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13-3729. Unlawful operation of model or unmanned aircraft; state preemption; classification; definitions
A. It is unlawful for a person to operate a model aircraft or a civil unmanned aircraft if the operation:
1. Is prohibited by a federal law or regulation that governs aeronautics, including federal aviation administration regulations.
2. Interferes with a law enforcement, firefighter or emergency services operation.
B. It is unlawful for a person to operate or use an unmanned aircraft or unmanned aircraft system to intentionally photograph or loiter over or near a critical facility in the furtherance of any criminal offense.
C. Except as authorized by law, a city, town or county may not enact or adopt any ordinance, policy or rule that relates to the ownership or operation of an unmanned aircraft or unmanned aircraft system or otherwise engage in the regulation of the ownership or operation of an unmanned aircraft or an unmanned aircraft system. Any ordinance, policy or rule that violates this subsection, whether enacted or adopted by the city, town or county before or after August 6, 2016, is void.
D. This section does not:
1. Apply to a person or entity that is authorized or allowed by the federal aviation administration to operate or use an unmanned aircraft system if the person's or entity's operation or use complies with the authorization granted to the person or entity or with federal aviation administration rules.
2. Prohibit a city, town or county from enacting or adopting ordinances or rules on the operation or use of a public unmanned aircraft that is owned by the city, town or county.
3. Prohibit a city, town or county from enacting or adopting ordinances or rules that regulate the takeoff or landing of a model aircraft in a park or preserve owned by the city, town or county if:
(a) There are other parks or preserves that are within the city, town or county and that are available for model aircraft operation.
(b) The city, town or county only has one park or preserve that is within the city, town or county.
4. Apply to the operation of an unmanned aircraft, including a public unmanned aircraft, by a first responder as defined in section 36-661 while acting in the first responder's official capacity or an emergency worker while engaged in or supporting authorized emergency management activities or performing emergency functions pursuant to title 26, chapter 2.
E. A violation of subsection B of this section is a class 6 felony, except that a second or subsequent violation is a class 5 felony. A violation of subsection A of this section is a class 1 misdemeanor.
F. For the purposes of this section:
1. "Civil unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a person for any purpose other than strictly for hobby or recreational purposes, including commercial purposes, or in furtherance of or incidental to any business or media service or agency.
2. "Commercial purposes" means the use of an unmanned aircraft in return for financial compensation and includes aerial photography, aerial mapping or geospatial imaging.
3. "Critical facility" means any of the following:
(a) A petroleum or alumina refinery.
(b) A petroleum, chemical or rubber production, transportation, storage or processing facility.
(c) A chemical manufacturing facility.
(d) A water or wastewater treatment facility and water development, distribution or conveyance system, including a dam.
(e) An electric generation facility, as defined in section 42-14156, and any associated substation or switchyard.
(f) An electrical transmission or distribution substation.
(g) An electrical transmission line of at least sixty-nine thousand volts.
(h) An electronic communication station or tower.
(i) An energy control center.
(j) A distribution operating center.
(k) A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure limiting station or a liquefied natural gas facility or supplier tap facility.
(l) Any railroad infrastructure or facility.
(m) A federal, state, county or municipal court.
(n) A public safety or emergency operation facility.
(o) A federal, state, county or municipal jail or prison or other facility in which persons are incarcerated.
(p) A federal or state military installation or facility.
(q) A hospital that receives air ambulance services.
4. "Model aircraft" has the same meaning prescribed in section 336 of the FAA modernization and reform act of 2012 (P.L. 112-95), as amended.
5. "Person" means a corporation, firm, partnership, association, individual or organization or any other group acting as a unit.
6. "Public unmanned aircraft" means an unmanned aircraft or unmanned aircraft system that is operated by a public agency for a government-related purpose.
7. "Unmanned aircraft" means an aircraft, including an aircraft commonly known as a drone, that is operated without the possibility of direct human intervention from within or on the aircraft.
8. "Unmanned aircraft system" means an unmanned aircraft and associated elements, including any communication links and components that control the unmanned aircraft.
Senate Bill 1849
Senate Bill 1849
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31 13-3729. Prohibited operation of model or unmanned aircraft;
32 state preemption; definitions
33 A. A PERSON MAY NOT OPERATE A MODEL AIRCRAFT OR A CIVIL UNMANNED
34 AIRCRAFT IF THE OPERATION:
35 1. IS PROHIBITED BY A FEDERAL LAW OR REGULATION THAT GOVERNS
36 AERONAUTICS.
37 2. VIOLATES A TEMPORARY FLIGHT RESTRICTION OR NOTICE TO AIRMAN THAT IS
38 ISSUED BY THE FEDERAL AVIATION ADMINISTRATION.
39 3. INTERFERES IN THE OPERATION OF A MANNED AIRCRAFT.
40 4. INTERFERES WITH A LAW ENFORCEMENT OR FIREFIGHTER OPERATION.
41 5. IS IN A CARELESS OR RECKLESS MANNER THAT ENDANGERS THE LIFE OR
42 PROPERTY OF ANOTHER PERSON.
43 6. CAUSES THE INTENTIONAL KILLING OF A BIRD OR ANIMAL WHILE IN FLIGHT.
44 B. A PERSON MAY NOT OPERATE A MODEL AIRCRAFT WITHIN A HORIZONTAL
45 DISTANCE OF FIVE HUNDRED FEET OR A VERTICAL DISTANCE OF TWO HUNDRED FIFTY
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1 FEET MEASURED FROM THE OUTERMOST FENCE, PHYSICAL BOUNDARY OR WALL OF A
2 CRITICAL FACILITY WITHOUT THE WRITTEN CONSENT OF THE ENTITY THAT LAWFULLY
3 OWNS, OPERATES, POSSESSES OR CONTROLS THE CRITICAL FACILITY.
4 C. THIS SECTION DOES NOT APPLY TO A PERSON WHO IS AUTHORIZED TO
5 OPERATE A CIVIL UNMANNED AIRCRAFT PURSUANT TO AN EXEMPTION UNDER SECTION 333
6 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (P.L. 112-95) OR A
7 CERTIFICATE OF WAIVER, A CERTIFICATE OF AUTHORIZATION OR AN AIRWORTHINESS
8 CERTIFICATE UNDER 49 UNITED STATES CODE SECTION 44704 OR ANOTHER FEDERAL
9 AVIATION ADMINISTRATION GRANT OF AUTHORITY FOR SPECIFIC FLIGHT OPERATIONS OR
10 OTHER OPERATIONS THAT ARE CONDUCTED PURSUANT TO THE AUTHORITY GRANTED BY THE
11 FEDERAL AVIATION ADMINISTRATION.
12 D. EXCEPT AS AUTHORIZED BY LAW, A POLITICAL SUBDIVISION OF THIS STATE
13 MAY NOT ENACT OR ADOPT ANY ORDINANCE, POLICY OR RULE THAT RELATES TO THE
14 OWNERSHIP OR OPERATION OF AN UNMANNED AIRCRAFT, AN UNMANNED AIRCRAFT SYSTEM,
15 A CIVIL UNMANNED AIRCRAFT OR A PUBLIC UNMANNED AIRCRAFT OR OTHERWISE ENGAGE
16 IN THE REGULATION OF THE OWNERSHIP OR OPERATION OF AN UNMANNED AIRCRAFT, AN
17 UNMANNED AIRCRAFT SYSTEM, A CIVIL UNMANNED AIRCRAFT OR A PUBLIC UNMANNED
18 AIRCRAFT IF THE ORDINANCE, POLICY OR RULE IS MORE PROHIBITIVE THAN OR HAS A
19 PENALTY THAT IS GREATER THAN ANY STATE LAW PENALTY, WHETHER ENACTED OR
20 ADOPTED BEFORE OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
21 E. FOR THE PURPOSES OF THIS SECTION:
22 1. "CIVIL UNMANNED AIRCRAFT" MEANS AN UNMANNED AIRCRAFT OR UNMANNED
23 AIRCRAFT SYSTEM THAT IS OPERATED BY A PERSON FOR ANY PURPOSE OTHER THAN
24 STRICTLY HOBBY OR RECREATIONAL PURPOSES, INCLUDING COMMERCIAL PURPOSES, OR IN
25 FURTHERANCE OF OR INCIDENTAL TO ANY BUSINESS OR MEDIA SERVICE OR AGENCY.
26 2. "CRITICAL FACILITY" MEANS A FACILITY THAT IS OWNED OR LEASED FOR
27 ANY OF THE FOLLOWING PURPOSES:
28 (a) A PETROLEUM REFINERY.
29 (b) A PETROLEUM OR CHEMICAL PRODUCTION, TRANSPORTATION, STORAGE OR
30 PROCESSING FACILITY.
31 (c) A CHEMICAL MANUFACTURING FACILITY.
32 (d) A WATER OR WASTEWATER TREATMENT FACILITY AND WATER DISTRIBUTION OR
33 CONVEYANCE SYSTEM.
34 (e) A POWER GENERATING STATION PLANT OR SUBSTATION.
35 (f) A FEDERAL, STATE, COUNTY OR MUNICIPAL COURT.
36 (g) A PUBLIC SAFETY OR EMERGENCY OPERATION FACILITY.
37 (h) A FEDERAL, STATE, COUNTY OR MUNICIPAL JAIL OR PRISON OR OTHER
38 FACILITY IN WHICH PERSONS ARE INCARCERATED.
39 (i) A FEDERAL OR STATE MILITARY INSTALLATION OR FACILITY.
40 (j) A HOSPITAL.
41 (k) A PROPERLY MARKED FEDERAL, STATE, COUNTY OR MUNICIPAL OWNED
42 BUILDING.
43 3. "MODEL AIRCRAFT" MEANS AN UNMANNED AIRCRAFT OR UNMANNED AIRCRAFT
44 SYSTEM THAT IS OPERATED BY A PERSON STRICTLY FOR HOBBY OR RECREATIONAL
45 PURPOSES.
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1 4. "PUBLIC UNMANNED AIRCRAFT" MEANS AN UNMANNED AIRCRAFT OR UNMANNED
2 AIRCRAFT SYSTEM THAT IS OPERATED BY A PUBLIC AGENCY FOR A GOVERNMENT-RELATED
3 PURPOSE.
4 5. "UNMANNED AIRCRAFT" MEANS AN AIRCRAFT, INCLUDING AN AIRCRAFT
5 COMMONLY KNOWN AS A DRONE, THAT IS OPERATED WITHOUT THE POSSIBILITY OF DIRECT
6 HUMAN INTERVENTION FROM WITHIN OR ON THE AIRCRAFT.
7 6. "UNMANNED AIRCRAFT SYSTEM" MEANS AN UNMANNED AIRCRAFT AND
8 ASSOCIATED ELEMENTS, INCLUDING ANY COMMUNICATION LINKS AND COMPONENTS THAT
9 CONTROL THE UNMANNED AIRCRAFT.
10 Sec. 3. Arizona department of transportation; monitoring of
11 federal aviation administration regulations; annual
12 report; delayed repeal
13 A. Beginning on the effective date of this act and for three years
14 thereafter, the Arizona department of transportation's aeronautics division
15 shall monitor the federal aviation administration's regulation of model
16 aircraft, civil unmanned aircraft and public unmanned aircraft as those terms
17 are defined in section 13-3729, Arizona Revised Statutes, as added by this
18 act. The division shall consult with representatives of model aircraft,
19 civil unmanned aircraft and public unmanned aircraft, law enforcement and
20 political subdivisions in this state on whether amendments to section
21 13-3729, Arizona Revised Statutes, as added by this act, are necessary due to
22 changes in federal regulations made by the federal aviation administration.
23 B. The Arizona department of transportation's aeronautics division
24 shall submit an annual report in each year that monitoring is required by
25 subsection A of this section to the president of the senate and the speaker
26 of the house of representatives that makes recommendations for amendments to
27 section 13-3729, Arizona Revised Statutes, as added by this act.
28 C. This section is repealed from and after December 31, 2019
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