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Kaydence

Beach Fanatic
Jan 19, 2017
1,415
1,124
Florida
Thank you FBB.

As long as people rebuke me and don't use their "Christian experience" to do it, I'm OK with that. Public discourse is good. Showing people why we need to vote the current government out, hopefully makes them think about the decisions they have made in the past by voting for the likes of C. Jones etc. but it can and will lead to positive change in my opinion....at least that is what I keep telling myself and have said for the last couple decades.

If nothing else, it annoys them to no end and that's always a plus for me. :p
 

Will B

Moderator
Jan 5, 2006
4,530
1,279
Atlanta, GA
Being a pilot and a heavy drone user with lots of photos on here, let me chime in.

I seriously doubt that the BCC could legally ban drones. They do not have any jurisdiction of anything in the air. That is FAA territory, and that has been upheld time and time again in the courts. Legally, they cannot impose rules that supersede rules covered by the FAA. FAA has jurisdiction in those cases.

The ordinance as written above..."No person operating, directing, or responsible for any airplane, seaplane, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land on the beaches or water bodies." does not cover drones unless they are trying to cover it under the guise of "aerial apparatus". Unless they specifically say "drones" it will be challenged if something comes of it. All that will happen is that people will launch from parking lots, streets, or driveways. Most of us don't launch from the beach, anyway, because of sand. Once the drone is in the air the BCC has no jurisdiction.

The FAA does not have strict rules in place for recreational drones. They have guidelines which are the exact same guidelines that cover remote control aircraft, but they are not laws. It starts getting tricky when you go beyond line of sight, fly within 5 miles of an airport, or fly aircraft over 55 pounds.

If you are using a drone for commercial purposes, it must be registered, the operator must have a remote pilot certificate, but again, if the drone is less than 55 pounds the rules are greatly reduced.

The FAA did start a drone registration program a while back (I'm registered), but it was far too late, and I believe it was suspended as a mandatory program. Numbers that can be found show that only a tiny fraction of drones got registered. The idea behind this was to have accountability on the operators part if there was an incident as the drone was supposed to be marked with the registration number. I believe that it is still out there, but it is voluntary.

Now...back to this. The original post said that drones were added to the definition of aircraft which is redundant seeing how the definition of aircraft covers it. The ordinance says "...any airplane, seaplane, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land on the beaches or water bodies."
It does not say aircraft. It says airplane. The definition of airplane is a fixed wing heavier than air aircraft that can sustain controlled flight. Drones are not fixed wing so they aren't covered, and they don't fit the definition of "helicopter". Again...it falls back on the ubiquitous "aerial apparatus".

Personally, I'm not worried about it. As long as my drone is 1/2" in the air there's nothing the BCC can do about it.
 
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Jimmy T

Beach Fanatic
Apr 6, 2015
866
1,235
Drones are obnoxious and annoying. They are an invasion of privacy, property, and peace.
 

Will B

Moderator
Jan 5, 2006
4,530
1,279
Atlanta, GA
Attached is the ordinance change that was approved on Jan. 8 in connection with drones/aircraft, adding drones to the definition of aircraft.

Thanks for that. It wasn't in the original post.

Again they have no jurisdiction of anything in the air. That's the FAA's territory.

I do have a question back. Does the BCC have the ability to pass laws? If so, it sets up the arguments that drones are not illegal in Walton county and whose law is the one that takes precedent. Im.just playing devils advocate at this point for the sake of discussion. On the surface it seems totally unenforceable.
 

Kaydence

Beach Fanatic
Jan 19, 2017
1,415
1,124
Florida
Thanks for that. It wasn't in the original post.

Again they have no jurisdiction of anything in the air. That's the FAA's territory.

I do have a question back. Does the BCC have the ability to pass laws? If so, it sets up the arguments that drones are not illegal in Walton county and whose law is the one that takes precedent. Im.just playing devils advocate at this point for the sake of discussion. On the surface it seems totally unenforceable.


State law supersedes any local law. Locally the laws can be less stringent or as stringent but can not be more stringent than state law.

I tend to agree with you about this being unenforceable because they have NO jurisdiction over airspace.
 

miznotebook

Beach Fanatic
Jul 8, 2009
962
603
Stone's throw from Inlet Bch
Thanks for that. It wasn't in the original post.

Again they have no jurisdiction of anything in the air. That's the FAA's territory.

I do have a question back. Does the BCC have the ability to pass laws? If so, it sets up the arguments that drones are not illegal in Walton county and whose law is the one that takes precedent. Im.just playing devils advocate at this point for the sake of discussion. On the surface it seems totally unenforceable.
They have the ability to pass ordinances. I'm guessing that there is a distinction between ordinance and laws. Not sure why anyone would have said that drones are illegal in Walton County, that certainly doesn't seem to be the case, and I'm not sure the commissioners would have the authority to make them illegal if they wanted to. The recent action about drones was in connection with revisions to the Beach Activities Ordinance. The article stated, and there was actually a statement at the meeting, something to the effect that the revisions would initiate regulation of drones. But I sat through all three-plus hours, and the only action taken was to add drones to the definition of aircraft in the Beach Activities Ordinance. That had the effect of restricting drones, along with other aircraft, from taking off from or landing "on the beaches," which may or may not be a good thing. Nothing was mentioned about air space or that drones could not fly over the beaches.
 
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Kaydence

Beach Fanatic
Jan 19, 2017
1,415
1,124
Florida
The article I cited was from the NWFL Daily News which simply said "drones will now be getting some regulation."

Again, I don't understand how they can regulate air space or even where they can take off from or land at, if that is guided by FAA rules.

Seems absolutely ridiculous to me the try and pass an ordinance that would prevent a drone of all things from being launched from the beaches yet allow 10 by 10 tents, gas grills and all those horrible beach chairs and umbrellas.

And maybe someone can tell me why the BCC wants to control all activity on the beaches but have no control when it comes to growth, infrastructure, traffic, the land development codes and comprehensive plan which most often are ignored and over population??

The word OVEReachhhhh still comes to mind.
 
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