ORDINANCE NUMBER _____

AN ORDINANCE OF THE TOWN OF PARADISE

VALLEY, ARIZONA AMENDING THE PARADISE
VALLEY TOWN CODE, CHAPTER 10, BY ADDING
ARTICLE 10-12, UNMANNED AIRCRAFT SYSTEMS
RESTRICTIONS AND EXCEPTIONS

BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN

OF PARADISE VALLEY, ARIZONA:
Section 1.
Chapter 10, Offenses, is hereby amended (with Article 10-12 added and
shown in bold type):
Article 10-12

10-12-1
10-12-2
10-12-3
10-12-4

UNMANNED AIRCRAFT SYSTEMS RESTRICTIONS

AND EXCEPTIONS
Purpose
Definitions
Restrictions/Exceptions
Penalty

Section 10-12-1 Purpose

The Town Council hereby recognizes that unmanned aircraft systems, also
known as drones, pose unique safety, nuisance, and privacy invasion risks;
thus regulation of the use of unmanned aircraft systems within the Town is
needed to promote the public safety and welfare of the Town and its
residents.
Section 10-12-2 Definitions
A. The following words, terms and phrases, when used in this article, have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
1. Unmanned Aircraft System means any remotely piloted vehicle,
remotely piloted aircraft, remotely operated aircraft, or drone, that is,
a powered aerial vehicle that does not carry a human operator. This
system does not include model flying airplanes used purely for sport
or recreational purposes.

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2. Law Enforcement Agency means a lawfully established federal,

state, or local public law enforcement agency that is responsible for
the prevention and detection of crime, local government code
enforcement, and the enforcement of penal, traffic, regulatory, game,
or controlled substance laws.
Section 10-12-3 Restrictions; exceptions
A. Prohibitions. Absent a validly issued single use permit or an exception, as
outlined below, no person, entity, or Law Enforcement Agency shall use
an Unmanned Aircraft System within the Town.
B. Single Event Limited Use Permits. The use of an Unmanned Aircraft
System that is otherwise prohibited within the Town may be allowed by a
single event limited use permit issued by the Town Police Department for
limited purposes and subject to any restrictions placed on the permit by
the Town Police Department, and in accordance with the following
procedures and limitations:
(1)
issuance of a single event limited use permit must first be made
prior to use of an Unmanned Aircraft System; and the failure to
obtain a permit shall be considered a violation of this article;
(2)
a completed application must be filed with the Paradise Valley
Police Department and payment of all permit processing fees (as
established by the Town pursuant to any adopted Master Fee
Schedule, as such may be modified from time to time) must be
made prior to the Police Department review of a single event
limited use permit application for a proposed use of an Unmanned
Aircraft System;
(3)
the application must identify a limited single event use that cannot
otherwise be met with other technological means such as aerial or
satellite photography or telemetry;
(4)
the single event limited use shall be for a limited period of time in
a single day, and shall be subject to additional or more restrictive
time limits or conditions than those proposed in the application,
said restrictions may be imposed by the Town Police Department,
at its sole discretion, so that the single event limited use permit is
narrowly tailored, respects privacy, and addresses potential safety
concerns or objections;
(5)
notice of the date and time of the single event specified in the
prospective permit must first be provided to the owners of all
property over which the Unmanned Aircraft System is requested
to fly over, and all other properties within 500 feet of those
properties, said notice to be on a form provided by the Town
Police Department with contact information for the Police
Department should those provided with such notice desire to
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(6)

(7)

object to the issuance of the permit or request conditions to be

made part of a permit;
objections by those who have been provided with notice, or
concerns by the Police Department over potential privacy
intrusions, concerns over safety, or complaints about nuisance
shall be considered by the Police Department when evaluating
whether to issue a permit or place conditions and limitations on a
permit; and
if it is determined by the Police Department that conditions
contained within a single event limited use permit have been
violated, the permit shall be considered revoked and the use of an
Unmanned Aircraft System after notice of a revocation in any
form of communication, including verbal, shall be a violation of
this Article.

C. Exceptions. The use of an Unmanned Aircraft System is prohibited

within the Town EXCEPT:
(1)
upon the issuance of a single event limited use permit, as provided
above and not in violation of the additional violations set forth in
subsection D below;
(2)
for recreational use of an Unmanned Aircraft System within ones
own property so long as such use is at a height of less than one
hundred feet (100) and not in violation of the additional violations
set forth in subsection D below; or
(3)
by a Law Enforcement Agency in response to an emergency
situation or after obtaining a warrant based upon probable cause
that criminal activity is occurring.
D. Additional Violations. In addition to those violations enumerated above,
the following are violations of this Article, even under an authorized use
pursuant to the prior issuance of a single event limited use permit or a
recreational use exception. No person or entity shall use a Unmanned
Aircraft System within the Town:
(1)
in a careless or reckless manner that is imminently dangerous to
persons or property on the land or water area beneath where the
Unmanned Aircraft System is flying; or
(2)
to record or transmit any visual image or audio recording of any
person or private real property located in the Town under
circumstances in which the subject person or owner of private
property has a reasonable expectation of privacy (including, but
not limited to, inside a private residence or office, and inside an
enclosed yard).
Section 10-12-4 Penalty

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Any person who shall violate any of the provisions of this Ordinance shall be guilty
of a Class 1 Misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed two thousand five hundred dollars ($2,500.00) or by imprisonment for
a period not to exceed six months or by both fine and imprisonment. Each day that
a violation continues shall be a separate offense punishable as described.
If any section, subsection, sentence, clause, phrase or portion of this
Section 2.
ordinance or any part of these amendments to the Town Code adopted herein by
reference is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
Section 3. This ordinance shall become effective in the manner provided by law.
PASSED AND ADOPTED by the Mayor and Council of the Town of Paradise Valley,
Arizona, this _____ day of ________________ 2015.
__________________________________
Michael Collins, Mayor
ATTEST:
_______________________________
Duncan Miller, Town Clerk
APPROVED AS TO FORM:
_________________________________
Andrew M. Miller, Town Attorney
CERTIFICATION
I, Duncan Miller, Town Clerk, certify that the foregoing is a true copy of Ordinance
Number _____ duly passed and adopted by affirmative vote of the Town Council of
Paradise Valley at a meeting held on the _____ of _____ 20__. Passage of this
Ordinance appears in the minutes of the meeting. The Ordinance has not been rescinded
or modified and is now in effect. I further certify that the municipal corporation is duly
organized and existing, and has the power to take the action called for by the Ordinance.
_________________________________
Duncan Miller, Town Clerk

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