An ordinance to defend the sovereign airspace of the Town of Deer Trail, Colorado, and that of its citizens, their homes, businesses, related properties and interests, from unwanted incursions by small unmanned aerial vehicles (popularly referred to as “drones”).
Whereas, the Board of Trustees of the Town of Deer Trail, hereinafter referred to as “Board” and the “Town” has significant interests in the protection of its citizens from crimes against their persons and property; and
Whereas the Citizens of the Town of Deer Trail have and maintain a distinctive way of life that emphasizes independence, freedom, and social/political/economic self-determination; and
Whereas advanced technological developments have coincided with unprecedented liberalization of state and federal law and re-interpretations of the rights of Americans to be safe and secure in their persons and properties from covert gathering of information and use of such data; and
Whereas powerful corporate, state and federal government interests receive vast benefits from surveillance of individual citizens, small businesses, and that such data that is gathered through the use of unmanned aerial vehicles can be used by both domestic and international interests, state and non-state actors, including terrorists or those who might wage war or engage in acts of destruction toward Americans and their interests; and
Whereas State and Federal entities, non-governmental organizations, international interests, state and non-state actors, terrorists and others are threatened by traditional American ideas of Liberty and Freedom, and that a heritage of such principles remains inherent in the common way of life by ranchers, farmers, cowboys and Indians, as well as contemporary citizens of the Town of Deer Trail; and
Whereas state and federal governmental entities, non-governmental organizations and powerful corporate interests have previously encroached on the freedoms and liberties of the Town of Deer Trail and its citizens, even to the extent of conducting violent armed assaults against targeted members of our community while jeopardizing the lives and safety of members of the community, there shall henceforth exist a legal obligation of all citizens to defend their homes and community from incursions by unmanned aerial vehicles; and
Whereas, many Western communities in rural America provide monetary incentives (bounties) for the killing of predators that are injurious to Man and his interests, the Town of Deer Trail likewise establishes hunting licenses and bounties for the killing of unmanned aerial vehicles, in keeping with the Western traditions of sovereignty and freedom.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:
1) The average citizen is not necessarily trained to identify various types of aerial vehicles. However, a combination of characteristics shall be deemed as sufficient to make this determination. To wit:
a. The aerial vehicle shall be flying below a height of 1,000 (one thousand) feet, such distance to be determined either by visual estimate or range-finding device. If simple visual estimate is used, the citizen must have recent (within one year) participation in an organized marksmanship event (of any kind) or NRA approved training involving active shooting.
b. The aerial vehicle shall be either windowless and without an apparent means of entry for a human being, or the size and configuration of the aerial vehicle shall preclude human habitation.
c. Unmanned aerial vehicles may include fixed wing, rotary wing, or a combination thereof. However, in no case shall a citizen engage a rotary wing aircraft whose markings and design would indicate to the average person that it is a manned vehicle flown for the purpose of emergency rescue.
d. In no case, shall a citizen engage an obviously manned aerial vehicle. (Section 1, paragraph “2a” of this ordinance shall be an exception to this restriction)
e. Citizens may engage an unmanned aerial vehicle using only plain visual identification if the vehicle is flown at an altitude of less than 300 feet. Beyond 300 feet, optical equipment such as binoculars must be used.
f. The Town of Deer Trail shall establish an unmanned aerial vehicle recognition program to educate the public on current configurations and capabilities of this technology. Resources for the implementation of such educational efforts may be derived from voluntary community contributions or town funds. However, total annual expenditures for this purpose shall not exceed $10,000 (ten thousand dollars) from municipal funds.
a. Notwithstanding any other provision of this ordinance, if a citizen has reasonable cause to believe that his/her life is threatened by an aerial vehicle of any kind, he/she may engage such vehicle. Reasonable cause shall be defined as aggressive actions by the aerial vehicle that may include but are not limited to the following:
ii. Repetitive maneuvers or appearance of following, pervasive surveillance, etc…
iii. Existence of weaponry such as sights, rifles, gun barrels, missiles, etc…
iv. In no case, shall a vehicle that is clearly marked or otherwise identified as belonging to a law-enforcement agency be engaged. However, if the latter vehicle contains the characteristics of an unmanned aerial vehicle heretofore mentioned, it may be engaged regardless of its markings.
a. Remote Control toy aerial vehicles may not be engaged if the operator of such vehicle is within plain site and within 1000 feet of a vertical trajectory leading to such vehicle. In the case of accidental engagement, the owner of the toy remote control aerial vehicle shall be reimbursed for its full cost by the shooter. This section shall not apply if the remote toy vehicle is within the boundaries of the airspace over property owned or controlled by the shooter.
a. In order to provide for the public safety and responsible use of firearms, the following guidelines are mandated to control the spread of pellets during their trajectory to the target, to maintain a consistent angular path, and to eliminate risks from unsuitable ammunition and weapon combinations. Weapons used for engagement of unmanned aerial vehicles are limited to the following:
i. Any shotgun 12 gauge or smaller, having a barrel length of 18 inches or greater
ii. Either smokeless or black powder ammunition may be used.
iii. Pneumatic weapons may not be used unless the Board of Trustees recognizes a current or future technology or innovation and amends this ordinance.
iv. Under no circumstances shall any weapon be used that has a rifled barrel.
v. Only shot sizes between 2 and 7.5 may be used (90-350 pellets per ounce)
vi. Shot may include the following types:
1. Lead shot
2. Steel shot
3. Depleted Uranium shot
4. Any other metal alloy commonly used in shotgun ammunition
vii. Ammunition must be similar to that which is factory-made and commercially available. It must be capable of following a reasonable, predictable trajectory and have pressure and muzzle energy characteristics within the limits for the firearm from which it is fired.
viii. Glass, salt, flechette, ball, slug, sabot, bolo, and exploding ammunition may not be used. Tracer and incendiary projectiles may not be used, nor shall they exhibit thermal or chemical reactions or dispersion during their trajectory or impact with the target. This shall not be construed to limit the use of standard shotgun ammunition described herein. Only standard shot of the abovementioned sizes may be used for the purpose of engaging unmanned aerial vehicles.
a. The shooter must be familiar with the weapon used for the purpose of engaging unmanned aerial vehicles.
b. Unmanned Aerial vehicles shall only be engaged between sunrise and sundown. No engagement may take place during times of significantly impaired visibility due to either time of day, weather or environmental conditions that would preclude clear unmanned aerial vehicle identification or safe and effective use of weapons and ammunition.
c. The Town of Deer Trail shall issue unmanned aerial vehicle hunting licenses (hereafter referred to as “hunting license” or “hunting licenses”) to any citizen who wishes to engage such vehicles. Such licenses shall only remain valid within the geographic boundaries of the Town of Deer Trail, Colorado. Because “Deer Trail” can be construed to imply several possible definitions, it is necessary to describe the following:
i. The Deer Trail Conservation District is not a geographic description that applies to this ordinance.
ii. The Deer Trail postal code shall not be used to define the boundaries mentioned in this ordinance.
iii. Engagement of the unmanned aerial vehicle must occur only within the actual geographic boundaries of the Town of Deer Trail, Colorado. It is the responsibility of the shooter to know his/her location and whether he/she is within the abovementioned geographic boundaries.
iv. If the Town of Deer Trail annexes property or experiences changes to its geographic boundaries, this ordinance shall continue to apply to the new boundaries.
d. Hunting Licenses issued upon completion of the following requirements:
i. No background investigation shall be performed.
ii. All hunting licenses shall be issued on an anonymous basis. All names and personal information relating to the hunting license shall remain secret, and no record of this data shall be maintained. The application for the hunting license and any other documentation, including receipts, records of transactions, the hunting license itself, etc… shall specifically exclude any identifying information such as names, addresses, and phone numbers. All hunting licenses and related documentation and records shall use either a random or sequential numeric/alphanumeric designation in lieu of personal identifying or associated data. Because of these restrictions, it is the responsibility of the hunting license holder to renew his/her license prior to expiration and to properly maintain his/her document. Upon loss or destruction of the hunting license, it will not be replaced and a new one must be purchased.
iii. Hunting licenses are valid for a period of one year from the date of issue. The expiration date shall be printed on the hunting license.
iv. The cost for a hunting license shall be $25.00 (twenty five dollars).
v. There shall be no age requirement or restriction for issuance of the hunting license. All license holders shall comply with established safety regulations for the possession and use of shotguns and ammunition. Hunters under the age of 18 shall be subject to age and supervision requirements with respect to the possession and use of firearms and ammunition according to State and Federal law. There shall be no town, county, or state residency requirements as a condition for issuance.
vi. The applicant for the hunting license must be able to read and understand English.
vii. The applicant for the hunting license must read and understand this ordinance. The Board of Trustees Shall determine procedures for training, testing, and verification that the applicant has read and understands this ordinance. Such procedures shall be limited to the actual content of this ordinance and shall not be designed to test firearms proficiency, aerial vehicle recognition, or any other subject.
i. Unmanned aerial vehicles may be engaged at a vertical distance of 1000 (one thousand) feet or less.
1. All provisions in Section 1 relating to aerial vehicle identification shall apply to their engagement.
2. Unmanned Aerial vehicles may only be engaged while the shooter is located upon private property.
ii. Unmanned aerial vehicles shall only be engaged if the direction of aim is within 20 degrees of an axis perpendicular to the ground, extending from the shooter to the unmanned aerial vehicle.
iii. It is the shooter’s responsibility to maintain proficiency with his/her particular weapon, regardless of its overall configuration and design.
iv. Unless there exists an imminent threat to life and safety, the shooter is limited to only firing three shots at any one unmanned aerial vehicle during a single engagement. For the purposes of this ordinance, each engagement of the same unmanned aerial vehicle shall be separated by a period of two hours. Excessive shooting beyond these limits demonstrates a lack of proficiency with the weapon. In this case, The Town of Deer Trail shall have the authority to impose a fine of not more than $25.00 (twenty five dollars) upon the shooter.
a. The Town of Deer Trail shall issue a reward of $25.00 (twenty five dollars) to any shooter who presents a valid hunting license and the following identifiable parts of an unmanned aerial vehicle whose markings and configuration are consistent with those used on any similar craft known to be owned or operated by the United States federal government.
ii. One wing
b. The Town of Deer Trail shall issue a reward of $100.00 (one hundred dollars) to any shooter who presents a valid hunting license and the following identifiable parts of an unmanned aerial vehicle whose markings and configuration are consistent with those used on any similar craft known to be owned or operated by the United States federal government.
i. Whole, intact unmanned aerial vehicle
1. Either the nose or tail section may be missing or damaged, but not both.
2. Markings, and configuration of the unmanned aerial vehicle must be consistent with those used by the United States federal government.
c. All unmanned aerial vehicles (hereinafter referred to as “trophies”) and parts presented to and accepted by the Town of Deer Trail for purposes of receiving the listed bounties, shall become the property of the Town of Deer Trail. Trophies may be displayed or used for marketing purposes. Any funds generated by the actual trophies, their images, statistics or descriptions, shall remain the property of the Town of Deer Trail. The shooter’s name and identifying or associated information shall not be used without his/her express written consent.
It is the duty of every able-bodied citizen to preserve individual sovereignty and freedom. The Town of Deer Trail, Colorado is a sovereign political entity. As such, every unwanted unmanned aerial vehicle is hereby declared a threat to that precious freedom. Every citizen in the Town of Deer Trail is hereby indemnified from all civil and criminal liability as a result from the identification and engagement of any unmanned aerial vehicle under the provisions of this ordinance. Further, the unsolicited or unwanted incursion of any unmanned aerial vehicle into the airspace of the Town of Deer Trail, represents an unlawful attack from a belligerent foreign power. Whether such incursion into the Town of Deer Trail airspace is committed on the part of any government entity or a non-government or corporate actor, each incursion of an unmanned aerial vehicle shall be considered an act of war against the sovereignty of the town and its citizens. Therefore, any action in conformance with this ordinance shall be construed as being resistance to tyranny in support of the common defense.
All contracts or agreements between the Town of Deer Trail, governmental and non-governmental entities are hereby modified to conform to the provisions of this ordinance. The Arapahoe County Sheriff Office (ACSO) or any other law enforcement or regulatory agency of the State of Colorado or the government of the United States is likewise prohibited from enforcing any law, edict or regulatory determination that is in conflict with this ordinance. The sovereignty of the Town of Deer Trail and right to remain secure from surveillance and covert information gathering remain concerns that specifically mandate the security of the airspace over the Town of Deer Trail, Colorado.
It is hereby the doctrine and law of the Town of Deer Trail, Colorado that issues of social, political and economic self-determination are paramount. Throughout its history, the Town of Deer Trail has maintained its independence from all other political entities. Therefore, the Town of Deer Trail declares its supremacy over its territorial boundaries and, with respect to this ordinance, the supremacy and sovereignty of its airspace and its citizen’s right to defend the airspace of the town, their homes, businesses and related properties from unwanted incursions by unmanned aerial vehicles.
The Board finds, determines, and declares that it has the power and authority to adopt this Ordinance pursuant to the Constitution of the United States and its amendments. To wit:
Amendment IV of the United States Constitution: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Amendment IX of the United States Constitution: “The enumeration of certain rights, shall not be construed to deny or disparage others retained by the people.”
Amendment X of the United States Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.
If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the remaining sections, subsections and clauses shall not be affected thereby.
All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this ordinance are hereby repealed to the extent only of such inconsistency or conflict.
Immediately upon its passage, this ordinance shall become effective, shall be published, and shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by signatures of the Mayor and Clerk, shall be published as required by law, and shall be incorporated into the law of the Town of Deer Trail.
ADOPTED AND APPROVED this _____________day of ________________, ___________
TOWN OF DEER TRAIL, COLORADO
/s/Frank Fields, Mayor
(S E A L)
/s/Kimberley Oldfield, Town Clerk