LAGUNA BEACH — Drone operators will no longer be allowed to fly their remote-controlled aircraft over city parks near beaches or over city government buildings, beginning July 13.
Laguna Beach City Council members on Tuesday, May 23, unanimously approved an ordinance that they say strikes a balance between the rights of drone operators and the rights of the community to privacy and safety.
The ordinance prohibits the operation of a drone in a way that harasses or intimidates people whether they are on private or public property.
“This is a good start,” said Mayor Pro Tem Kelly Boyd. He, with Laguna Beach police Chief Laura Farinella, was part of a sub-committee to look into the ordinance. “We may need to make adjustments. The more people are doing it (flying drones), the worse it will get.”
In the new ordinance, drones cannot be operated over Heisler Park, Main Beach Park, the Irvine Bowl, Treasure Island Park, Crescent Bay Park or Bluebird Park during the summer concert series.
They also cannot be flown over City Hall, the lifeguard headquarters or over the police or fire department stations. They can also not hover over the city’s maintenance yard.
Drones are forbidden to interfere with emergency responders or impede a parade or motorcade, the ordinance states. Real estate agents and media photographers will be required to get permits before they can fly them, according to the ordinance.
When the ordinance goes into effect July 13, fines for a first violation will be $100, $200 for a second violation and $500 for a third.
“The ordinance allows for safe and responsible usage of drones within the city boundaries in most areas but prohibits drone usage in areas where risk to the public is greatest,” Farinella said, adding she has received many complaints in the past three years. Some have come in on 911 calls.
Drone use has exploded in the city in recent months.
Real estate agents use them to get bird’s-eye views of cliff-side homes, their interiors and the sweeping coastline. They are used by photographers during weddings on the beaches and for modeling shoots.
Filmmakers often use the drones’ panoramic views in commercials and other film footage along the beaches, cliffs and over the canyons.
The issue of drone use was brought up in a Grand Jury report in 2016, where they called for the county and each city to come up with local drone regulations by 2017.
The report found that almost all cities in the county reported having no plans to regulate drone use, either because officials saw it as a “non-issue” or because they were awaiting further state or federal legislation to solve problems of unsafe flying.
Huntington Beach, Laguna Niguel and Dana Point are working on ordinances. OC Parks also has an ordinance that applies to drones.
The Laguna Beach City Council first took up the issue March 7, following a barrage of complaints from residents to the city and police departments over drone harassment, including incidents where drones hit people, hovered near people who were undressed and disturbed animals. Farinella proposed the drone ordinance after receiving repeated complaints.
A sub-committee made up of Farinella, Boyd, three drone operators, a resident and a city attorney discussed the issue. The committee met twice and came up with the ordinance.
Joe Cockrell, a commercial pilot from Laguna, was part of the committee.
“From my perspective the legitimate commercial operators in Laguna voiced their concerns, and the City Council and Police Department listened to those concerns,” he said, following the meeting.
Resident Brad Allen told the council that drones hover near his house, which is close to Victoria Beach, daily.
“When I bought the house, it had privacy unless there was a helicopter hovering nearby,” he said. “I have an outdoor shower and drones hover close by. I’ve opened the curtains to my bedroom and there’s a drone 20 feet away. I think we are taking the right steps, I don’t know where this will go in the future.”
Drone-flying is still allowed over private property and over the ocean, but harassment of marine wildlife will not be tolerated, Farinella said.
Councilman Rob Zur Schmiede suggested the council revisit whether a person could disarm a drone that came within 20 feet of them.
“I agree; it’s self-defense,” said Councilman Steve Dicterow.
Did you know?
The Federal Aviation Administration requires that commercial operators obtain a pilot’s license and keep the drones in their sightlines. Drones are allowed to fly no higher than 400 feet off the ground during daylight hours.
