The City of Lompoc is considering a drone ordinance following a citizen complaining about a camera-equipped drone invading his privacy . He indicated that, despite three calls to the police department, he was told nothing could be done because the City has no ordinance regulating drones, leaving the police with no ability to deal with this new technology.

The City is in the early stages of creating drone regulations, but it is not alone. Despite the FAA’s asserted preemption of the field of drone regulations, cities across California are moving to regulate their airspace. The City of Barstow, for example, prohibits drones from being operated within 50 feet of a public right-of-way or from flying over any private property where the owner has a reasonable expectation of privacy. The Barstow ordinance also allows for law enforcement use of drones only if: a.) a warrant is issued, b.) if the drone is being used in response to a life-threatening emergency or c.) where a warrant would not otherwise be required by law. The ordinance also exempts City-owned drones entirely. The City of Berkeley created a “No Drone Zone” to explicitly prohibit law enforcement use of drones. Daly City prohibited the use of any drones in any park or recreational area. Los Angeles passed an ordinance mirroring the proposed FAA rules. The City of Rancho Mirage banned drones from flying in any residentially zoned areas.

Meanwhile, the federal government is moving to preempt any state and local drone regulation. Various states, including California, have passed regulations that cover some aspects of unmanned aircraft systems. Local governments are now entering the fray, stepping forward to protect their interests in a perceived regulatory vacuum. Despite federal claims of preempting the field, local authorities perceive the need to protect local interests, including privacy, public safety and public spaces during large gatherings and special events. The FAA has proven to be ill-equipped to be the sole regulator governing drone flight over thousands of parks, parades, stadiums, and other special event locations and gatherings. Much of the existing federal regulation—including regulations to ensure safe operation of drones, requirements for registration of drones, and movement to protect commercial aircraft from crashing into drones—involves issues best settled at the national level. Yet some of the issues being addressed by local jurisdictions show that there are issues better handled at the state and local level. Only by working together among all levels of government can a regulatory framework that best serves the interests of all be developed. After years of waiting, these cities, among others, are taking action to protect their own interests.

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