HomeMy WebLinkAbout1064 Regulation of Unmanned Aircraft Systems 05-28-2025ORDINANCE NO. 1064
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, ENACTING SECTION 9.20.090 OF THE FIRESTONE MUNICIPAL
CODE REGARDING THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS
WHEREAS, the use of unmanned aircraft systems ("UAS"), which includes drones for
commercial, law enforcement and recreational purposes, has become increasingly popular and
affordable; and
WHEREAS, the Federal Government through the Federal Aviation Administration has
exclusive authority to regulate aviation safety and the efficient use of airspace by aircraft and as
such attempts by state and local governments to limit UAS's to certain flight corridors or prohibit
their use anywhere within a municipality have been preempted by Federal law; and
WHEREAS, state and local governments may however impose restrictions such as
security measures which prohibit the operation of UAS's over municipalities water treatment
facilities and other types of critical infrastructure and to prevent harassment, voyeurism, and
trespass upon property, which is a particular concern as UAS's may contain audio and video
systems; and
WHEREAS, the Board of Trustee's desires to ensure that the use of UAS's within the
Town do not pose a threat to the public health, safety and welfare and the Town's critical
infrastructure
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Section 9.20.090 Regulation of Unmanned Aircraft Systems of the
Firestone Municipal Code is enacted to read as follows:
A. Definitions. As used in this section, the following terms shall have the meanings set forth
herein unless the context clearly requires otherwise.
Model aircraft means an unmanned aircraft that is: (a) capable of sustained flight in the
atmosphere; (b) flown within visual line of sight of the person operating the aircraft; and
(c) flown for hobby or recreational purposes.
Operate means to fly, use, launch, land, control, or navigate an unmanned aircraft system.
Town airspace means and includes all airspace above the jurisdictional boundaries of the
Town, to the full extent such airspace can legally be regulated by the Town.
Unmanned aircraft system or Uf1S means an aircraft, powered aerial vehicle, or other
device without a human pilot on board, the flight of which is controlled either
autonomously by on board computers or by remote control of a pilot operator on the ground
or in another vehicle or aircraft, and all associated equipment and apparatus. It includes
model aircrafts and drones.
B. Prohibited Acts. The following acts are prohibited in the operation of an unmanned aircraft
system anywhere in the Town or Town airspace:
(1) No person shall operate a UAS in a reckless or careless manner so as to endanger
the health, safety or well-being of persons or property.
(2) No person shall operate a UAS if he or she knows or has reason to know of any
physical or mental condition that would interfere with the safe operation of the
UAS, or if he or she knows or has reason to know that the UAS is not in proper
working order.
(3) No person shall operate a UAS to intentionally or knowingly harass, annoy, or
disturb any person, animal, or wildlife.
(4) No person shall operate an unmanned aircraft equipped with a firearm or other
deadly weapon.
C. Restricted Operations.
(1) Absent the prior written authorization from the Town Manager or such person's
designee, it is unlawful for any person to operate a UAS in, over and above Town
Hall, the Police and Municipal Court Building, the Maintenance Facility and the
St Vrain Water Treatment Plant and its facilities, which includes all wells, pump
facilities and reservoirs.
(2) It shall be unlawful for any person to hover, land or otherwise operate a UAS in,
on or over another person's private property without the prior consent of such
property owner.
(3) The UAS shall be operated in compliance with all applicable state and federal law
regulating the operation of unmanned aircraftand unmanned aircraft systems,
including any regulations adopted by the Federal Aviation Administration.
D. Exceptions. Nothing in this section is intended to prohibit the use of a UAS for lawful
purposes and in a lawful manner by any employees or agents of the Town, any local, state
or federal law enforcement agency or emergency services personnel in the fulfillment of
their duties. Nothing in this section is intended to prohibit the lawful operation of an
unmanned aircraft system authorized under Federal Aviation Regulation Part 107, Part 135,
or Public Law 254, Section 349.
Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance
be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby
declare it would have passed this ordinance and each part or parts hereof irrespective of the fact
that any one part or parts be declared unconstitutional or invalid.
Section 3. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
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Section 4. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED
IN FULL thisr day of T 2025.
C
ATTEST: Mi ranados Luna, CMC, Town Clerk
OF
COLORADO
APPR AS TO FORM:
all Keith in, Town Attorney