Drone on Drones: Nation’s First Drone Ban Passed

Best Best & Krieger LLP
Contact

The Poway City Council approved an urgency ordinance temporarily banning the use of drones throughout most of the City this week amid concerns that the UAVs could hamper firefighting efforts. Poway is the first city in the nation to ban drones, although the 45-day ban is merely a stopgap measure until a more detailed and comprehensive law can be drafted, according to the San Diego Union-Tribune.

The ordinance bans drones outright in portions of Poway vulnerable to wildfire — about 75 percent of the City. According to City officials, the ban will only be enforced during emergencies to keep drones out of the skies when firefighting aircraft might be overhead. The ban exists to give the City an enforcement mechanism in the event a drone interferes during an emergency situation. The ordinance passed 4-1, with the councilman who submitted the dissenting vote expressing discomfort with an ordinance that will only be enforced on rare occasions. The urgency ordinance can be renewed for up to two years after the initial 45-day period while the City determines the best way to handle the issue.

Poway’s action is in response to the several recent instances of drones interfering with firefighting throughout the state. It is already a crime under California law to interfere with the lawful efforts of a firefighter to extinguish a fire, and legislation is being discussed at the state level to toughen laws regarding drones interfering with firefighting. The state senate approved a bill this week that would grant civil immunity to any emergency responder for damage to a drone that was interfering at a fire scene. That bill, AB 1327, would also make it a crime to recklessly operate a drone in a way that prevents or delays the extinguishment of a fire, with violators facing six months in jail or a fine up to $5,000. That bill will soon be considered by the state assembly.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Best Best & Krieger LLP | Attorney Advertising

Written by:

Best Best & Krieger LLP
Contact
more
less

Best Best & Krieger LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide