In the absence of state or federal laws, localities around the United States are proceeding to put unmanned aerial vehicles in our skies as they see fit. The federal government has authorized the flight of 30,000 drones, and the use of drones up to 400 feet by police departments, at least 300 of which already have surveillance drones in operation.
Concerns include the following: drones can crash into airplanes, buildings, and each other; drones can fall out of the sky; drones can produce noise pollution; drones can produce visual pollution if put to the same use that everything from brick walls to urinals has been put to, viz. advertising; drones can be used to spy on us whether by private or public entities; police surveillance with drones will violate our Fourth Amendment rights as all existing technologies are currently used to do; police forces that view the public as their enemy will deploy drones armed with rubber bullets, tear gas, or other weapons; and ultimately a program run by the U.S. military and the CIA that has targeted and murdered three U.S. citizens that we know of, along with thousands of other men, women, and children, may eventually find it acceptable to include U.S. soil in its otherwise unlimited field of operations.
Contrary concerns over banning or restricting drones include these: drones could conceivably be put to positive or non-offensive use by departments fighting forest fires, first responders in rural areas, farmers, artistic photographers, real estate agents, tourism offices, and hobbyists; states and localities are limited in their control of air space by federal law.
Few if any localities have thus far made their desires known or created ordinances to regulate the use of drones, but state legislatures, including the General Assembly here in Virginia, are taking up bills. With the City of Charlottesville, where I live, planning to address the issue on February 19th, I’ve taken a look at (and plagiarized liberally from) numerous draft resolutions, including those from several cities that are now considering taking action: Berkeley, Buffalo, Madison, Ft. Wayne, et alia, as well as a draft resolution from anti-drone activist Nick Mottern, and one from the Rutherford Institute. The result is the following draft resolution that I offer for consideration, comment, and modification: