Pittsburg, CA Drone Rules: Recreational Drones (2026)
Key Facts
- Authority
- Civil Code §1708.8 - invasion of privacy by drone (3x damages)
- Authority
- Penal Code §647(j) - criminal peeping with device
- Authority
- Penal Code §646.9 stalking can apply to drone harassment
- Rule
- FAA Part 107.39 - no flight over non-participants w/o waiver
- Permit
- Pittsburg park launch/land requires special permit
Summary
California Civil Code §1708.8 creates civil liability for using a drone to capture audio or visual images of private activity in a way a reasonable person would find offensive. Penal Code §647(j) criminalizes using a device to view into private areas. Pittsburg park rules also restrict drone use.
(a) A person is liable for physical invasion of privacy when the person knowingly enters onto the land or into the airspace above the land of another person without permission or otherwise commits a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person.
(b) A person is liable for constructive invasion of privacy when the person attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, through the use of any device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the device was used.
(d) A person who commits any act described in subdivision (a), (b), or (c) is liable for up to three times the amount of any general and special damages that are proximately caused by the violation of this section. This person may also be liable for punitive damages, subject to proof according to Section 3294. A person who comes within the description of this subdivision is also subject to a civil fine of not less than five thousand dollars ($5,000) and not more than fifty thousand dollars ($50,000).
Full Breakdown
While airspace is federally preempted, drone-related privacy and nuisance conduct is governed by state civil and criminal law applicable in Pittsburg. 8 (as amended by AB 856, 2015) establishes the torts of physical and constructive invasion of privacy, expressly covering unmanned aircraft: a person is liable when they knowingly enter the airspace above the land of another without permission to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity, in a manner offensive to a reasonable person.
Damages include up to three times the actual damages, punitive damages, disgorgement of proceeds, and a civil fine of $5,000 to $50,000. California Penal Code §647(j)(1) makes it a misdemeanor to use a device to view the interior of a bedroom, bathroom, changing room, or similar private area, and §647(j)(4) criminalizes distribution of such images. 6 (annoyance of minors). Civilly, drone flights low over a backyard may support nuisance or trespass claims under California common law. Pittsburg's own park ordinance restricts launching/landing drones from city parks absent a special use permit, and drones cannot be operated in a manner that endangers people at city facilities.
39) prohibit flight directly over non-participants without a waiver. Victims should document the flight (photos, Remote ID reader data) and report to Pittsburg PD or file a civil suit.
Frequently Asked Questions
A drone is hovering over my backyard - what can I do?
Can I shoot down a drone over my property?
Is photographing my yard from 300 feet up illegal?
Sources & Official References
Other rules in Pittsburg
California rules heatmap·Compare Pittsburg to another location·View the California drone rules overview
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