Guest opinion: Poway’s proposed drone ordinance a bold move

Poway Mayor Steve Vaus has proposed a new city ordinance calling for the restriction of Unmanned Aircraft Vehicles (UAVs) during wildfires and declared emergencies within city limits. They would be restricted within two miles of an emergency within the city, citing the threat to public safety.

This is a bold and unprecedented move. According to local media reports, no other community has proposed such a thing. We continue to hear accounts of firefighting aircraft being grounded because of recreational UAVs operating within declared temporary flight restriction zones. Ten unauthorized UAV incursions have already adversely impacted firefighting efforts in California during 2015 alone, including the recent North Fire in the Baldy Mesa area off the I-15 and the Lake Fire in the San Bernardino National Forest. Closer to home, an air ambulance helicopter in San Diego was forced to take violent evasive maneuvers to avoid a four-foot-wide UAV that came within 20 feet of the helicopter.

There is no shortage of FAA rules and regulations regarding the use of UAVs. Several sections of the California Penal Code can also be applicable with respect to unauthorized UAV operations. They are misdemeanors only.

I believe commercial UAV operators fully understand Class D airspace restrictions around existing airfields and flight lines. Firmware within their UAVs operating in Global Positioning System (GPS) mode automatically recognizes Class D airspace and avoids it. They have access to and respect all published Notices to Air Pilots (NOTAMS). They do not violate temporary restriction zones during fires and declared emergencies. As a community, commercial UAVs owners and operators are responsible aviators.

The problem is unauthorized recreational UAVs, particularly in the hands of irresponsible people, the very same scoundrels who would shine a laser at an aircraft cockpit. They do not read NOTAMS and care not for either FAA rules and regulations nor California Penal Code misdemeanors.

Wildland firefighting is deadly serious business. Three firefighters recently lost their lives fighting the Oregon wildfires when their engine company was overtaken. Nineteen Arizona Hotshots died during the 2013 Yarnell Hill Fire. Heroes all. And some rascal with a UAVs actually wants to take a Go-Pro video of it to post on Facebook or You Tube? Really? For goodness sake, let’s just let the firefighters do their jobs!

Are there risks associated with such a proposal? Most assuredly. During the Aug. 18 meeting, Councilman Cunningham and City Attorney Morgan Foley had an interesting professional exchange regarding the potential legal perils of such an unprecedented ordinance. Understandable. Lawsuits cost money.

But in spite of that very real risk, this proposed ordinance, or some version of it anyway, is ultimately the right thing to do. It comes down to this: When lives and property are at risk, recreation can simply wait until tomorrow. Is that really asking too much? Any responsible citizen must surely know this to be true.