Latest bid to regulate drones stalls

CELINA - To no avail, city council members on Monday night tried to hammer out a policy to regulate unmanned aerial vehicles or drones within Celina.

After more than an hour of bitter sparring and heated rhetoric, councilman Jeff Larmore sought to advance a proposed ordinance out of committee and onto the regular agenda. However, some of his colleagues were still unsettled on topics including the allowable weight limit of drones and the criteria for granting permits.

The monthslong debate - prompted by the flight of a small drone over the Freedom Days festival in 2014 - will continue as another committee hearing was set for 6 p.m. Dec. 28 on the second floor of the city administration building, before the next regular council meeting.

Council members in November repealed a recently enacted policy, which banned the use of drones in town, because of discrepancies between the ordinance and an attached exhibit about enforcement.

Though council members are divided over details, everyone seems to agree a policy is necessary to protect the public, especially as drone use is expected to surge with affordable models widely available.

They reviewed an updated policy on Monday night. As it stands, the policy would prohibit the drone flights in Celina except by law enforcement personnel and individuals, businesses and non-profit entities who obtain a permit from safety service director Tom Hitchcock and police chief Tom Wale.

Councilors are also considering a clause that would allow drone flights in a designated space in city parks and by people on their private property, both inside and outside of a building. They got stuck on the weight limit.

Larmore recommended a limit of up to 0.55 pounds based on FFA registration rules released Monday. The FAA announced a registration process for owners of drones weighing between 0.55 pounds and 55 pounds.

"The threshold is based on the potential impact a drone that size would have if it fell from the sky and struck a person or if it collided with a helicopter or plane - that's how the 25-member panel that was put together that made the recommendations to FAA," Larmore said.

Anyone wanting to use a drone over that limit would need a permit, Larmore said. The proposed process to obtain a permit also has been loosened up.

"Actually, I think it's harder for me to renew my dog's license than it is to get a permit for a drone," Larmore said. "No permit fee, by the way."

Council president Jason King said he thought the council's permitting process was for use over public property, not private property.

"There was never a permitting process about flying over your own property," King said. "I think we're starting to get this thing mixed up again."

"No, we're not. I'm perfectly clear on what I did when I amended it," Larmore responded. "I could not get comfortable with it because we were allowing anybody to fly on private property a 3-ounce drone all the way up to ... 55 pounds."

Celina Flying Sports Club Vice President Tom Saddler, who attended the meeting, opposed regulating drones over private property. Initially, council proposed allowing people to fly drones over private properties with the owner's permission, Saddler said.

"In five minutes (Larmore) was able to turn (the proposal) into (a) law that covered 5,000 homes in the city and he said that will make law enforcement easier," Saddler said about the recently repealed ordinance.

Larmore replied that he's looking out for residents' safety.

"I am against the metropolitan area just letting everybody fly whatever weight they want over somebody else's house," Larmore said.

Councilman Bill Sell agreed the city needs to set a weight limit for drone use on private property.

"I think probably everybody would say there's a certain limit that you can't fly even on your own personal property," he said.

King noted that nobody wants a 200-pound drone flying over his or her house, yet he also advocated for the rights of private property owners.

"Is there some kind of weight that seems somewhat reasonable?" he asked. "If I have to get a permit to fly a 1 pound drone on a large piece of property in town that I own, that's ridiculous to me still."

Councilman Fred LeJeune called for designating a "safe zone" in the parks for drone use and pushed for creating "reasonable ground rules" to protect all citizens, citing the "lethal" possibilities of falling drones.

"Most people in the next few years here in Celina, who live here, will not own a drone, so it's still our responsibility to protect the public who are innocent," LeJeune said. "We can't just say that anybody on their property can do whatever they want ...it does matter."

People who don't have drones have rights, too, he said.

"They shouldn't have to wake up to go to work and have a crashed drone in their windshield," he added.

Eric Nelson, a Celina Flying Sportsmen Club member, said he believes the city should set a weight limit.

"I'm not going to say it should be 8 ounces or a pound but I sure as hell don't want anybody flying a 50-pound drone over my house," he said.

Saddler questioned how the police department would enforce a weight requirement. To prevent discrimination, the police would have to check up on anyone using a drone, he said.

Wale said once officers start getting a feel for the drones, they would be able to estimate the weight and the department has a scale that can weigh drones.

"But you're going to be watching all 5,000 backyards?" Saddler asked.

Wale likened enforcing a drone law to enforcing speeding laws.

"We go where there's complaints and where there's problems. We can't cover every inch of road. We can't cover every square inch of someone's backyard," Wale said.

Scott, Sell and Myron Buxton all agreed that questions linger and don't think council should rush through a policy.

LeJeune, however, noted the public's patience is likely waning.

"I think that the public is getting a bit of compassion fatigue on this topic, so I think we need to do something sooner than later, whether it's winter or spring. So I think we need to move things along," he said.