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e.
f.
g.
Language recommended by ordinance committee June 28, 2016, amended August 9, 2016
Section 3 - Scope
This ordinance shall apply to all drones, as defined herein, to the extent allowed pursuant to state
and federal law and regulation. This ordinance shall be limited to those drones that weigh less
than fifty five (55) pounds and which are flown by private citizens below four hundred (400)
feet.
Section 4 - Regulated Activities and Operational Limitations
a. All drones shall comply with all regulations and operational limitations of the
Federal Aviation Administration.
b. A drone may take off from and land on private property owned by the drone
operator, and as permitted from such private and public property after having
received the prior written consent of that property owner.
c Any operator of a drone used for hobby or recreational purposes and not in
connection with a business or commercial operation shall also:
i. Register with the FAA and comply with all requirements necessary to
register.
ii. Fly at or below 400 feet. Shall comply with all regulations and operational
limitations of the Federal Aviation Administration.
iii.
iv. Maintain at all times a visual line of sight to the drone while operating the
drone.
v. Not operate over any persons or groups of persons not directly
participating in the operation, not under a covered structure, and not inside
a covered stationary vehicle.
vi. Not operate except in daylight-only or civil twilight (30 minutes before
official sunrise to 30 minutes after official sunset, Eastern Standard time)
with appropriate anti-collision lighting.
vii. Not photograph or videotape any resident in their own home or on their
property without prior written consent of those person or persons.
viii. Not operate over the private property of another unless prior written
consent is obtained from the property owner.
ix. Not operate over any property owned by the City of Holyoke, including
the Holyoke Water Works and Holyoke Gas & Electric, unless prior
written consent has been obtained from the City of Holyoke, Holyoke
Water Works or Holyoke Gas & Electric.
Section 5 - Penalties and Enforcement
This ordinance shall be enforced by the Police. Any violation of this ordinance shall be subject to
a non-criminal fine in accordance with M.G.L. ch. 40, sec. 21D. The penalty for a first offense of
Language recommended by ordinance committee June 28, 2016, amended August 9, 2016
this ordinance shall be a written warning; a second offense shall be a $100 fine; a third offense
shall be a $200 fine; and each subsequent offense shall be a $300 fine.