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I. DEFINITIONS: “Drones” refers to any powered aerial vehicle controlled autonomously or remotely that does not carry a human operator. Drones include, but are not limited to, powered aerial vehicles that store and/or transmit sensor data, such as photos, video, thermal images, and intercepted wireless communications; and unmanned aerial vehicles capable of firing lethal, less-lethal projectiles, crowd control measures, or any other anti-personnel weapon.

B. “[City/County] airspace” includes all airspace above the territorial boundaries of [city/county], to the extent to which such airspace can legally be regulated by [name of city or county]. This legislation does not seek to interfere with the authority of the Federal Aviation Administration.

C. “Law enforcement agency” means a lawfully established state or local public 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.

D. “Aggrieved Party” means a person whose personal information has been captured by unlawful drone use.

E. “Personal information” means information about an individual including but not limited to their effects, papers, affiliation with religious or political ideologies or groups, biometric information, movements, address, or administrative information such as social security number or agency-issued identification.

F. “Surveillance” means the monitoring or close observation of an individual or group for the purpose of gathering information related to possible or “suspected” criminal activity by that person or by someone else.

G. “Anti-personnel weapon” means any projectile, chemical, electrical, directed-energy (visible or invisible), or other device designed to harm, incapacitate, or otherwise negatively impact a human being.

drone free zone

II. Drone Free Zone

 

A. [city/county] shall be known as a “drone-free zone” and;

1. Any person operating a drone within [city/county] airspace shall be guilty of a misdemeanor, to wit, Unlawful Drone Use, carrying a maximum penalty of up to one year in jail and a fine not to exceed $1,000, and each day on which a drone is flown shall be considered a separate offense and will be considered to be an additional misdemeanor, with jail time and fines based on the number of violations.

2. No agency or department of [city/county] shall purchase, lease, borrow, or otherwise acquire a drone.

3. No officer or employee of [city/county] shall make any use of drones or the data they have collected in the discharge of their duties

4. No officer or employee of [city/county] shall request or accept, handle, analyze, or transmit any kind of data gathered by third parties using drones, including private parties, security contractors, or other government agencies.

5. Under no circumstances shall any officer or employee of [city/county] use drones to monitor or observe any person.

6. Under no circumstances shall any personally identifying information captured by drones, whether by agencies of [city/county] or otherwise, including images of identifiable individuals, be retained or shared with any agency.

7. Failure of a [city/county] officer or employee to comply with the provisions of this chapter shall constitute malfeasance in office under [state law]. B. No information gained through drone surveillance shall be used to support a declaration of probable cause or otherwise justify or further a criminal investigation.

C. Evidence obtained or collected in violation of this ordinance is not admissible as evidence in a criminal prosecution in any court of law [in this county] including use during trial, at sentencing, before a grand jury, as rebuttal evidence, or during administrative hearings in any court of law in the state.

D. No officer or employee of [city/county] shall present such evidence in any court of law, including state or federal courts, for use during trial, at sentencing, before a grand jury, as rebuttal evidence, or during administrative hearings.

E. All information or records of information collected through the use of drones in violation of this Ordinance shall be “destroyed as soon as practicable,” and within no case later than twenty-four (24) hours after capture or receipt.

(Note: Most of this information is redundant and applies to the basic format presented, still important to know, and QUESTION!)

III. IMPLEMENTATION

A. This Ordinance shall not be enforced in a selective manner or otherwise be used to interfere with individual lawful investigations undertaken by law enforcement agencies within [city/county], but shall instead be rigorously and consistently enforced.

B. All violations of this Chapter, all investigations into violations of this Chapter, and all reports or complaints regarding Unlawful Drone Use made to any [city/county] office or department, shall be reported to the [appropriate public agency]. The [appropriate public agency] shall electronically compile all such reports, keep them in perpetuity, and make them available to any person who inquires.

C. [City/county] agencies, including, but not limited to the [city or county counsel], and the [the airport authority], shall work together to establish the scope of this law and “ensure that members of the public can understand its particulars.” This effort shall include, but not be limited to, a description of all [city/county] airspace “not under exclusive Federal jurisdiction.”

D. An aggrieved party may initiate a civil action against a law enforcement agency or agent to obtain all appropriate relief in order to prevent or remedy a violation of this Ordinance.

1. Such aggrieved party shall be entitled to reasonable attorneys’ fees and costs of suit plus the greater of actual damages or an amount equal to $1,000 per violation.

2. Such relief shall include the ability to request expungement of all information or records of information where the direct or indirect source of such information is unlawful drone use.

E. Individuals who have reason to believe they have been subject to drone surveillance shall be entitled to request a record of such surveillance, including but not limited to any personally identifying information obtained by such surveillance.

(Wait a minute. In the above section II. E. It is clearly noted that ‘E. All information or records of information collected through the use of drones in violation of this Ordinance shall be “destroyed as soon as practicable,” and within no case later than twenty-four (24) hours after capture or receipt.)

III. LIMITATION OF POWERS AND AUDIT REQUIREMENT—AERIAL SURVEILLANCE

A. No law enforcement agency shall:

1. conduct any aerial surveillance of any person or property within [city or county], except as “authorized by a warrant” issued in compliance with Section II(B) of this Ordinance.

2. use data obtained via aerial surveillance to support a declaration of probable cause or “otherwise justify” or further an investigation except as authorized by a warrant issue in compliance with Section II(B) of this Ordinance;

B. Any law enforcement agency that applies for or conducts aerial surveillance pursuant to a warrant shall compile and make available to the public on an annual basis the following information:

1. The fact that a warrant or extension was sought;

2. The kind of warrant or extension sought;

3. Whether each warrant or extension was granted as sought, was modified, or was denied;

4. The period of interceptions authorized by the order, and any extensions of the order;

5. The offense or purpose specified in the petition, and the “probable cause”giving rise to such warrant or extension of such warrant;

6. The general description of the information gathered under such search warrant or extension including: (a) the approximate nature and frequency of incriminating conduct gathered; (b) the approximate number of persons upon whom information was gathered; (c) the approximate nature, amount, and cost of the staff hours and other resources used in the collection; (d) the number of arrests resulting from information gathered under such search warrant or extension and the offenses for which arrests were made; (e) the number of trials resulting from such information; (f) the number of motions to suppress made with respect to such information and the number granted or denied; AND

(g) the number of convictions resulting from such information and the offenses for which the convictions were obtained and a general assessment of the importance of the information; AND C. Any law enforcement agency within this jurisdiction that did not apply for or conduct drone surveillance shall make a certification available to the public on an annual basis to that effect.

IV. PROCESS FOR ACQUISITION OF A DRONE A. No agency or department of [city/county] shall purchase, lease, borrow, or otherwise acquire the use of a drone without engaging in the following process:

1. The agency or department shall inform [the local legislative body] of their intention purchase, lease, borrow, or otherwise acquire the use of a drone;

2. The agency or department shall provide a full accounting of the amount and source of funds required for the acquisition, including but not limited to cost of purchase or lease, staff hours devoted to the acquisition and use of the drone and training the operator of the drone;

3.[The local legislative body] shall place the acquisition on the next meeting of the full [local legislative body] or shall move the item to the appropriate committee;

4. The full [local legislative body] or the appropriate committee shall provide no less than one week notice to the public of the intended acquisition and shall provide opportunity for public comment in an open and public meeting; AND

5. The full [local legislative body] shall vote on the intended acquisition in an open and public meeting; AND

B. Any use of a drone by personnel of a department or agency that has not engaged in the above process shall be considered Unlawful Drone Use under Section VI(B) of this Ordinance.
V. LIMITS ON USE OF INFORMATION OBTAINED BY DRONES; DATA RETENTION

Any imaging or other forms of observational data where the source of such information is Unlawful Drone Use as specified in Section VI(B) of this Ordinance:

1. may not be preserved by law enforcement or government agencies for any purpose and must be destroyed as soon as practicable and in no case later than twenty-four (24) hours from capture or receipt.

2. is not admissible as evidence in a criminal prosecution in any court of law in this state, including use during trial, at sentencing, before a grand jury, as rebuttal evidence, or during administrative hearings in any court of law in the state.

3. may not be used to support a declaration of probable cause or otherwise justify or further an investigation except as authorized by a warrant issued in compliance with Section II(B) of this Ordinance; AND

4. shall not be shared with any federal, state, or local law enforcement or intelligence agencies;

B. No officer or employee of [city/county] shall present such evidence in any court of law, including state or federal courts, for use during trial, at sentencing, before a grand jury, as rebuttal evidence, or during administrative hearings;

C. Any imaging or any other forms of data lawfully obtained under this Ordinance for which there is not a reasonable and articulable suspicion that those images or data contain evidence of a crime, or are relevant to an ongoing investigation or trial, may not be retained for more than thirty days , and shall be retained only in accordance with [state laws regarding criminal intelligence]; AND

D. Any evidence of criminal activity that is observed during a duly warranted flight that is not related to the specific purpose for which a warrant was issued shall not be used for any purpose, or shared with any federal, state, or local law enforcement or intelligence agencies and shall be destroyed as soon as practicable and in no case later than twenty-four (24) hours from capture or receipt.

VI. UNPERMITTED USE OF DRONES; PENALTIES

A. Drones shall only be flown as permitted above and:

1. Under no circumstances shall any officer or employee of [city or county] use drones to monitor or observe any person without a warrant;

2. Under no circumstances shall a private individual or entity operate a drone except as authorized by a valid private drone use license as described in Section II(C);

3. No officer or employee of [city or county] shall make any use of drones in the discharge of their duties, nor shall officer or employee request or accept any kind of data gathered by third parties using drones unless such drone use is in strict compliance with Section II(B) of this Ordinance; AND

4. Under no circumstances shall any personal information captured by drones, whether by agencies of [city/county] or otherwise, including images of identifiable individuals, be retained or shared with any agency except in strict compliance with all applicable laws including this Ordinance;

B. Any person or entity using a drone within [city or county] airspace outside of the permissible uses outlined in any section of this Ordinance shall be guilty of a misdemeanor, to wit, Unlawful Drone Use, carrying a maximum penalty of up to one year in jail and a fine not to exceed $1,000 and each day on which a drone is flown.

Each separate violation of any section or subsection of this Ordinance shall be considered a separate offense and will be considered to be an additional misdemeanor, with jail time and fines based on the number of violations; C. Failure of a county officer or employee to comply with the provisions of this chapter shall constitute malfeasance in office under [state law]; AND
D. An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this act and:

1. such aggrieved party shall be entitled to the greater of actual damages or an amount equal to $1,000 per violation plus recovery of reasonable attorneys’ fees and costs of suit.

2. Such relief shall also include the ability to request expungement of all information or records of information where the source of such information is unlawful drone use.
VII. PUBLIC INFORMATION A. All information required to be compiled under this ordinance shall be made available to the public within the requirements of [state public records act law];

AND B. Individuals who have reason to believe they have been the subject of drone surveillance shall be entitled to request a record of such surveillance, including personal information captured or received.
VIII. SEVERABILITY
The provisions of this Ordinance shall be severable. If any phrase, clause, sentence  or provision of this Ordinance is declared by a court of competent jurisdiction to violate the Constitution of the United States or the Constitution of the State of [State], or if its applicability to any agency, person or circumstance is held invalid, the validity of the remainder of the Ordinance and its applicability to any other agency, person or circumstances shall not be affected.

IX. POLICY STATEMENT

A. [city/county government] calls on the United States Congress and the [city or county’s representatives to Congress], to adopt legislation limiting the use of drones domestically, and prohibiting information obtained from any unregulated domestic use of drones from being introduced into a Federal or State court, and precluding the domestic use of drones equipped with anti-personnel devices, meaning any projectile, chemical, electrical, directed-energy (visible or invisible), or other device designed to harm, incapacitate, or otherwise negatively impact a human being.
B. The [city executive official] shall send copies of this ordinance to our US Congressional and Senate representatives, the US Senate Committee on the Judiciary, the US Senate Select Committee on Intelligence, the US House of Representatives Committee on the Judiciary, the US House of Representatives Permanent Select Committee on Intelligence, the US Attorney General, and the President of the United States.

DREAD Brochure_Page1_Trinamic Technologies, LLC

 

 

 

 

 

 

 

Source:

Model Legislation – People’s Campaign for the Constitution

http://www.constitutioncampaign.org/campaigns/resources/DronesAnnotated.pdf

Bill of Rights Defense Committee | BORDC | Standing for liberty

HB 2574 – Arizona State Legislature

HB2574: Citizens Protection From Unwarranted Surveillance Act

Navigating the Dataverse: Privacy, Technology – The ICHRP

Illegal drone market thriving in U.S. | MNN – Mother Nature Network

Integration of Drones into Domestic Airspace: Selected Legal Issues

Human rights implications of the usage of drones and unmanned

Drone Ban Ordinance for your community – Veterans for Peace

No Drones California

 

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