Language recommended by ordinance committee June 28, 2016, amended August 9, 2016

Proposed Drone (UAS) Ordinance

City of Holyoke
In City Council,
Section 1 - Purpose
The City of Holyoke recognizes that unmanned aircraft and unmanned aircraft systems,
commonly referred to as drones, are increasingly being flown by citizens for a variety of both
recreational and business purposes. The City of Holyoke further recognizes that model aircraft
used for recreational purposes are not currently subject to regulation by the FAA. Accordingly,
the City of Holyoke seeks to make sure that all drones are operated in such a manner so as to
protect the privacy and property interests of landowners and the City, while at the same time
complying with federal and state law requirements.
Section 2 -Definitions
As used in this ordinance:
a.
b.
c.
d.

e.

f.

g.

Aircraft shall be defined as any contrivance invented, used, or designed to

navigate, or fly in, the air.
Drone shall be defined collectively as any unmanned aircraft, unmanned
aircraft system, model aircraft, rotorcraft or similar device or aircraft.
Model Aircraft shall be defined pursuant to section 336 of Public Law 112-95.
Rotorcraft is defined as an aircraft whose support in the air is chiefly derived
from the vertical component of the force produced by rotating airfoils. See 702
CMR 2.01.
Unmanned Aircraft shall be defined as any unmanned aircraft or unmanned
aircraft system that is operated without the possibility of direct human
intervention from within or on the aircraft.
Unmanned aircraft system (UAS) shall be defined as an unmanned aircraft and
associated elements including communication links and the components that
control the unmanned aircraft that are required for the pilot in command to
operate safely and efficiently.
Visual line of sight shall be defined as (1) the aircraft must be visible at all
times to the operator; (2) the operator must use his or her own natural own natural
vision (which includes vision corrected by standard eyeglasses or contact lenses)
to observe the aircraft; (3) people other than the operator may not be used in lieu
of the operator for maintaining visual line of sight.

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.