WESTWOOD, N.J.—An incident with a drone earlier this year put the increasingly popular aerial surveillance tools on the Borough Council’s radar.
Hoping to address safety and privacy concerns raised in a local incident involving a child, the council introduced an ordinance by unanimous vote on Oct. 20 to regulate small unmanned aerial vehicles in airspace below 400 feet.
That airspace is unregulated by the Federal Aviation Administration. The ordinance does not prohibit the authorized and lawful operation and use of small unmanned aircraft for commercial, business, educational, scientific, research, environmental, and personal purposes “pursuant to and in accordance with applicable regulations.”
The measure is scheduled for a public hearing Nov. 24.
According to Councilwoman Jodi Murphy, “A child was playing in her yard when the drone appeared over her head. As she got up and ran to the front yard the drone followed her. It turned out to be [piloted by] a Realtor who was trying to capture a neighboring property.”
Police Chief Michael Pontillo told Pascack Press on Oct. 28, “This ordinance will be enforced by the police department. We can use laser range finding equipment to determine the height of a drone should that become necessary. The aim here is not to punish someone who inadvertently violates the ordinance, but to educate them about the local rules regarding the use of drones.”
He added, “With the increased use of drones, there is a safety concern for drones that malfunction. Oftentimes, these are used in or around parks which are occupied. This is a good first step to ensure safety and privacy.”
Over the past decade, drones have become more popular, and are increasingly being utilized by real estate agents, roofers, landscape designers, and other businesses that can benefit from aerial views, Murphy said.
The measure was introduced by Councilwoman Erin Collins and seconded by Murphy, both Democrats. Murphy told Pascack Press, “We are not trying to hamstring businesses; we are protecting our residents.”
She said the ordinance will protect residents from unwanted surveillance from a drone being flown locally without permission.
“With proper notification and consent from property owners, the drones may be used over private property,” she added.
The ordinance regulates small unmanned aircraft below 400 feet in Westwood when flying over private property without the permission of the private property owner; over any street; over any Westwood public building, without the permission of the mayor and council; and between dusk and dawn.
It also restricts flights “over any persons not directly participating in the operation of the aircraft, or where there are persons not directly participating in the operation of the aircraft located within 100 feet of the perimeter of the area over which the aircraft is being operated.”
The ordinance says, “All other uses of public property shall have priority over use of public property for the operation of small unmanned aircraft.”
According to Borough Clerk Karen Hughes, the Federal Aviation Administration regulates drones above 400 feet, leaving municipalities free to adopt regulations affecting flights at altitudes below.