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With drones becoming more affordable and popular, concerns of public safety with their use has risen. Nearly 1.5 million drones and 160,000 remote pilots are registered with the FAA. Pilots can be as young as 13 years old.

Some municipalities have adopted drone ordinances to protect the public’s safety and peaceful enjoyment of parks. Most municipalities have no drone ordinance. Eventually, all will have to address the issue of drones flying at low altitudes over the public, as drone ownership increases.

A couple of weeks ago I wrote about two new ordinances that went to our Solicitor for review.

In one of those ordinances, drones, including any remotely controlled aircraft were added, placing them with model airplanes banned by the borough on public property since 1981.

Since 1981, the FAA has assumed a greater authority on airspace use, by remote controlled aircraft. The “airspace” under FAA jurisdiction has been a matter of contention with landowners.

The FAA has stated it has authority at any height above ground level, and courts have determined a landowner does not have rights to control all the airspace above their property without limitation. At least one court decision has determined a landowner’s airspace control extends only to the reasonable useful area above his land.

A two, or three story home with an antenna mounted on the roof, for example, would allow a home owner to claim trespass, should a drone descend toward the property below the highest point of the antenna.

Due to changes in the law following the popularity of remote controlled aircraft, a separate Drone Ordinance is needed, according to our Solicitor’s office. The issue of Drone use and restrictions is more involved than simply trying to define them as a “nuisance” in a Nuisance Ordinance.

West Easton can not restrict airspace within its boundaries, or the flight of drones, per state law. Airspace rules for these small remotely controlled aircraft are under the FAA’s jurisdiction. That means drones overflying the borough are legal, as long as they are registered with the FAA, the operator is licensed, and the operation of the drone doesn’t violate statutes in Pennsylvania law.

However, West Easton still has control on the use of its land. When it comes to the take off and landings of drones, West Easton can prohibit areas, as long as it isn’t a total ban on all borough owned property.

Courts have ruled against total bans, being of the opinion that if every municipality enforced a total ban, recreational users would be unfairly restricted from operating their drones, or aircraft from public land.

The new Drone Ordinance, to be considered by Council for advertising, will ban the take off and landings of remote controlled aircraft from our public parks, but will provide a safe and open area within the borough for drone owners to legally begin and end flights.

The proposed ordinance will be presented to Council on January 9th for the approval of advertising.