Tulare Municipal Code contains no dedicated chapter regulating recreational unmanned aircraft systems (drones / UAS). Operations are governed primarily by federal rules: FAA 14 CFR Part 107 (commercial) and 49 U.S.C. 44809 (Exception for Limited Recreational Operations), which requires TRUST certificate completion, registration of drones >0.55 lb, line-of-sight flight, max 400 ft AGL outside controlled airspace, no flight over people/moving vehicles without waiver, and yielding to manned aircraft. California is a NON-preemption state, so a city could regulate take-off/landing on city property, but Tulare has not done so by ordinance. California Civil Code 1708.8 (anti-paparazzi) creates civil liability for using a drone to capture images of private activity over another person's land.
Federal law preempts the airspace itself (FAA exclusive jurisdiction over navigable airspace), but cities retain authority over their own real property (parks, civic buildings) and over privacy/trespass/nuisance. Because Tulare has not enacted a drone ordinance, recreational pilots in Tulare must: (1) follow FAA Recreational Exception rules including TRUST test, (2) avoid Mefford Field / Tulare Municipal Airport (KTLR) class G airspace and obtain LAANC authorization if in controlled airspace, (3) avoid the Tulare International Agri-Center and California Mid-State Fair venues during TFRs, and (4) respect privacy under Civil Code 1708.8. Civil Code 1708.8(b) imposes liability for entering airspace above land to capture a visual or auditory recording of someone engaging in a private, personal, or familial activity in a manner offensive to a reasonable person.
Federal: FAA civil penalties up to $27,500 per violation (recreational) and criminal penalties up to $250,000 / 3 years. State civil: Civil Code 1708.8 — fines $5,000-$50,000 plus three times general/special damages and disgorgement of profits. Penal Code 402 (impeding emergency response, including drones over wildfires) — misdemeanor, up to 6 months county jail / $1,000 fine. Local: trespass and nuisance under Tulare M.C. § 7.28.030 if take-off/landing occurs on private property without permission.
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