Relates to unlawful use of a model aircraft; prohibits use of model aircraft in restricted areas, out of the user's line of sight, near stadiums or above 400 feet.
STATE OF NEW YORK
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8605--A
2015-2016 Regular Sessions
IN ASSEMBLY
December 2, 2015
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Introduced by M. of A. KOLB -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to unlawful use of a model
aircraft
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.00 of the penal law is amended by adding three
2 new subdivisions 7, 8 and 9 to read as follows:
3 7. "Model aircraft" means an unmanned aircraft, including drones,
4 weighing less than fifty-five pounds that is flown strictly for hobby or
5 recreational use.
6 8. "Restricted airspace" means any airspace within five miles of an
7 airport or a correctional facility as defined in section forty of the
8 correction law.
9 9. "Designated area" means an area of land designated by the adoption
10 of a local law by a city, town or village that allows for use of a model
11 aircraft.
12 § 2. The penal law is amended by adding a new section 240.80 to read
13 as follows:
14 § 240.80 Unlawful use of a model aircraft.
15 A person is guilty of unlawful use of a model aircraft when he or she
16 knowingly operates a model aircraft:
17 1. outside of a designated area where a municipality has adopted a
18 local law creating such an area or privately owned air space whose owner
19 has authorized such use; or
20 2. more than four hundred feet above ground level; or
21 3. without a visual line of sight of such aircraft; or
22 4. within a restricted airspace; or
23 5. near stadiums.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13124-03-5
A. 8605--A 2
1 Unlawful use of a model aircraft is a misdemeanor punishable by a
2 maximum fine of one thousand dollars and/or a sentence of imprisonment
3 up to ninety days.
4 § 3. This act shall take effect on the ninetieth day after it shall
5 have become a law.
