The Manhattan Beach City Council approved a preliminary version of an ordinance regulating drone use at its January 19 meeting, saying it wanted to protect citizens’ safety and privacy.
The law is modeled after one passed by the Los Angeles City Council in October and another passed by the city of Beverly Hills last year, according to City Attorney Quinn Barrow.
The Federal Aviation Administration has asserted its supreme jurisdiction over the airspace throughout the country, and cities within five miles of an airport, such as Manhattan Beach, must follow its regulations. However, some cities have decided to regulate the use of drones, citing the federal administration’s lack of an immediate enforcing mechanism.
The Manhattan Beach ordinance affirms the FAA’s jurisdiction but makes a violation of the city law a misdemeanor that can be punished.
“If you have local enforcement, you can address problems a lot quicker,” said Barrow, who drafted the ordinance.
Councilmember Wayne Powell said that he proposed enacting legislation after watching two near-miss accidents at the Manhattan Beach Volleyball Tournament in August.
“Two drones came dangerously close together,” said Powell. “One came dangerously close to a helicopter.”
The privacy aspect of the law was taken from the Beverly Hills ordinance and bars people from using “unmanned aircraft to record or transmit any visual image or audio recording of any person or private real property located in the city under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including, but not limited to, inside a private residence or office, and inside an enclosed yard).”
Mayor Mark Burton and Councilmember Amy Howorth said they knew residents whose privacy had been invaded by drones.
“A friend of mine heard a noise,” said Howorth. “She had a drone flying around her property for two minutes. What do you do? Do you call police?”
“We’re not trying to make it so professional photographers can’t take photos of the pier,” she added. “But if people have their privacy threatened, they can complain and get safety.”
Burton called the legislation “vitally important to our safety.”
“Some friends I know, their daughter lives upstairs,” said Burton. “They had a drone looking through the window. It’s the Peeping Tom routine. I think we’re being proactive.”
Under the ordinance, hobbyists can only operate their aircraft during the day and with permission from the airport air traffic controller. They must keep the aircraft within view at all times and at least 25 feet away from people. They must also yield to any manned aircraft and fly no higher than 400 feet.
For those flying drones for commercial purposes, such as a professional photographer, nothing will change, Barrow said.
The council also added a section outlawing the use of drones with weapons attached.
Councilmember David Lesser asked about if someone wanted to photograph the Manhattan Beach fireworks.
Barrow said that was already illegal under the FAA’s rules.
He also said that staff had reached out to the FAA to get their input on the law, but hadn’t heard back.
Lesser asked if the council’s action was premature. Barrow said there was still a chance for the FAA to reach out before the second reading of the ordinance, which is currently scheduled for Feb. 2.
“The regulations are entirely consistent with the FAA,” he added. ER
