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2018-10-02 P & Z Packet
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2018-10-02 P & Z Packet
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Model Drone Ordinance <br /> Last Updated:August 21,2018 <br /> B. Any Person who Operates a Drone in violation of an issued permit may be punished by a fine, not <br /> to exceed [INSERT PENALTY AMOUNT]. <br /> C. Any Person who Operates a Drone in violation of this Ordinance, including, but not limited to, <br /> reckless Operation of a Drone, may be punished by a fine, not to exceed [INSERT PENALTY <br /> AMOUNT]. <br /> D. Any Person who Operates a Drone in violation of any rules promulgated by the City Manager may <br /> be punished by a fine, not to exceed [INSERT PENALTY AMOUNT]. <br /> E. These penalties are not exclusive of one another. <br /> Section 8. Criminal Operation of Drones; Penalties <br /> A. It shall be unlawful to Operate a Drone in any manner constituting a nuisance, an invasion of <br /> privacy, or trespass in violation of City Code. <br /> B. It shall be unlawful to Operate a Drone with the intent to photograph, record, or otherwise <br /> observe another individual in a place or location where the individual has a reasonable <br /> expectation of privacy. <br /> C. It shall be unlawful to Operate or attempt or intend to Operate a Drone to transport, deliver, or <br /> facilitate the transport or delivery of any controlled substance, simulated controlled substance, <br /> any precursor thereof, or Hazardous Material as defined in 49 C.F.R. § 171.8. <br /> [Source: 14 C.F.R. §§91.19, 107.27, and 107.36; Minn. Stat. Ch. 152.] <br /> D. It shall be unlawful for a Person to Operate or be in physical control of any Drone while under the <br /> Person is under the influence of alcohol, a controlled substance, a hazardous substance that <br /> affects the nervous system, brain, or muscles of the person so as to substantially impair the <br /> Person's ability to Operate the Drone, or any combination thereof. <br /> E. It shall be unlawful to modify a Drone such that the Drone is capable of operating, using, or <br /> transporting a Dangerous Weapon as defined in Minn. Stat. § 609.02, subd. 6 and its <br /> interpretation thereof. <br /> F. The Chief of Police or his/her designee shall administer and enforce the provisions of this Section <br /> 8 and may exercise any enforcement powers as provided in [INSERT CITATION TO MUNICIPAL <br /> CODE SECTION IDENTIFYING MUNICIPAL ENFORCEMENT POWERS]. <br /> G. Violations of this Section 8 may be prosecuted as misdemeanors subject to the fines and custody <br /> provided in [INSERT CITATION TO MUNICIPAL CODE SECTION IDENTIFYING PENALTIES]. <br /> Prepared by: <br /> Michael R. Bradley <br /> Vincent W. Rotty <br /> Bradley Berkland Hagen & Herbst LLC <br /> 2145 Woodlane Drive Suite 106 <br /> Woodbury, MN 55125 <br /> 7 <br />
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