NJ Law Restricting Drones will have to be Rewritten

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The town of Garfield, New Jersey has introduced new regulations related to hobbyist drone operation—or better yet, the non-operation of drones above residences other than your own, commercial zones, roadways, government or public buildings and specific property and parks that the city designates. Hobbyist drone operators may only fly their drones over their own residences. Exceptions for emergency personnel and non-profits, as well as for scientific research and sporting events, as well as private company owners within their own borders, are permitted. Generally, this new ordinance states that drones are “prohibited from flying in any airspace below 400 feet within the city.” This new law would also require drone operators to register with the city clerk annually, with a registration fee of $70. A list of registered operators will be given to the police department, building department and fire prevention bureau. Those departments would also enforce this new regulation. However, only a week after its introduction, this drone ordinance will have to be go back to the city attorney for revisions and approval by the council since the new code goes against Federal Aviation Administration (FAA) regulations. FAA regulations state the opposite, and actually limit flying height to 400 feet. The only time the a drone can go above 400 feet, according to the FAA, is when a structure is in the way of the flight path and is more than 400 feet in height. Garfield’s Mayor, Richard Rigoglioso, said he thought he was voting on an ordinance that set guidelines at below 400 feet. He said the “above” wordage and the council’s approval were a mistake. While this ordinance will go back before the council and undoubtedly be revised, all of the other restrictions will likely remain the same, adding yet another local ordinance to the list of laws that drone operators must keep up with and comply.

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