“My neighbor is using a

drone to harass my
livestock. What can I do to
make her stop?”
XYZ & PARTNERS
 LAW GOVERNING DRONES
FEDERAL:
◦ FAA Regulations
STATE:
◦ 41 states have enacted their own laws addressing Unmanned Aircraft System and 3 have
adopted resolutions

2
 FEDERAL: FAA REGULATIONS

Unmanned Aircraft Line of sight; not No reckless or

weighing less than operate over any careless
55 pounds person operations;

3
 SPECIAL RULE FOR MODEL AIRCRAFT
Section 336 defines a model aircraft as an unmanned aircraft that is:
1. Capable of sustained flight in the atmosphere
2. Flown within visual line - of - sight of the person operating the aircraft: Able to see it at all
times using only your natural vision not including goggles or binoculars
3. Flown for hobby or recreational purposes: Flying for fun or amusement
The rule codifies the FAA’s enforcement authority in part 101 by prohibiting model aircraft
operators from endangering the safety of the NAS.

4
 STATE: ORDINANCE
CITY OF EAST LANSING ORDINANCE NO.1369
AN ORDINANCE TO ADD SECTION 26-67 TO DIVISION 2 - DISORDERLY CONDUCT - OF CHAPTER
26 - OFFENSES - OF THE CODE OF THE CITY OF EAST LANSING TO REGULATE THE USE OF CERTAIN
UNMANNED AIRCRAFT.

5
NONCOMMERCIAL UNMANNED AIRCRAFT

PERSON

PROHIBITED ACTS

6
 PROHIBITED ACTS
 Endanger safety of any person or property
Purpose of harassing any person or animal
Operate over any other person’s property without the prior consent of the property owner.
EXCEPTIONS:
Police or other law enforcement agency
Governmental agency or approval from such an agency

7
CAN I SHOOT A DRONE?

8
Not always “Highway in
trespass the Sky”

“Immediate
Supreme Ct. reaches” &
1940 “Interferes
substantially”

9
 PENALTIES
The rules are designed with safety first in mind, and people who don’t follow proper practices or
federal regulations could be subject to fines by the FAA, revocation and/or suspension of remote
pilot certification, loss of flight privilege or confiscation of the drone.

Flying a drone in a reckless manner is a violation of Federal law and FAA regulations and could
result in civil fines or criminal action. If you see something that could endanger other aircraft or
people on the ground, call local law enforcement.

10
 DISORDERLY CONDUCT IS A FELONY
90 days in jail
Fines and costs
2 years in prison
Participation, not paying heed to warnings or conducting yourself in a disruptive manner can
cost your neighbor almost $10,000.

11
POTENTIAL CLAIMS

12
 WARNING!
Citizens and commercial entities may challenge local drone rules. A man in Newton,
Massachusetts, Michael Singer, is suing the city of Newton for its ordinance, which requires
drone operators to obtain a permit, and prohibits operations over private property, surveillance,
and interfering with emergency responders. Singer, who says that he uses his drone to
document illegal snow dumping by the city, contends that the ordinance impinges on his
“constitutionally protected” First Amendment right to conduct “information gathering.” Similar
suits are likely to emerge as more local authorities impose drone regulations. The town of Palm
Beach in Florida has had to revise its drone regulations limiting drone use in the town after
several drone operators pointed out that it impinged on FAA authority. The outcomes of these
suits will serve to better define the limits of local authority to implement regulations for drone
use.

13
 PROSECUTION UNDER LOCAL
ORDINANCES
Wisconsin: Violation of recently adopted town ordinance
The incident is the only known case of a drone user being prosecuted under a local drone
ordinance for a privacy violation. He was ordered to pay a $3,455 fine.

14
 RECOMMENDATIONS
File for injunctive relief
Best Bet: Challenge the action under the East Lansing Ordinance
File for relief citing a violation of FAA Regulations

15