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HomeMy WebLinkAbout2021-06-14 21-235 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 21-235 JUNE 14, 2021 CITY OF BANGOR, ME POLICY GUIDELINES FOR USE OF UNMANNED AERIAL SYSTEMS (UAS) 1. Purpose 1.1. With the rapid pace of technology change, unmanned aerial systems (UAS) have quickly become a beneficial and easy to use tool. UAS have been identified as a potential way for the city to save time and money. This UAS policy is intended to help employees, elected officials, volunteers, and anyone working on the City's behalf, understand and safely perform aerial missions for City authorized activities. It is also intended to protect the privacy of the citizens within the City. An "unmanned aerial system" is made up of an unmanned aircraft vehicle, a ground control unit, and a communications unit. UAS can be flown manually or autonomously, under the supervision of the pilot in command. Unmanned aerial systems are also commonly known as drones and Unmanned Aerial Vehicles (UAV). 2. UAS Requirements 2.1. Specifications 2.1.1. UAS must be compliant with all FAA part 107 regulations 2.1.2. UAS must be less than 55 lbs. 2.1.3. Each UAS must have a fully functioning global positioning system (GPS) onboard 2.1.4. The software and firmware used to operate the UAS must be up to date before any aerial mission is attempted. 2.1.5. Only UAS owned by the City may be used. Personally owned UAS may not be used for City purposes under any circumstances. 2.1.6. All UAS purchases are to be approved by the Director of Information Services. 2.1.7. All UAS must be registered with the FAA. Registration must be kept current. All registration records must be filed with Safety and Environmental Management. 2.1.8. All UAS usage by law enforcement shall comply with Maine State Statute, Title 25, Part 12, Chapter 551, Section 4501, titled "Regulation of unmanned aerial vehicles" 3. Safety and Operation 3.1. UAS must be operated in a safe manner. Any City UAS should not be operated in a way that causes personal injury or property damage. 3.2. UAS that lose GPS signals must be set to remain in place. Additionally, UAS that lose signals to their remote operator or when low power is detected, should be set to return to a home/origin point. 3.2.1. This home/origin point must be set prior to the mission, and must be set to the point of departure. 3.2.2. A "drop zone" should also be established prior to flight. This is a location that the UAS can be "dropped" if the return to home or other emergency return measures are not functioning properly. This site should be in an area to avoid damage to buildings, people or property. This is often over water, an open section of parking lot or in trees. Each location will have to be assessed separately. 3.3. UAS may only operate over the authorized projects area of interest. 3.4. Signage notifying the public that a UAS flight is occurring, must be displayed on site from takeoff to landing. 3.5. A flight plan must be given to the Public Information Coordinator at least 24 hours prior to flight. Once a flight plan is filed, the Public Information Coordinator will post the flight intent to the UAS section of the City's website. 3.5.1. In an emergency use situation, this requirement can be bypassed, and the flight plan can be filed afterwards. 3.6. A preflight inspection must be performed and documented by the remote pilot in command to ensure the UAS is in proper working order. 3.7. Flight logs must be maintained for all flights. 21-235 JUNE 14. 2021 3.8. If a UAS operation results in at least serious injury, loss of consciousness, or property damage of at least $500, it must be reported to Safety and Environmental Management within 24 hours of the incident. The remote pilot in command also needs to file a report with the FAA. An electronic report can be filed at Ian:t:.12.: / :.:f: .::.g.gy./.U... • 3.8.1. It should be noted that if Part 107 rules and regulations are not followed, and the operator is found to be at fault, not only can the City be fined and punished, but the individual can as well. 3.9. The remote pilot in command must wear a safety vest that states they are a licensed UAS pilot. 3.10. While not required, it is encouraged that departments have a minimum of two people on each UAS flight. One person acting as a remote pilot in command, and a second as a visual observer. 3.11. If a UAS is lost during flight (fly away), every effort should be made to locate the UAS. The loss needs to be reported to the Safety and Environmental Management department immediately, and the flight logs need to be reviewed to determine the cause. 4. Privacy 4.1. During UAS operations the PIC shall make every effort to avoid flying over properties not related to the intended target or project area. 4.2. A best effort must be made not to collect individually identifiable information outside the project area or scope (people's faces, license plates, etc.). If such information is accidently collected, it shall be permanently discarded or edited in a way to make that information non -identifiable. All edits must be performed on the raw data so that they carry through to the end products. 5. Data Security 5.1. Departments are encouraged to live stream video when applicable, rather than storing data. 5.2. Departments are advised not to maintain archives of raw, unprocessed UAS data once the business purpose is accomplished. 5.3. Departments must restrict access to any raw UAS footage it retains to authorized staff. 5.4. Distribution of raw UAS data is restricted to authorized departments for the purpose of cleansing and processing data only. In all other circumstances, the City may not exchange raw, unprocessed UAS collected data between departments or disclose such data to the public except for exigent public safety needs or as required by law 5.5. All final processed data may be made available to the public by request. 6. FAA Requirements and Prohibited Zones 6.1. All UAS operators must obtain and maintain a remote pilot part 107 certification from the FAA. The certificate number and expiration date must be filed with Safety and Environmental Management. 6.2. UAS operators must comply with all FAA part 107 rules and regulations. 6.2.1. A summary of some of the Part 107 rules and regulations are below. A full set of Part 107 rules can be found on the FAA's website 6.2.1.1. UAS will not be operated directly over people unless they are active participants in the operation. 6.2.1.2. UAS will only be operated during daylight hours. If the UAS is equipped with anti -collision lighting, it can be flown until civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) 6.2.1.3. UAS will only be operated within line of sight of the remote pilot in command and/or a visual observer. 6.2.1.4. UAS must yield right of way to all other aircraft 6.2.1.5. UAS may not exceed 100 mph groundspeed 6.2.1.6. There must be a minimum weather visibility of 3 miles or greater from the control station 6.2.1.7. Bangor resides completely within class C airspace and therefore requires air traffic control (ATC) to approve all plans prior to the flight. The LAANC (low altitude authorization and notification capability) system can be used for automated real time approval requests. The 21-235 JUNE 14. 2021 LAANC system is available on the UAS's tablet. Maximum flight height is determined by the ATC approval system and must be abided by. 6.2.1.8. You may only operate one UAS at a time. 6.2.1.9. No operating from a moving vehicle or aircraft 6.2.1.10. No careless or reckless operation 6.2.1.11. No carrying hazardous materials 6.2.1.12. Requires a documented preflight inspection by the remote pilot in command 7. Acceptable Uses 7.1. Departments must have an authorized purpose to collect information using a UAS, or use UAS collected information 7.1.1. Authorized uses are listed in the table below. 7.1.2. Additional authorized uses may also be approved by Safety and Environmental Management. Authorized Use Case Description Public Asset management for all topographic mapping projects, provision of base imagery for topographic data collection, creation of supplemental Digital Surveying and Mapping Elevation Models, support of field work, review of as -built plans, and inspection of inaccessible or hazardous locations. Aerial photography & surveys Inspection of project sites for contract and environmental compliance. Airport Construction Management infrastructure & construction inspections Disaster Response &Recovery Inspection and initial damage assessment during and after a natural disaster, or other emergency event affecting City of Bangor infrastructure or assets Environmental Monitoring & Inspection of vegetation type and health, flora and fauna type and health, Documentation spills and leaks, erosion, street tree condition, wildlife monitoring, streams Surveys and assessments of City of Bangor properties and assets including Security Patrols/Inspections bridges, building exteriors and facades, rooftops, or assets located in difficult to reach areas, solar panels and roof mounted AC units. Airport surveillance (security, wildlife control, aircraft maintenance). Search and Rescue Aerial search and rescue reconnaissance Training Assessment and evaluation of emergency response operations Police staff rapid response to emergencies. Airport — emergency response & Emergency Response situational awareness. Crime Documentation Crime scene documentation Reconstruction Crash scene reconstruction Marketing and Public Outreach Capture of video and still images of City of Bangor infrastructure and facilities to produce media for education and outreach purposes. 8. Prohibited Uses 8.1. The UAS shall not be used for the following: 8.1.1. To conduct random surveillance activities 21-235 JUNE 14. 2021 8.1.2. To target a person based solely on individual characteristics, such as, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation 8.1.3. To harass, intimidate or discriminate against any individual or group 8.1.4. To conduct personal business of any type 8.1.5. Any use that is not classified as an "authorized use' is prohibited. If a use case is questioned, Safety and Environmental Management should be consulted. 9. Contractors 9.1. If entering into a contract with a third party to operate UAS's, the contract should consider including the following requirements: 9.1.1. The department shall require the contractor to comply with the department's approved UAS policy which shall be attached to the contract and incorporated by reference. 9.1.2. Ownership and handling of UAS footage - "City Data" includes without limitation all data collected, used, maintained, processed, stored, or generated by or on behalf of the City, including as the result of the use of the services provided by a contractor. The City retains ownership and rights to City Data, including derivative works made from City Data and the licensing applied to the data. Contractors must treat City Data using the same Privacy and Data Security requirements that apply to City of Bangor, ME employees. 9.1.3. Unauthorized use prohibited - Engaging in the unauthorized use of UAS or activities that are inconsistent with this Policy may be grounds for termination of the relevant contract, as well as applicable monetary fines and penalties. 9.1.4. Data Security — Contractors must identify the application used to remove personal identifiable information that may have incidentally collected during an authorized flight. 9.1.5. Insurance required — Contractor UAS operators must provide proof of liability insurance commensurate with current City of Bangor, ME insurance requirements for contractors. 9.1.6. Use Agreement Language - If a UAS is used for any purpose under this policy either directly by the Contractor or by a subcontractor to the Contractor, the Contractor shall ensure that such activity is covered by Unmanned Aircraft Systems insurance with a minimum limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. At the time of execution of the contract, the Contractor will furnish a certificate of insurance that names the City of Bangor as an additionally insured. IN CITY COUNCIL JUNE 14,2021 CO 21-235 Motion made and seconded for Passage. Passed CItlt CLE