Drones free to fly over Sebastian, but must follow State, Fed rules

After nearly two months of debate and discussion regarding whether or not the City of Sebastian could or should enact stricter rules on the use of drones, the City Council decided not to move forward.

Instead, the Council opted to follow State and Federal rules pertaining to drones and not create their own.

A couple of drone operators contested the proposed city rules, imploring the Council to let the state and FAA rules stand on their own.

“They’re asking you not to do this,” one operator said of the FAA, explaining that the Federal Aviation Administration has encouraged local municipalities to contact the agency prior to creating their own rules so as to not be in conflict with or create a patchwork of ordinances.

Vice Mayor Jerome Adams and Councilman Richard Gillmor continued to push for the local drone ordinance, citing concerns regarding privacy, safety, and noting that Police Chief Michelle Morris had encouraged such an ordinance.

Had the ordinance been approved, it would have imposed the following restrictions:

  • Drones can fly only on private property under permission of said property owner.
  • Drones cannot fly above 35 feet.
  • Photos and videos can only be taken on the private property with permission of property owner.
  • Drones cannot be equipped with weapons or laser devices.
  • Drone operators under the age of 12 must have parental supervision.
  • Drones must have identification and contact information for the owner

During the first reading of the proposed law in January, Councilwoman Andrea Coy sided with Gillmor and Adams. However, following that meeting, Coy continued to do research on the rules and laws already on the books pertaining to drones.

“I see potential abuse of drones,” Coy said, noting that “scrappy” neighbors could have issues.

She also noted that private property owners would not be allowed to take down another person’s drone even if it was over their own property. “That doesn’t thrill me.

“I want to protect people and children and property rights,” she said. “But I don’t want to over-protect it.”

Coy said that the happy medium, as she sees it, is following the state laws.

Mayor Bob McPartlan and Councilman Jim Hill had led the charge against the ordinance and held firm to their positions.

Hill said he felt the ordinance would “chip away at civil liberties.”

“I disagree very much with this law,” Hill said, explaining that the laws already on the books are enough to protect privacy and handle concerns.

By the end, the Sebastian ordinance failed with a vote of 2-3. No alternative vote was proffered and no discussion was had regarding amending the proposed ordinance.

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