7/28/2019 Nevada County Drone Initiative - Title and Summary Request

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To Nevada County, County Counsel: Please make up the necessary Title and Summary of theNevada County No Drone Zone ordinance:The following is the text for the proposed ordinance which shall be known as

Nevada County's "No Drone Zone" ordinance:Definitions: For purposes ofthis ordinance, a "drone" shall refer to an unmanned aerial vehiclecarrying any sensory collection device, including but not limited to: cameras, thermal imagingsoftware, recording equipment, or a device carrying any electronic blocking, eavesdropping orinterception systems1. It shall be unlawful for any person, business, corporation, or other non-governmental entity tooperate a drone in Nevada County. If a person, business, corporation, or other non-governmentalentity is identified to have flown a drone over the person or business or residence of another, or ifthe drone takes or captures a visual image, sound recording, or other physical impression of anindividual, or of the business or residential property of another, they shall be liable for civilamages no ess an, paya e to e In IVI ua W ose prIvacy was VlO ate In a ltionto any damages actually sustained, plus attorney's fees and costs. In any legal action under thissection it shall not be necessary to prove that an individual's privacy was in fact violated. An"invasion of privacy" per se shall be deemed to have occurred by the mere fact of a drone flyingover the person or business or residential property of another.2. It shall be unlawful for any governmental agency or law enforcement officer to operate adrone except under the following circumstances:

2(a) search and rescue over BLM or other wilderness areas;2(b) fire detection and fire response over BLM or other wilderness areas (excluding state

and national parks), or2( c) pursuant to a valid search warrant based on probable cause of the imminent dangerto life, specific as to time and location. A public protest or public gathering without more factssupporting imminent danger to life shall be insufficient to support the probable causerequirement for the use of a drone under warrant. In no case maya warrant under this lawenforcement exception be granted for a period longer than 24 hours. Within ten (10) days of theexecution of the search warrant the officer executing the warrant must serve a copy of thewarrant upon the person or persons, and on the property, about which personal information wascollected. Any person whose privacy rights were violated by government operation of a droneshall be entitled to prompt delivery (within seven (7) days of request under the Freedom ofInformation Act of any photographs, videos, sound recordings or other information and datacollected by the drone. Unless preserved for a criminal prosecution, all information andlor datacollected in violation of this ordinance shall be destroyed within thirty (30) days of procurementand shall not be stored by any means whatsoever. Any evidence obtained or collected incontravention of this ordinance shall be inadmissible in any criminal prosecution in any federalor state court of law.

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7/28/2019 Nevada County Drone Initiative - Title and Summary Request

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2(d) Under no circumstances shall a drone be affixed with any weapon (e.g., missile) orwith any crowd control device (e.g. rubber bullets, tear gas)2(e) Under no circumstances maya drone be used to block, eavesdrop, or interceptelectronic communications systems (e.g. telephone access, electricity, computers, internet, cellphones, etc.).2(f) Under no circumstances maya government agency use a drone to enforce or toregulate compliance with the "no drone zone" ordinance, or with any other land use, or housingordinance, or business practice except with a validly procured search warrant.2(g) Any violation of this ordinance by a governmental officer, employee, agent, or by agovernmental agency itself will result in disciplinary action to the individual(s) involved, and acivil fine to the agency(cies) involved. Disciplinary action shall be no less than two week'ssuspension from duty with loss ofpay. The civil fine shall be no less than $10,000.00 for each24 hour period the violation(s) occurred, plus attorneys fees and costs payable to any individualwho prevails in establishing a violation under this ordinance in any administrative, arbitration orother judicial forum. The fine shall be payable to any individual or business or other entity(including non-profit organizations) whose privacy was violated in equal percentage values. Thepublic shall be given no less than thirty (30) days advance written notice of the administrativeactio earmg an may partICIpate m pro per or WIt ega counse m any sucproceeding.

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