City of Madison, Wisconsin | Legislative Information Center
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File #: 51819    Version: Name: Regulating the use of drones
Type: Ordinance Status: Passed
File created: 5/23/2018 In control: Attorney's Office/Approval Group
On agenda: 9/4/2018 Final action: 9/4/2018
Enactment date: 9/15/2018 Enactment #: ORD-18-00090
Title: SUBSTITUTE Creating Sections 25.18 and 25.17(10) and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the use of drones and establish a bond schedule for violations thereof.
Sponsors: Shiva Bidar, Marsha A. Rummel
Attachments: 1. Substitute body, 2. Version 1

Fiscal Note

The proposed ordinance change regulates the use of drones and establishes a bond schedule for violations, adopting provisions of state law. Any fiscal impact from this change is anticipated to be minimal. No appropriation is required.

Title

SUBSTITUTE Creating Sections 25.18 and 25.17(10) and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the use of drones and establish a bond schedule for violations thereof.

Body

This proposal adopts certain provisions of state law relating to the regulation of drones, and creates civil forfeitures for violations of the provisions.   This proposal prohibits the operation of a weaponized drone except by military personnel acting in their official capacity, based on Wis. Stat. § 941.292. It prohibits the use of a drone to photograph, record or otherwise observe a person in a location where the person has a reasonable expectation of privacy, except by a law enforcement officer authorized under Wis. Stat. § 175.55(2), and is based on Wis. Stat. §  942.10.

 

This proposal also adopts a provision of state law, Wis. Stat. § 114.04, which makes it unlawful to land a spacecraft or aircraft on the lands of another, without the person’s consent, and makes it unlawful to fly a spacecraft or aircraft so low as to interfere with the existing use of the lands or water, or flying a spacecraft or aircraft so to be imminently dangerous or damaging to persons or property lawfully on the lands or water beneath.

 

This substitute increases the maximum forfeiture for operating a weaponized drone from the proposed $2,000 to $4,000 and increases the proposed bail deposit for possessing a weaponized drone from $1,000 to $2,000.

 

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The Common Council of the City of Madison do hereby ordain as follows:

                     Please see "Substitute Body" in Attachments.