| 1 | | - | Amended IN Assembly April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member DixonFebruary 05, 2025 An act to add Section 53069.65 to the Government Code, 1708.83 to the Civil Code, relating to local government. civil law.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Dixon. Local agencies: civil penalty for impeding Impeding emergency response with drone.Existing law makes it a crime for a person who operates or uses to operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon prohibit a personwho operates or uses from operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief, or reasonable attorneys fees and costs, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 53069.65 is added to the Government Code, to read:53069.65.SECTION 1. Section 1708.83 is added to the Civil Code, to read:1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member DixonFebruary 05, 2025 An act to add Section 53069.65 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 426, as introduced, Dixon. Local agencies: civil penalty for impeding emergency response with drone.Existing law makes it a crime for a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53069.65 is added to the Government Code, to read:53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 3 | | - | Amended IN Assembly April 02, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member DixonFebruary 05, 2025 An act to add Section 53069.65 to the Government Code, 1708.83 to the Civil Code, relating to local government. civil law.LEGISLATIVE COUNSEL'S DIGESTAB 426, as amended, Dixon. Local agencies: civil penalty for impeding Impeding emergency response with drone.Existing law makes it a crime for a person who operates or uses to operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon prohibit a personwho operates or uses from operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief, or reasonable attorneys fees and costs, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 426Introduced by Assembly Member DixonFebruary 05, 2025 An act to add Section 53069.65 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 426, as introduced, Dixon. Local agencies: civil penalty for impeding emergency response with drone.Existing law makes it a crime for a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 28 | | - | Existing law makes it a crime for a person who operates or uses to operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon prohibit a personwho operates or uses from operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief, or reasonable attorneys fees and costs, as specified. |
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| 28 | + | Existing law makes it a crime for a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified.This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. |
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| 30 | | - | Existing law makes it a crime for a person who operates or uses to operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes impede the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. Existing law imposes liability for physical invasion of privacy on a person if the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any image or recording of the other person engaging in a private activity and the invasion occurs in a manner that is offensive to a reasonable person. |
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| 30 | + | Existing law makes it a crime for a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency for the purpose of viewing the scene or emergency or military personnel, and thereby impedes the emergency or military personnel, in the performance of their duties in coping with the emergency. Existing law excuses a local public entity or public employee from liability for damage to an unmanned aircraft or unmanned aircraft system, if the damage was caused while the local public entity or public employee of a local public entity was providing, and the unmanned aircraft or unmanned aircraft system was interfering with, the operation, support, or enabling of any emergency service, as specified. |
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| 32 | | - | This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon prohibit a personwho operates or uses from operating or using an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impeding firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. The bill would authorize the Attorney General or a county counsel or city attorney to bring civil action to enforce the prohibition and authorize a prevailing plaintiff to recover civil penalties, injunctive relief, or reasonable attorneys fees and costs, as specified. |
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| 32 | + | This bill would authorize a local agency to impose a civil penalty not exceeding $75,000 upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties, unless the person has a federal operational waiver, as specified. |
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| 38 | | - | The people of the State of California do enact as follows:SECTION 1.Section 53069.65 is added to the Government Code, to read:53069.65.SECTION 1. Section 1708.83 is added to the Civil Code, to read:1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 53069.65 is added to the Government Code, to read:53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 44 | + | SECTION 1. Section 53069.65 is added to the Government Code, to read:53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 45 | + | |
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| 46 | + | SECTION 1. Section 53069.65 is added to the Government Code, to read: |
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| 47 | + | |
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| 48 | + | ### SECTION 1. |
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| 49 | + | |
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| 50 | + | 53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 51 | + | |
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| 52 | + | 53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 53 | + | |
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| 54 | + | 53069.65. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a person who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 48 | | - | SECTION 1. Section 1708.83 is added to the Civil Code, to read:1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 49 | | - | |
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| 50 | | - | SECTION 1. Section 1708.83 is added to the Civil Code, to read: |
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| 51 | | - | |
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| 52 | | - | ### SECTION 1. |
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| 53 | | - | |
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| 54 | | - | 1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 55 | | - | |
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| 56 | | - | 1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 57 | | - | |
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| 58 | | - | 1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties.(b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction:(1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation.(2) Injunctive relief.(3) Reasonable attorneys fees and costs.(b)(c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 59 | | - | |
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| 60 | | - | |
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| 61 | | - | |
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| 62 | | - | 1708.83. (a) Except as specified in subdivision (b), a local agency, as defined in Section 54951, may impose a civil penalty not exceeding seventy-five thousand dollars ($75,000) upon a A person who operates or uses shall not operate or use an unmanned aerial vehicle, remote piloted aircraft, or drone at the scene of an emergency and thereby impedes impede firefighters, peace officers, medical personnel, military personnel, or other emergency personnel in the performance of their fire suppression, law enforcement, or emergency response duties. |
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| 63 | | - | |
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| 64 | | - | (b) The Attorney General or a county counsel or city attorney may bring a civil action to enforce subdivision (a). The prevailing plaintiff in an action may recover any of the following in any court of competent jurisdiction: |
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| 65 | | - | |
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| 66 | | - | (1) A civil penalty not exceeding seventy-five thousand dollars ($75,000) for each violation. |
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| 67 | | - | |
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| 68 | | - | (2) Injunctive relief. |
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| 69 | | - | |
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| 70 | | - | (3) Reasonable attorneys fees and costs. |
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| 71 | | - | |
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| 72 | | - | (b) |
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| 73 | | - | |
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| 74 | | - | |
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| 75 | | - | |
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| 76 | | - | (c) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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| 60 | + | (b) Subdivision (a) shall not apply to a person who has been granted a Part 107 Operational Waiver issued by the Federal Aviation Administration pursuant to Section 107.200 of the Code of Federal Regulations. |
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