REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Approve Introduction of an Ordinance Amending Chapter 8.60 ("Unmanned Aircraft System") of the City Code
Report
BACKGROUND
In August 2015, the City Council approved Ordinance No. 1942 creating Chapter 8.60 ("Unmanned Aircraft Systems") of Title 8 ("Health and Safety") of the Code of the City of Santa Clara "City Code" to promote public safety and protect people engaging in large venue public events. The ordinance established half mile "no-fly" zones around large public venues and imposed restrictions on drone weight and capabilities.
Prior to 2015, no framework was in place to guide and regulate Unmanned Aircraft use in the City beyond Federal Aviation Administration (FAA) regulations.
The FAA has since issued updated rules and guidance, as set forth in the 2023 Fact Sheet on "State and Local Regulation of Unmanned Aircraft Systems" (Fact Sheet), reaffirming exclusive authority over airspace and air safety regulation, and limiting what cities can lawfully restrict. The Fact Sheet provides concrete examples of laws likely preempted (e.g. route restrictions, altitude ban, local licensing, mandatory safety gear) and laws more likely to survive (e.g. restrictions on takeoff/landing locations, time-of-day constraints, local criminal law violations) as long as they do not unreasonably interfere with drone flight operations. The FAA's 2023 Fact Sheet clarifies the following areas of local government control of Unmanned Aircraft Systems (UAS):
* Local governments may regulate takeoff, landing, and ground operations;
* Local governments may not regulate airspace, flight paths, or impose equipment standards that interfere with federal rules; and
* Local ordinances must be narrowly tailored and not preempt federal law.
The technology of UAS - also known as "drones" - has undergone significant transformation in both capability and accessibility since 2015. Taken together, the updates to the FAA's regulato...
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