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2023 Proposed Drone Use Law


Local Law # __ of 2023

Village of Fultonville, County of Montgomery, State of New York

Local Law Restricting the Use of Drones within the Village

 

A local law restricting the use of drones within the Village.

 

A.  No person, pilot, or operator shall launch, land, retrieve, or otherwise operate an Unmanned Aircraft (“drone”) in the Village of Fultonville or upon Village-owned property outside the Village boundaries except from or above the following locations:

  1. From or above an operator’s own private property, but not, however, during those times subsection “4” hereinafter applies.
  2. From or above another person or entity’s property, but only after first obtaining the express written permission of the owner of the subject property, and not during those times subsection “4” hereinafter applies.
  1. From or on any Village of Fultonville owned, leased, or maintained property, including but not limited to streets, roadways, highways, lanes, sidewalks, parking lots, or Parks, whether within the Village boundaries or outside, but only after first obtaining the express written permission of the Village as hereinafter provided.
  2. From or on any property situate in the Village during a period extending from two (2) hours before and continuing two (2) hours after the conclusion and within one (1) mile of any Village designated “Special Event”, but only after first obtaining the express written permission of the Village as hereinafter provided.

Except after obtaining express written permission as set forth above, no person, pilot, or operator shall allow a drone to trespass on private or Village property. 

In no event shall a person, pilot or operator operate the drone to conduct surveillance of, or to photograph or record, areas where a person would have reasonable expectation of privacy.

 

B. To obtain permission from the Village, an operator must submit a written request to the Village Clerk who will present the request to the Village Board of Trustees for review.  Upon approval, by a majority vote of the Board of Trustees, the Village Clerk will provide written permission to the operator.

 

C.  Penalties: Every person convicted of violating this Local Law shall be punished by a fine of not more than two Hundred Fifty ($250.00) Dollars for each infraction.

 

D.  Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

E.  Effective date. This local law shall take effect immediately upon filing with the Secretary of State.


1/16/2023 11:29:37 AM