To Nevada County, County Counsel: Please make up the necessary Title and Summary of the Nevada County No Drone

Zone ordinance: The following is the text for the proposed ordinance which shall be known as Nevada County's "No Drone Zone" ordinance: Definitions: For purposes ofthis ordinance, a "drone" shall refer to an unmanned aerial vehicle carrying any sensory collection device, including but not limited to: cameras, thermal imaging software, recording equipment, or a device carrying any electronic blocking, eavesdropping or interception systems 1. It shall be unlawful for any person, business, corporation, or other non-governmental entity to operate a drone in Nevada County. If a person, business, corporation, or other non-governmental entity is identified to have flown a drone over the person or business or residence of another, or if the drone takes or captures a visual image, sound recording, or other physical impression of an individual, or of the business or residential property of another, they shall be liable for civil paya e to e In IVI ua W ose prIvacy was VlO ate In a ltion amages no ess an, to any damages actually sustained, plus attorney's fees and costs. In any legal action under this section it shall not be necessary to prove that an individual's privacy was in fact violated. An "invasion of privacy" per se shall be deemed to have occurred by the mere fact of a drone flying over the person or business or residential property of another. 2. It shall be unlawful for any governmental agency or law enforcement officer to operate a drone except under the following circumstances: 2(a) search and rescue over BLM or other wilderness areas; 2(b) fire detection and fire response over BLM or other wilderness areas (excluding state and national parks), or 2( c) pursuant to a valid search warrant based on probable cause of the imminent danger to life, specific as to time and location. A public protest or public gathering without more facts supporting imminent danger to life shall be insufficient to support the probable cause requirement for the use of a drone under warrant. In no case maya warrant under this law enforcement exception be granted for a period longer than 24 hours. Within ten (10) days of the execution of the search warrant the officer executing the warrant must serve a copy of the warrant upon the person or persons, and on the property, about which personal information was collected. Any person whose privacy rights were violated by government operation of a drone shall be entitled to prompt delivery (within seven (7) days of request under the Freedom of Information Act of any photographs, videos, sound recordings or other information and data collected by the drone. Unless preserved for a criminal prosecution, all information andlor data collected in violation of this ordinance shall be destroyed within thirty (30) days of procurement and shall not be stored by any means whatsoever. Any evidence obtained or collected in contravention of this ordinance shall be inadmissible in any criminal prosecution in any federal or state court of law. Page 1 of 2

2(d) Under no circumstances shall a drone be affixed with any weapon (e.g., missile) or with any crowd control device (e.g. rubber bullets, tear gas) 2(e) Under no circumstances maya drone be used to block, eavesdrop, or intercept electronic communications systems (e.g. telephone access, electricity, computers, internet, cell phones, etc.). 2(f) Under no circumstances maya government agency use a drone to enforce or to regulate compliance with the "no drone zone" ordinance, or with any other land use, or housing ordinance, or business practice except with a validly procured search warrant. 2(g) Any violation of this ordinance by a governmental officer, employee, agent, or by a governmental agency itself will result in disciplinary action to the individual(s) involved, and a civil fine to the agency(cies) involved. Disciplinary action shall be no less than two week's suspension from duty with loss of pay. The civil fine shall be no less than $10,000.00 for each 24 hour period the violation(s) occurred, plus attorneys fees and costs payable to any individual who prevails in establishing a violation under this ordinance in any administrative, arbitration or other judicial forum. The fine shall be payable to any individual or business or other entity (including non-profit organizations) whose privacy was violated in equal percentage values. The public shall be given no less than thirty (30) days advance written notice of the administrative actio earmg an may partICIpate m pro per or WIt ega counse m any suc proceeding.

Page 2 of 2

Sign up to vote on this title
UsefulNot useful