Uncertainty of drones worries Phoenix leaders

Experts say the growing popularity of drones — from hobbyists who toy with small-scale versions to law-enforcement officials who use more-sophisticated systems — creates a pressing need for new regulations because existing airspace and privacy laws have too many gray areas.

That may be about to change in Phoenix.

City Councilmen Sal DiCiccio and Michael Nowakowski plan to propose an ordinance that would make it a crime to use a drone to film, audiotape or photograph people on their private property without their consent.

A violation would be a Class 1 misdemeanor, which carries up to a $2,500 fine and six months in jail, according to the proposed ordinance. Each image the person distributed would rack up a separate offense.

However, the proposal could have many exceptions, which include permissible taping and photographing for mapping or artistic or journalistic purposes as long as the recording shows several residences and no individual is identifiable. The ordinance also would allow violators a defense if the person destroyed the photos or tapes upon learning of the law as long as he or she did not record or photograph children, sex or nudity or distribute the images or recordings.

The ordinance sponsors say the reasons it’s needed are twofold: to declare “Peeping Tom” laws for the airways and to prepare for potential drone usage by police.

But the draft language has a long way to go, as both sponsors will look for public input and expert advice. The councilmen expect to debut the proposal in an October subcommittee meeting.