Recently, the Hamilton City Council in Ohio proposed a new local ordinance that would specifically prohibit the use of drones to commit voyeurism in response to complaints from a resident that someone in his neighborhood was harassing individuals with a drone by recording images. The complainant explained to the Council that a man was operating a drone and peering into windows in his neighborhood, flying over children playing in their yards and even chasing a woman down a street. The resident took video footage of the drone operations and reported the operator’s actions to the police, but no specific law or regulation applied to this operator’s activity.

The proposed law would make it illegal to use drones “to invade the privacy of another’s home, office, enclosed space or the private space of another.” Further, drone flights over properties (such as individual homes) would be prohibited without the owner’s consent, along with flying over crime scenes or emergency scenes. The proposed law would also make it illegal to operate drones “in a manner that recklessly endangers persons, wildlife, or property or in a manner that harasses, disturbs, intimidates, annoys or threatens persons.”

Lastly, the proposed law would ban drone flights over public parks and schools as well as municipal buildings and property owned by the City of Hamilton School District, Hamilton Parks Conservancy, or the City of Hamilton. An exception for TVHamilton drones would be included in the law.

Other ordinances limiting drone flights can be found in this part of Ohio, including in Youngstown, Cleveland, Cleveland Heights and the Sandusky County Park District (and of course, many similar ordinances exist across the country). Whether this new proposal is ultimately adopted, it serves as a strong reminder to check local laws and regulations before you fly a drone.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.