Drone Ban in NYC Parks?

achoe · May 15, 2015

Hi,

I was flying my drone yesterday at Bryant Park last night, and a security guard came by to tell me that I have to land it. He told me I am not allowed to fly things in the park according to park rules. I asked him to show me the rule book, which had a section on prohibited uses that listed aviation. (Clause pasted and link provided below for details.) The rule applies to all parks managed by the New York City Department of Parks & Recreation, including Central Park. I never had this issue until yesterday and was curious if this rule actually applies to drones. The rule, quoted below, was probably aimed at manned vehicles, much larger in size, and lists airplane, balloon, parachute, hang glider. But it does say "any other aerial device", so drones / quadcopters could arguably be included as well. Does any of you have any legal / professional views or opinions?

Thanks

Source: http://www.nycgovparks.org/rules/section-1-04

§1-04 Prohibited Uses

e. Aviation

No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, balloon, parachute, hang glider, or other aerial device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. For the purposes of this subdivision (e), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.

dmelle · May 15, 2015

While they may have not intended drones when it was written, it seems to me that it is worded well enough for them to stop you and give you grief... Now, could you fight it? Maybe... but then you fall into this quote.. "You can beat the wrap, but you can't beat the ride." So I guess it would be up to you as to how much time you would want to invest arguing, but unfortunately, it will likely just be a big hassle for you at the end of the day...

This is all just my opinion of course.. I am not a legal eagle by any means..

Outta Control · May 15, 2015

achoe said:
... Does any of you have any legal / professional views or opinions?

Thanks...

Yes. welcome to California. Basically you're screwed. There is no wiggle room based on the wording they used. This is especially true since 9/11. New York City is a huge "nanny state" after Guiliani.

Quadpilot · May 15, 2015

achoe said:
Hi,

I was flying my drone yesterday at Bryant Park last night, and a security guard came by to tell me that I have to land it. He told me I am not allowed to fly things in the park according to park rules. I asked him to show me the rule book, which had a section on prohibited uses that listed aviation. (Clause pasted and link provided below for details.) The rule applies to all parks managed by the New York City Department of Parks & Recreation, including Central Park. I never had this issue until yesterday and was curious if this rule actually applies to drones. The rule, quoted below, was probably aimed at manned vehicles, much larger in size, and lists airplane, balloon, parachute, hang glider. But it does say "any other aerial device", so drones / quadcopters could arguably be included as well. Does any of you have any legal / professional views or opinions?

Thanks

Source: http://www.nycgovparks.org/rules/section-1-04

§1-04 Prohibited Uses

e. Aviation

No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, balloon, parachute, hang glider, or other aerial device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. For the purposes of this subdivision (e), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.

I think you need to correct your post title to: "Drone Ban....."

achoe · May 15, 2015

Outta Control said:
Yes. welcome to California. Basically you're screwed. There is no wiggle room based on the wording they used. This is especially true since 9/11. New York City is a huge "nanny state" after Guiliani.

Outta Control / Are you serious? I am actually moving to CA next year and thought I would have much more open spaces to fly it in... Where would you fly them then? Go to other states? Or are there designated areas that allow drones?

Quadpilot/ Thanks for the catch. It's the stupid autocorrect on my phone.

Outta Control · May 15, 2015

Depending on where you're gonna reside you are screwed either way. SF good luck finding a LEGAL place to fly. Only options are TI or a small area near Pacifica. Silly-Con valley? A few cities allow multirotors and also CA State Parks will allow if you follow procedures.

In San Diego I've hear stories of their DJI product not flying due to updated No-Fly zone. Them folks have to drive 20 minutes outside city limits just to fly for 30 minutes.

As far as La La Land? It is what it is.

The Editor · May 15, 2015

Pretty much all of NYC is off limits (quite rightly) as with the three major airports in the vicinity it is all controlled airspace.

achoe · May 15, 2015

The Editor said:
Pretty much all of NYC is off limits (quite rightly) as with the three major airports in the vicinity it is all controlled airspace.

Correct me if I am wrong, but according to FAA guidelines, we just need to avoid the 5 miles radius around airports. And the map from DJI's website clearly shows that midtown & downtown are not affected at all, as well as lower parts of Central Park.

Map linked below:
http://www.dji.com/fly-safe/category-mc

Outta Control · May 15, 2015

achoe said:
Correct me if I am wrong, but according to FAA guidelines, we just need to avoid the 5 miles radius around airports. And the map from DJI's website clearly shows that midtown & downtown are not affected at all, as well as lower parts of Central Park.

Map linked below:
http://www.dji.com/fly-safe/category-mc

But as you already posted on the first thread there is a city ordinance banning any flying aircraft of any kind which includes...

or this...

and this...

The Editor · May 15, 2015

achoe said:
Correct me if I am wrong, but according to FAA guidelines, we just need to avoid the 5 miles radius around airports. And the map from DJI's website clearly shows that midtown & downtown are not affected at all, as well as lower parts of Central Park.

Map linked below:
http://www.dji.com/fly-safe/category-mc

Apologies, my post should have said 'pretty much all of Metro NYC' however I have heard of people being arrested in Central Park.
The thing is with flying in NYC parks is that if the cops decide you are a danger to others then you run the risk of being slammed with a reckless endangerment charge.
That's up to 7 years eating jail food!

I suppose the question you need to ask yourself is how confident are you should you get arrested at arguing your case?

Outta Control · May 15, 2015

The Editor said:
... if the cops decide you are a danger to others then you run the risk of being slammed with a reckless endangerment charge.
That's up to 7 years eating jail food!

I suppose the question you need to ask yourself is how confident are you should you get arrested at arguing your case?

Yes. I agree with The Editor or you get one of these after you.

turbodronepilot · May 15, 2015

The Editor said:
Apologies, my post should have said 'pretty much all of Metro NYC' however I have heard of people being arrested in Central Park.
The thing is with flying in NYC parks is that if the cops decide you are a danger to others then you run the risk of being slammed with a reckless endangerment charge.
That's up to 7 years eating jail food!

I suppose the question you need to ask yourself is how confident are you should you get arrested at arguing your case?

Dude really? ?
Only 7 years in jail for reckless endangerment? ?
Are you kidding? ?
We are too easy on crime in the USA! !
Wirhout question this should be the death penalty case!!
I say lock up another 500000 non violent criminals so this kind of thing doesn't happen again!!

slim.slamma · May 15, 2015

achoe said:
Hi,

I was flying my drone yesterday at Bryant Park last night, and a security guard came by to tell me that I have to land it. He told me I am not allowed to fly things in the park according to park rules. I asked him to show me the rule book, which had a section on prohibited uses that listed aviation. (Clause pasted and link provided below for details.) The rule applies to all parks managed by the New York City Department of Parks & Recreation, including Central Park. I never had this issue until yesterday and was curious if this rule actually applies to drones. The rule, quoted below, was probably aimed at manned vehicles, much larger in size, and lists airplane, balloon, parachute, hang glider. But it does say "any other aerial device", so drones / quadcopters could arguably be included as well. Does any of you have any legal / professional views or opinions?

Thanks

Source: http://www.nycgovparks.org/rules/section-1-04

§1-04 Prohibited Uses

e. Aviation

No person shall voluntarily bring, land or cause to alight within or upon any park, any airplane, balloon, parachute, hang glider, or other aerial device, except that certain areas may be designated appropriate landing places for medical evacuation helicopters. For the purposes of this subdivision (e), voluntarily shall mean anything other than a forced landing caused by mechanical or structural failure of the aircraft or other aerial device.

I've come to the conclusion of no flying in city park's. Exception RSD drive park. Ive been kicked out the Riverbank and Washington sq park. On the city streets they don't know what to do. But if you crash, it becomes reckless endangerment. Otherwise im all over nyc filming. They push you in the streets and out of the parks. Cops however will tell you take it to the park. Then the park rangers tell you no flying in the park. Just go to the roof of your building and do your thing. Watch out for the helicopters and stay below 400 ft. Air traffic is pretty busy here, planes should be above 1200 except near the airports. Where you shouldn't be.