A new ordinance designed to introduce drone regulations was given continued support at the formal city council meeting Wednesday afternoon in Phoenix City Hall.
Phoenix District 7 councilman Michael Nowakowski said he and District 6 councilman Sal DiCiccio began drafting the original ordinance for Phoenix staff review almost a year ago.
The idea of the drones ordinance came from a casual conversation between Nowakowski and his fellow councilman regarding possible violations of the public’s safety and privacy through the use of unmanned aircraft technology, Nowakowski said.
“We began thinking, ‘Wow, what happens if someone flies a drone into a crowded auditorium, around our civic spaces, or an event and drops a bomb or something?’” he said.
The councilmen also discussed their disapproval of the idea that individuals could use drones to document private affairs without permission.
“I have six children, and five of them are under the age 13 and they play in the backyard,” Nowakowski said, adding, “I don’t think it’s right for anyone to be flying a drone and able to videotape my children.”
The ordinance would introduce important guidance for Phoenix residents regarding drones, said Dan Brown, chief assistant city attorney, in an email.
“The non-military and commercial use of drones is in its infancy,” he said. “The purpose of the proposed ordinance is to provide some guidance to Phoenix residents regarding the use of drones until federal and state law fully address the issue.”
The ordinance draft lists three prohibited recreational uses of unmanned aircraft technology. If violated, a civilian could be charged with a class-one misdemeanor.
Drones may not be used to carry a weapon, gather images of individuals for commercial purposes, or as a device to record people without consent while in “the solitude or seclusion of another or his private affairs or concerns,” the ordinance draft states.
“As it stands, should any form of UAV/UAS (Unmanned Aerial Vehicles/ Unmanned Aircraft Systems) legislation be enacted or adopted, it would have to be reviewed by our Legal Unit to develop policy on how we would enforce it,” Phoenix Police Department Sergeant Vince Lewis said by email.
The document states there are instances when it is lawful to use drones to record individuals on private property in the City of Phoenix.
There are currently 14 exceptions, several pertaining to law enforcement. An unmanned aircraft may be used in a search for a missing person or to document the scene of an accident.
Drones are also permitted if the images captured are used for an artistic or journalistic purpose, the draft explains.
The ordinance includes specific restrictions on City of Phoenix personnel. The document denies the use of drones to “search or investigate any area where an individual has a reasonable expectation of privacy.” Drones can be used as a tool if a proper search warrant is obtained.
It is likely that the current draft will be modified before it is approved, Brown said.
“Given the strong interest in the subject, there may be additional changes to the proposed ordinance,” Brown said.
According to the meeting agenda released on Dec. 2, the passing of this ordinance would result in an amendment of the city code’s chapter on morals and conduct as well as the section devoted to Parks and Recreation.
The current projected date the ordinance will take effect is March 1, 2016.
Nowakowski said he does not predict the first version of the ordinance to be permanent.
“As we go on, we figure things out and we accommodate people,” he said. “For drones, I think it’s going to be the same thing. We’re going to figure out if we’re too strict or not strict enough on the ordinance. We can modify it every year.”
Contact the reporter at Sierra.Laduke@asu.edu.
