Celina council sets drone limits

CELINA - The flight of unmanned aerial vehicles or drones will be largely banned in the city limits once legislation approved by city council members on Monday night goes into effect in 30 days.

The ordinance initially banned drones over city-owned property but on its final reading, councilman Jeff Larmore made a motion to amend the legislation to prohibit drone use anywhere in the city limits.

A citywide ban, Larmore said, would address issues of drones at the school system and over businesses.

"This kind of blankets all of them in there so that we're not trying to police all these areas," Larmore said.

The ban, councilman Mark Fleck added, would simplify policing.

The ammendment was approved 4 to 2, with councilmen Larmore, Eric Clausen, Fred LeJeune and Fleck in support and June Scott and Myron Buxton opposed. Councilman Bill Sell was absent.

Council members then voted the same way to approve the ordinance.

"We currently don't allow BB guns in the city limits; we don't allow firecrackers in the city limits. Personally, I don't think it's wise to allow drones over 3 ounces to fly in the city limits based on safety. That's my foresight. That's my concern," LeJeune said.

The ban, however, has exemptions.

Law enforcement personnel and government officials will be allowed to use drones for lawful purposes. Also, people can use drones weighing up to 3 ounces on his or her own property, which would allow the use of flying toys.

"In the interest of safety, I like the 3 ounce or less idea," LeJeune said. "Also this way the children can still have Christmas and get their little Christmas toys or very, very small drone-type items without it being an issue."

Furthermore, any individual 18 years or older or business wanting to use a drone can seek written permission from safety service director Tom Hitchcock. The process will include a criminal background check and fingerprinting. Hitchcock has sole discretion to grant or deny permission to fly a drone.

Violations could result in a minor misdemeanor carrying a possible $150 fine

The debate over drone use, prompted after officials learned a small drone last year was hovering over the Freedom Days festival, has divided council.

Over the course of several weeks, Larmore and LeJeune have advocated for a citywide ban, stating safety concerns, including the possibility of citizens being struck by falling drones or photographed or recorded for nefarious purposes.

Others, such as Scott, Buxton and council president Jason King, opposed a policy they believe overreached and would deprive citizens by limiting what they could do on their own property or with their own property.

Heated debate continued on Monday night.

"I think that's overboard," Scott said. "I do believe that we need an ordinance of some kind in this community for safety reasons, for the law enforcement reasons, but I just think we're going overboard."

King, too, opposed the ordinance.

"I just don't feel right about restricting people to their personal property," he said.

He believes the policy punishes good people such as Tom Saddler and Eric Nelson, members of the Celina Flying Sportsmen Club that operate remote-controlled aircraft.

Saddler and Nelson, who both attended the meeting, spoke out against a citywide ban.

Saddler said council's original proposal was a good compromise because it would have allowed citizens to use drones, regardless of weight, on their own property.

The initial impetus for regulations, Saddler said, was to protect citizens in public spaces from people who don't know how to operate drones properly.

But suddenly, he said, the ordinance mushroomed into something that is more cumbersome than necessary. Now children who fly model airplanes more than 3 ounces face arrest, he added.

"What if I hit a golf ball, hit my neighbor in the head?" he asked, wondering if council would then outlaw golf balls?

Nelson, too, said the original proposal was reasonable. The amended version, however, is just "silly," he said.

Nelson noted the Celina Flying Sportsmen have permission to fly aircraft at the Lutheran Church. But they won't be able to anymore without a permit from the safety service director.

Clausen said he believes the police department will take a common sense approach to enforcing the law and wouldn't bother others teaching their child how to fly a drone in their backyard.

"It's for the ruthless person that's buzzing the neighborhood, interrupting ... so we want to control that activity," he said. "So I think there's going to be some common sense level in this policing."

Police chief Tom Wale agreed, saying he will direct his officers to use common sense. If someone is using a drone, the officer would likely inform him or her of the city ordinance.

"If they continue to be an issue after that," officers would enforce the law, he said.

Enforcement will be complaint driven, he added.

Scott, however, voiced wariness about the potential for enforcement.

"But if it's a law, gentleman, it's a law," he said. "Bottom line, it's a law. You can use your discretion, but it's still the law."