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HomeMy WebLinkAboutOrd 2016-09ORDINANCE 16-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE,CHAPTER 9,ARTICLE 9-4,SECTION 9-4-3,AND ADDING NEW SECTION 9-4-4 OPERATION OF MODEL AIRCRAFT OR UNMANNED AIRCRAFT IN TOWN PARKS,ALL RELATED TO REGULATING THE USE OF DRONES IN TOWN PARKS. WHEREAS,during its 2016 Legislative Session,the Arizona State Legislature enacted legislation regulating the use of model aircraft or unmanned aircraft in the State of Arizona, preempting municipalities from additional regulations of such aircraft and requiring that each municipality permit the takeoff or landing of a model aircraft or unmanned aircraft in at least one park or preserve owned by the municipality;and WHEREAS,Town Code Section 9-4-3 prohibits the use of gas powered model airplanes and incendiary model rockets in all Town parks;and WHEREAS,the Mayor and Council of the Town desires to amend the Town Code and modify the Park Rules to comply with State law and designate a park within the Town where the takeoff and landing of a model aircraft or unmanned aircraft is permitted pursuant to State law, NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.The recitals above are hereby incorporated as if fully set forth herein. SECTION 2.The Town of Fountain Hills Town Code,Chapter 9 (Parks and Recreation), Article 9-4 (Park Rules and Regulations),Section 9-4-3 (Rules and Regulations at Town Owned Parks)is hereby amended to read as follows: Section 9-4-3 Rules and Regulations at Town Owned Parks A. All persons who use Town owned parks shall obey the following rules while on park property. 11.Model aircraft or unmanned aircraft and incendiary rockets are prohibited, except as provided in Section 9-4-4. SECTION 3.The Town of Fountain Hills Town Code,Chapter 9 (Parks and Recreation), Article 9-4 (Park Rules and Regulations)is hereby amended by adding new Section 9-4-4 (Operation of Model Aircraft or Unmanned Aircraft)to read as follows: 2753258.5