, due to the declining cost of new technology UAS have become increasingly popular
and available to private citizens and hobbyists; and
WHEREAS, UAS can be equipped with high definition cameras, night vision cameras, and infrared
scopes, as well as with combustive or explosive composites and materials; and
WHEREAS, the flying of UAS over or near heavily populated areas can create an unnecessary risk
of accident, opportunity for counter surveillance, the delivery of harmful substances, or a terror attack
in a densely populated area; and
WHEREAS, the City of Miami ("City") intends to promote public safety and protect people
participating in large public venue events, as well as the public at large; and
WHEREAS, in consideration of these concerns, the City is regulating the use of UAS within a
half -mile radius around and/or over large venue special events in public parks and public facilities,
including but not limited to parks, stadiums, open spaces, plazas, streets, etc., that attract large
groups of people; and
WHEREAS, all restrictions are intended to protect persons gathered in groups where a UAS
incident would cause greater harm and risk of injury due to a greater number of people gathered in a
close proximity; and
WHEREAS, this ordinance does not prohibit the use of UAS by any law enforcement agency for
lawful purposes and in a lawful manner; and
WHEREAS, it is not intended to restrict legitimate hobbyists operating UAS in compliance with FAA
rules and any applicable laws, and outside of the prohibited areas; and
City of Miami Page 1 of 4 File Id.- 15-01513 (Version: I) Printed On: 111912015
File Number: 15-01513
WHEREAS, this ordinance is not intended to preempt FAA rules, but to operate in conjunction with
those rules to promote public safety while recognizing the limitations in the FAA's enforcement
capabilities; and
WHEREAS, the Miami City Commission now desires to regulate the use of UAS to ensure the
public's safety at sporting, entertainment, and public events within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and
incorporated as if fully set forth in this section.
Section 2. Chapter 37 of the Code of the City of Miami, Florida, as amended, is amended in the
following particulars: {1}
"CHAPTER 37
OFFENSES - MISCELLANEOUS
Sec. 37-12. - Public Safety and Unmanned Aircraft Systems commonly known as Drones.
Lal Purpose and intent. This Section is intended to promote public safety and protect people attending
large venue public events from the flying of unmanned aircraft systems ("UAS") in and over such large
public events. The City Commission wishes to regulate the use of UAS within a half -mile radius around
stadiums and sport facilities when these devices are in use, and over other large venue special events
in public parks, public facilities, streets, plazas, open spaces and the like that will attract large groups
of people. All restrictions are intended to protect persons gathered in groups where a UAS incident
would cause greater harm and risk of injury due to a greater number of people gathered in a close-
proximity.
lose
rop ximity.. It is not intended to restrict legitimate hobbyists operating UAS in compliance with FAA rules
and any other applicable laws, and outside of the prohibited areas. This Section is not intended to
preempt FAA rules, but rather to operate in conjunction with those rules to promote public safety while
recognizing the limitation in the FAA's enforcement capabilities.
(b) Definitions.
1. "Applicant/Permittee" shall mean the person or corporation that applies for the permit and
ultimately may receive the permit after all the requirements in the code have been met.
2. "Large venue special event" shall mean any event held in a public space open space, plaza
street, park, stadium, or any open-air facility or closed -air facility that is open to the public,
ticketed and/or non -ticketed audience and is an event intended to attract people. A large venue
special event includes but is not limited to, a sporting event concert festival protest, etc.
3. "Unmanned Aircraft Systems" ("UAS") shall mean an unmanned aircraft or unmanned aircraft
system that can fly under the control of a remote pilot or by global positioning system (GPS)
guided autopilot mechanism. UAS's are more commonly known as "drones.
(c) Prohibitions.
1. Unless otherwise exempt under this Section, UAS are prohibited from being deployed
launched or flown in any airspace within or over any sporting and/or large venue special event
including but not limited to, over and within a half -mile radius of Bayfront Park, Marlins Ballpark,
Miami Marine Stadium, or the Calle Ocho Festival when it is in use during a large venue special
City ofNlinmi Page 2 of 4 File Irl. 15-01513 (Version: 1) Printed On: 111912015
File Number: 15-01513
event, and over public parks and public facilities during large venue special events.
2. In all other areas of the City, the following restrictions shall apply:
A. UAS may not be larger than five (5) pounds including any attachments, and may not be
equipped with detachable carpo, releasable payload, or any device equipped to carry a
weapon. Any modifications to a UAS must be pursuant to FAA approval and registered
via the City's permitting process.
B. UAS over five (5) pounds may be operated only by a registered member of the
Academy of Model Aeronautics (AMA), if the operator is subjected to and compliant with
AMA rules. Notwithstanding the weight limit all other provisions of this Section shall
apply.
C. Conditions in 2A and B above shall be included as conditions in the permitting process.
(d) Permitting_
1. Permits are required for certain activities so that city officials and employees can regulate
activities which would tend to damage private/public property, endanger the public or event
attendees, or which are likely to create an atmosphere which would discourage use of city_
owned property, other locations or venues for their intended purpose.
A. The application form shall be completed by the applicant,
B. The application shall be processed and approved by the appropriate city official (s) and
departments as is accustomed through the City's regular special event and temporary_
event process as established in the City Code in Chapters 54 and 62 prior to issuance
of any permit referred to by this article.
C. The applicant's form shall require the name of applicant, valid governmental issued
identification, current, address and phone number(s) of applicant, photograph of UAS to
be registered, UAS name and serial number or product number, and statement of
purpose for request of permit.
D. Applications must be made at least 14 days prior to requested usage time of UAS to
ensure proper review of application by city officials,
E. The City Manager is authorized to establish fees for all permits issued. Thereafter, the
city manager shall set and annually revise and adjust said fees if necessary, prior to
the first day of September, and such revised fees shall become effective the first day of
October of each fiscal year via an administrative memorandum. In reviewing the
existing schedule of fees to determine whether or not to revise and adjust the same, the
city manager shall take into consideration any one, or all of the following criteria: (i)
purpose and type of event(s) or program(s) conducted at the city owned properties or at
the large venue special events, including_ benefits to the community; (ii) operating
expenses of the permitting scheme described herein: (iii) and/or other factors deemed
appropriate by the city manager. At any time, the city manager shall be authorized to
negotiate the fee for all permits to use UAS above should it be determined that the
current schedule of fees does not properly address a particular type of event.
F. Same -Rules and conditions.
The following rules and conditions shall apply to permits issued pursuant to this Section:
L They are issued on a first come, first served basis.
H. Permits are nontransferable, and are valid only on the date specified thereon.
iii. The permittee shall be held responsible for any damage and be liable to any
third party_
iv. The permittee shall observe, obey and comply with the rules and regulations
established by this Section, as well as all applicable City, county, state and
federal laws, rules and regulations.
v. The permittee shall assume all risk in the use of the UAS and shall be solely
responsible and answerable in damages for all accidents and iniury to person or
City of Miami Page 3 of 4 File Id. 15-01513 (Version: 1) Printed On: 111912015
File Number: 15-01513
Property, as well as fines in connection with violations of this Ordinance or other
applicable law.
vi. Special conditions related to safety may be imposed for particular large venue
special events depending upon occupancy or other safety considerations.
(e). Exemptions.
This Section shall not prohibit the use of UAS by a permitee under this Section or by any law
enforcement agency for lawful purposes and operated in a lawful manner.
(D. Enforcement.
A violation of this section shall be prosecuted under Section 1-13, in the same manner as
misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law;
however, in addition to, or in lieu of any criminal prosecution the city shall have the power to sue in
civil court and to enforce the provisions of this article before its code enforcement board established in
Chapter 2, Article X of the Code of the City of Miami as amended. Equipment flown in violation of this
Chapter may be confiscated.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall
become and may be made a part of the Code of Ordinances of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changes to
"section", "article," or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall take effect immediately after final reading and adoption thereof.{2}
AS TO F M AND f ORRECTNESS:
YXCTORIA l=-NDEZ
CITY ATTORNEY
Footnotes:
{1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the effective
date stated herein, whichever is later.
City ofMinmi Page 4 ofq File Irl: 15-01513 (Version: 1) Printed On: 111912015