Flying drones over private properties to be prohibited

The City Council, during last Monday’s regular session, approved on first reading a proposed ordinance prohibiting the flying of drones over barangay residential areas, condominiums and other private properties and providing penalties for violation of the proposed measure.

Under the proposed ordinance, it shall be unlawful for individuals to operate and fly unmanned unscrewed aerial vehicles, also known as drones, over residential and private properties such as condominiums unless with the expressed or written permission of the owners or otherwise upon the presentation of a permit to operate a drone secured from the local government or the barangay where the drone will be launched, stating the name and photograph of the owner or operator, the purpose of its operation, when and where the drone shall be flown, the period and duration of its operation among others.

The ordinance tasked the Baguio City Police Office (BCPO) to be the lead agency in the enforcement and implementation of the proposed measure and shall be given full authority to apprehend drone operators without licenses or permits to operate issued by the BCPO; to issue a permit to operate a drone upon inspection and close security of the drone itself and a background of the sole operator of the drone device; record all the details pertaining to the application for a permit to operate and confiscate unlicensed drone or those without the necessary permit to operate.

The ordinance authorized barangays offices to apprehend drone operators reported by neighbors, and to question whether or not they have the corresponding permit to operate the drone and shall have the right to prohibit those without permits, report the same to the BCPO until such time they are issued the permits necessary to do so.

Upon report by witnesses or those who had been affected by drone operations as a public nuisance over their private properties, the ordinance stipulated that the complaints must first be reported to their respective barangay halls where they reside and for which said report shall be logged on to record, the date, time, a detailed description of the incidents and if possible, the names of the suspects involved.

In the absence of suspects or any information to whom the drone belongs to, the punong barangay or his or her assigns, may upon investigation and inquiry, locate the owner of the drone and shall initially be informed of the existence of the proposed measure and will serve as first warning.

If the same drone will be reported again and still without the necessary permit to operate, the barangay shall report it to the BCPO through the nearest station with jurisdiction for the payment of penalties, a fine of P1,000 after the first warning for the first offense, a fine of P3,000 for the second offense and a fine of P5,000 and confiscation of the drone for the third offense and a fine of P5,000 and imprisonment for at least one week but not more than one month depending upon the gravity of the offense upon the discretion of the court for the fourth offense.

The ordinance tasked the barangay to be in charge of the safekeeping of the confiscated drone and shall charge the operator a storage fee of not less than 20 percent of the value of the confiscated drone. The barangay shall also keep a record of the item, a photograph of the drone, its model and make, its present market value for insurance purposes and other pertinent details. – Dexter A. See