Drone regulation on table

ATHERTON — In a town where privacy is protected by towering old oaks, redwood trees and wide and deep residence setbacks, the issue of camera-carrying drones is receiving plenty of attention by the City Council.

“We are gathering information,” Councilman Michael Lempres said last week. “Privacy needs to be safeguarded.”

Safety is less of an issue, he said. “I understand it could be a problem if drones were hitting people in the head or going through windows,” he said. “But otherwise I am not sure safety is an issue.”

What city staff has been instructed to do is research what jurisdiction the town might have regarding drones, then make suggestions for possible action.

“I don’t want to see us caught up in drones, where we act like it’s not a violation of law to look in someone’s bathroom window while taking a shower,” Lempres said. “That’s already a violation of the law.”

Lempres said the goal is to respect privacy, while allowing legitimate uses, such as at “schools, where we have kids doing things with drones for research.”

A memo to the council from City Manager George Rodericks and City Attorney Bill Connors said the Federal Aviation Administration has primary authority over any rules regarding operation and ownership of what it calls “small, unmanned aircraft systems” (SUAS).

“However,” said the memo, “there may be some room for local government to place additional restrictions on recreational use of SUAS in order to expand safety and privacy protection.”

The staff added that it would be difficult to require registration of drones, or prohibit their use in Atherton. Existing FAA rules restrict drone use.

“The person actually flying the drone must be at least 16 years old, have a remote pilot certificate with a SUAS rating or be directly supervised by someone with such a certificate,” said the staff memo.

FAA rules also allow state and local authorities to enact privacy-related laws specific to SUAS operations. The town set up an online forum to get residents’ comments at www. ci.atherton.ca.us.

One comment on July 16 offered a solution: “If one flies over my backyard, I’ll get out my shotgun and make it go away.”