Unmanned Aircraft is defined by the ordinance as an “aircraft that is operated remotely without any means of physical attachment to the aircraft such as string or wire or autonomously through the use of an on-board computer and either weighs over 0.55 pounds or weighs less than 0.55 pounds but has a camera, viewing device, or listening device attached thereto.”

If the aircraft is less than 0.55 pounds and without a camera, viewing device or listening device, then the aircraft is not subject to the ordinance.

The unanimous decision by the council followed a public hearing and council deliberations over the implementation of the ordinance. As technology advances in the field of unmanned aircrafts, specifically drones being used for commercial or business purposes, council sought to regulate their usage within the city.

The newly adopted ordinance has seven prohibitions for a person - defined as “any individual, firm, corporation, LLC, partnership, association or business entity of any sort” - to follow when operating an unmanned aircraft.

The seven prohibitions can be broken down into two categories. Prohibitions on all types of unmanned aircraft and prohibitions on noncommercial aircraft.

Prohibitions on the operation of all unmanned aircraft include flying the aircraft in a way that puts the safety of people and property in danger, using the aircraft to observe or record the activities of someone in a private area - such as their home, in a building - or in a place above ground level in public or private property, fly the aircraft with intent to harass a person or animal or fly the aircraft in way that would obstruct a police or fire department investigation.

Prohibitions on the operation on non-commercial unmanned aircraft include flying it within 500 feet of a police or fire investigation, traffic accident, medical emergency or fire. The unmanned aircraft will also not be allowed in or over a city park, city owned land, city owned buildings, without the permission of the city manager or park rules. Lastly, any noncommercial unmanned aircraft cannot be flown over a person’s property without first obtaining the permission of the property owner.

Exceptions to the ordinance were also laid out for police, law enforcement agencies and government agencies. Police and law enforcement agencies will be allowed to use unmanned aircraft as well as government agencies and people assisting in government functions.

The public hearing did bring forth one objection from a member of the community who was represented at the hearing by Konrad Hittner. The community member, who was not named, expressed concern about whether or not the ordinance would affect the use of model airplanes and unmanned aircrafts for educational uses at schools.

“There didn’t seem to be any exceptions for recreational use in any designated portion of city parks,” Kittner said on behalf of the unnamed community member. “Lastly there needed to be some exception for us of these devices on school grounds for educational purposes.”

Tom Yeadon, East Lansing City Attorney, stated that it was correct there was no distinction made in the ordinance between unmanned aircraft and model planes but permission from the city manager or a change to the definition of unmanned aircraft to exclude model planes would allow for park use.

“There is no specific exceptions for school grounds although school grounds aren’t prohibited necessarily so it would be school officials who would make that determination,” Yeadon said.

Councilmember Erik Altmann proposed changing the park rules as a way of not changing the wording of the ordinance and added the city would need to take a look at which parks would be sufficient for use of drones. His statement was agreed upon by council.

“That’s something we can refer to the Parks Commission for recommendation on which parks have sufficient open space that would be conducive to that,” city manager George Lahanas said of Altmann’s suggestion.

Recommendations by the parks commission would then be voted on by council at a later meeting.

Though MSU resides in East Lansing, drones flown on campus are subject MSU ordinances and do not fall under the jurisdiction of East Lansing ordinances.