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LTC 145-2017 MBPD Small Unmanned Aircraft Systems (UAS) Programe N t 3EACH OFFICE OF THE CITY MANAGER NO, LTC# 145-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members 1:'f the City Cmission FROM: Jimmy L. Morales, City Manager DATE: March 15, 2017 SUBJECT: MBPD SMALL UNMANNED AI ^ CRAFT SYSTEMS (UAS) PROGRAM The purpose of this letter to the Mayor and Commission is to provide information regarding the recent acquisition and the imminent implementation of a small Unmanned Aircraft System (UAS) program within the Miami Beach Police Department. For the last two years, the Miami Beach Police Department has been working with representatives of various law enforcement agencies who currently have UAS programs as well as with the Federal Aviation Administration (FAA). The final rules for small UAS operations were published by the FAA on August 29th, 2016. Since then, the Miami Beach Police Department has been working on obtaining a small UAS that meets the operational needs of the Department. The Department has purchased a single primary UAS for operations and one smaller unit for pilot training. The total cost of these acquisitions was $17,000, taken from the FY 2016-2017 Police Department budget. The primary mission of the Police Department's UAS program is life safety. In a city of high-rise buildings and open space, there are circumstances in which it will be critical for the Police Department to have UAS flight and camera capability to see into areas where a threat exists (e.g., a gunman or hostage taker in a high-rise apartment) or to look for a lost child or missing person in a park or on a beach. UAS activity by law enforcement is carefully regulated at the state and federal level. The MBPD has developed a policy that mirrors best practices in the law enforcement community and adheres to state law and federal regulations. Furthermore, the Department has taken great care to ensure that UAS deployment is explicitly limited to a predefined set of lawful circumstances. The use and results of the UAS program will be published on an annual basis to ensure transparency and instill confidence in the benefits of the program. The next step in the implementation of the UAS program will be to identify approximately eight volunteer police officers to serve as UAS pilots, a team large enough to ensure prompt mobilization of one or more pilots when there is an urgent need to fly. Pilots will receive significant training and will be recertified to fly quarterly. The Department anticipates purchasing up to three more smaller and inexpensive training UAS to maintain pilot proficiency. The UAS could be flown today by an already identified and certified police officer. However, we expect the program to be fully underway with a cadre of trained pilots in about three months. The Police Department's policy on UAS is attached. (.0 JLM:DJO:tr MIAMIBEACH PC) PURPOSE: To provide guidance and direction to personnel assigned responsibilities associated with the use and deployment of unmanned aircraft systems (UAS) SCOPE: This Standard Operating Procedure (SOP) applies to all Department employees. POLICY: It is the policy of this Department that only trained and authorized personnel may deploy UAS when such use is appropriate in the performance of their official duties and when the deployment and use is done pursuant to this SOP. UAS will be deployed and used to provide an aerial visual perspective in responding to emergency situations, pre -planned operations, and exigent circumstances. Any use of a UAS will be in accordance with laws of the State of Florida and established regulations. The use of the UAS is not intended for general patrol, nor is it for observation of areas where there is a reasonable expectation of privacy, unless pursuant to a search warrant or an appropriate exception to the warrant requirement. All use of the Department's UAS must be in compliance with F.S.S. 934.50 and Federal Aviation Regulations. DEFINITIONS: CERTIFICATE OF AUTHORIZATION (COA) - Federal Aviation Authority's Certificate of Authorization enabling the Department to operate an UAS. DEFINED INCIDENT PERIMETER - The location determined for the operation of the UAS during a specific mission. The maximum operating height of the UAS is 400 feet, dependent on circumstances. DIGITAL MULTIMEDIA EVIDENCE (DME) - Digital recordings of images, sounds and associated electronic digital data. PILOT IN COMMAND (PIC) The PIC is the person directly responsible for the operation of the UAS. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 1 of 9 MIAMIBEACH STANDARD OPERATING PROCEDURE SOP #160 UNMANNED AIRCRAFT SYSTEMS CALEA Standard(s): PURPOSE: To provide guidance and direction to personnel assigned responsibilities associated with the use and deployment of unmanned aircraft systems (UAS) SCOPE: This Standard Operating Procedure (SOP) applies to all Department employees. POLICY: It is the policy of this Department that only trained and authorized personnel may deploy UAS when such use is appropriate in the performance of their official duties and when the deployment and use is done pursuant to this SOP. UAS will be deployed and used to provide an aerial visual perspective in responding to emergency situations, pre -planned operations, and exigent circumstances. Any use of a UAS will be in accordance with laws of the State of Florida and established regulations. The use of the UAS is not intended for general patrol, nor is it for observation of areas where there is a reasonable expectation of privacy, unless pursuant to a search warrant or an appropriate exception to the warrant requirement. All use of the Department's UAS must be in compliance with F.S.S. 934.50 and Federal Aviation Regulations. DEFINITIONS: CERTIFICATE OF AUTHORIZATION (COA) - Federal Aviation Authority's Certificate of Authorization enabling the Department to operate an UAS. DEFINED INCIDENT PERIMETER - The location determined for the operation of the UAS during a specific mission. The maximum operating height of the UAS is 400 feet, dependent on circumstances. DIGITAL MULTIMEDIA EVIDENCE (DME) - Digital recordings of images, sounds and associated electronic digital data. PILOT IN COMMAND (PIC) The PIC is the person directly responsible for the operation of the UAS. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 1 of 9 MIAMIBEACH PROGRAM COORDINATOR - A supervisor designated by the Chief of Police who will be responsible for the management of the Department's UAS program. SAFETY OFFICER - The Safety Officer is responsible for providing support during UAS operations. The responsibilities of the Safety Officer can be completed by the Visual Observer. UNMANNED AIRCRAFT SYSTEM (UAS) - A system that includes the necessary equipment, network and personnel to control an unmanned aircraft. VISUAL OBSERVER - The Visual Observer is responsible for the visual observation of the UAS while in flight. PROCEDURE: A. Administration 1. All deployments of UAS must be specifically authorized by the Chief of Police or a Command Staff Officer designee. 2. The deployment and use of UAS will be to provide the following: a. Situational Awareness - To assist decision makers in understanding the nature, scale, and scope of a critical incident and for planning and coordinating an effective response when the Department possesses reasonable suspicion that under the particular circumstances, swift action is needed to prevent imminent danger to life or property, to forestall the imminent escape of a suspect or the destruction of evidence. b. Search and Rescue To facilitate the search for a missing person, to include AMBER Alerts, Silver Alerts, and other search and rescue missions. c. Tactical Deployment - To support the tactical deployment of officers and equipment in emergency situations when the Department possesses reasonable suspicion that under the particular circumstances, swift action is needed to prevent imminent danger to life or property, to forestall the imminent escape of a suspect or the destruction of evidence. d. Visual Perspective ., To provide an aerial visual perspective to assist officers in providing direction for crowd control, traffic incident management, special circumstances and temporary perimeter security when the Department possesses reasonable suspicion that under the particular circumstances, swift action is needed to prevent imminent danger to life or property. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 2of9 MIAMM ACw IL, II e. Scene Documentation - To document a crime scene, accident scene, or other major incident scene pursuant to the issuance of a search warrant. f. For Pilot training under the limitations and instructions of this SOP. 3. Pilot Training a. All personnel with UAS responsibilities must complete a Department approved training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation and proper calibration and performance of the equipment and to incorporate changes, updates, or other revisions in policy and training. b. All Pilots who will be flying the UAS for law enforcement missions will be properly trained by the manufacturer or by a designated instructor. Pilots will have a current working knowledge of the airspace intended for operations and the ability to obtain a report on weather conditions in the area of operations. c. All personnel with UAS responsibilities, including command officers, will be trained in the local and federal laws and regulations, as well as this SOP. d. All Pilots must have a minimum of three qualifying UAS flights to include take offs and landings in the preceding 90 days to be eligible to fly a UAS mission. e. All Pilots will be familiar with the COA and this SOP and maintain proficiency in their operator and Visual Observer abilities. Members who do not have documented training or flight time for the proceeding 90 days will demonstrate proficiency before performing Pilot or Visual Observer duties during a mission. f. Failure to maintain proficiency will result in removal as a UAS Pilot. g. A Visual Observer is required for all practice and mission flights of the UAS. h. Initial Training - Visual Observers will be familiar with the conditions of the COA. Visual Observers must have a current working knowledge of the airspace intended for operations, specific UAS aerodynamic factors, and the ability to obtain and interpret weather conditions. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 3 of 9 MIAMI®EACH L_1 J• The UAS will not be flown over persons not directly involved in any Department training. The UAS will only be flown over sparsely populated areas during Department training. k. No video recording will be permitted during UAS training. 6. The Program Coordinator will ensure policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities and ensure that all operators have completed all required Department approved training and received certification in the operation, applicable laws, policies and procedures regarding use of the UAS. B. UAS Use 1. The Department will obtain all applicable authorizations, permits, or certificates required by the FAA prior to deploying or operating any UAS, and these authorizations, permits, and certificates will be current and will be maintained by the Program Coordinator. 2. The UAS will be operated only by personnel who have been trained and certified in the operation of the UAS. 3. The UAS trained and certified personnel will inspect and test UAS equipment prior to each flight to verify the proper functioning of all equipment and the airworthiness of the UAS. Prior to any flight, the Pilot will conduct an initial survey to ensure environmental conditions are suitable for safe flight and will perform a pre-flight check following the approved pre-flight checklist. Prior to any flight, a second officer must be at the Pilot's location to offer any assistance and to ensure scene safety. The second officer is not required to be an authorized operator. 4. The Pilot will make every reasonable effort to maintain a visual line -of - sight on the UAS. 5. The Pilot must yield the right-of-way to other manned or unmanned aircraft, and Pilots will not operate the UAS in a careless or reckless manner. 6. UAS operations may be conducted during daylight and nighttime hours with appropriate approval. Authorized operators must be familiar with emergency/contingency procedures including UAS system failure, flight termination, diversion, and lost link procedures. 7. The Pilots may operate in Class B, C, D and E airspace but are required to contact the local air traffic control to obtain permission prior to operating. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 4 of 9 MIAMIBEACH 8. The UAS operator will complete the post flight inspection and flight logs after each mission. 9. The UAS equipment is the responsibility of authorized Department Pilots and will be used with reasonable care to ensure proper functioning. Equipment malfunctions will be brought to the attention of the Program Coordinator as soon as possible so that an appropriate repair can be made or a replacement can be procured. 10. The UAS equipment and all data, images, video, and metadata captured, recorded or otherwise produced by the equipment is the sole property of the Department. 11. All flights will be documented on a form or database designed for that purpose. 12. Each deployment of the UAS will include information regarding the reason for the flight; the time, date, and location of the flight; the name of the supervisor approving the deployment and the staff assigned; and a summary of the activities covered, actions taken, and outcomes from the deployment. C. Pre-flight Briefing 1. A discussion held by the Incident Commander and PIC prior to aircraft launch which will include but not be limited to: a. Review of mission goals and objectives, including handoff procedures. b. Review of current and forecasted weather conditions and weather limitations on the mission. c. Identification of the mission, mission area, legal justification for the flight, any issues of concern or limitations and safety issues such as battery charge, GPS strength and potential for radio interference. d Review of the proposed flight area. e. Review of communications procedures between the PIC, Visual Observer, the Incident Commander and any other ground support. Review of emergency/contingency procedures, including aircraft system failure, flight termination, divert and lost link procedures. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 5 of 9 MIAMIB g. Review of video or still picture images available as determined by the mission. h. Execution of the pre-flight checklist. D. Restrictions on UAS Use and Deployment 1. The UAS will be deployed and used only to support official law enforcement and public safety missions. 2. The UAS will not be operated in an unsafe manner or in violation of FAA rules. 3. The UAS will not be operated when other manned aircraft are operating in the immediate area. 4. The UAS will not be operated in contradiction of the manufacturer's specifications or instructions. 5. The UAS will not be operated in situations where there may be an increased risk of injury to others in the operational area. 6. The UAS Pilot must ensure weather conditions are suitable for flight pursuant to FAA regulations. 7. The UAS will not be equipped with weapons of any kind. 8. Where there are specific and articulable grounds to believe that the UAS will collect evidence of criminal wrongdoing and/or if the UAS will be used in a manner that may intrude upon reasonable expectations of privacy, the Program Coordinator will ensure that a search warrant is obtained prior to conducting the mission, absent exigent circumstances. 9. The UAS will never be operated to conduct personal business of any type. E. Digital Media Evidence (DME) Retention and Management 1. At no time will any images be recorded without the prior approval of the Chief of Police or a Command Staff Officer designee. 2. All DME will be handled pursuant to Department policies and procedures relevant to the collection and preservation of evidence, and any other relevant Department policy and/or procedure on data and record retention. 3. All DME will be securely downloaded at the completion of an approved mission. The UAS trained and certified operators will record information for each file that will include the date, time, location, and case numbers or other mission identifiers and identify the UAS personnel involved in mission. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 6 of 9 4. Officers will not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner UAS DME without prior written authorization and approval of the Chief of Police or designee. 5. All access to UAS DME must be specifically authorized by the Chief of Police or designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. 6. Files will be securely stored in accordance with Department policy and state records retention laws and retained no longer than necessary for purposes of training or for use in an investigation or prosecution. F. UAS Supervision and Reporting 1. A Command Staff Officer must authorize the use of the UAS. 2. UAS Incident and Crash Documentation - The Program Coordinator will be responsible for reporting any incidents to the FAA through the COA online system. 3. The Program Coordinator or designee will manage all deployments and uses of UAS to ensure that officers equipped with UAS devices utilize them pursuant to Department SOPs. 4. The Program Coordinator will audit flight documentation at regular intervals. Quarterly reports will be submitted to the Program Coordinator. The results of the audit will be documented and forwarded through the chain of command to the Chief of Police. 5. A mission may be preplanned or due to immediate exigent circumstances. The PIC will set up the mission by reviewing the weather, location and type of incident. The PIC will fill out the flight log and any other required documents. 6. Once the Command Staff Officer has approved a mission request, he/she will identify the PIC and Visual Observer. A safety officer can later be designated on scene. 7. The flight team is responsible for identifying any unsafe conditions at the scene and within the defined incident perimeter. This includes but is not limited to: a. The take -off and landing area should be free from obstructions, items on the ground and debris that may interfere with the rotors. This includes creation of a flight line from which other law enforcement officers must remain clear. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 7 of 9 MIAMI eEACI-1 b. The site must utilize a law enforcement officer to minimize civilian traffic or interference during the flight within the Flight Perimeter. c. The flight team will identify trees, bushes, power lines and other potential obstructions and coordinate the pre-flight briefing accordingly. d. The flight team should identify cell towers, TV and microwave sources, which may create interference with the flight equipment. The equipment will be tested on the ground to ensure proper communications and operation before flight. e. A copy of the current COA, flight log and Pilot certifications must be kept on-site at all times to ensure accurate and thorough documentation. 8. Flight Operations a. All flight operations will be conducted in accordance with the manufacturer's recommendations. b. If at any time the PIC and/or the Visual Observer believe there is a potential for air to air conflict, risk of harm to individuals or property, the PIC will immediately land the aircraft. c. In the event of lost communications with the aircraft, lost link procedures will be executed including immediate landing of the UAS. d. Launch and Recovery will be Vertical Take Off and Landing only (VTOL). e. Prior to take off the UAS will be calibrated a n d programmed to allow it to return to home if the signal is lost from the transmitter. 9. The Chief of Police or designee will publish a summary of the Department's deployment and use of UAS devices annually. G. Lost Communication Procedure 1. If there is any loss of communication between the Visual Observer and the PIC, the PIC will execute the lost link procedures. Once communications are reestablished the mission may resume. 2. If the PIC and Visual Observer lose site of the unmanned aircraft the PIC must initiate and follow lost link procedures as stated in the COA or immediately terminate the flight. Effective Date: 3/14/2017 Revised Date: SOP #160 Page 8 of 9 MIAMIBEACH H. Lost Link Procedure 1. In the event of lost communications or any other condition in which the continued flight of the UAS becomes unsafe, the Return To Home (RTH) procedure will be immediately initiated. 2. The Return to Home (RTH) function brings the aircraft back to the last recorded Home Point. In addition to the above reasons to manually activate the RTH feature, the RTH will automatically be initiated on low battery and failsafe. 3. The Home Point is the location at which the aircraft takes off when the GPS signal is on. GPS signal strength can be viewed through the GPS icon. When using Dynamic Home Point setting, the Home Point will be updated to the PIC's current position as he/she moves around and when the aircraft status indicator is green. 4. When using Smart RTH the PIC may control the aircraft's orientation to avoid collision when it is returning home. 5. The Low Battery RTH is triggered when the Flight Battery is depleted to a point which may affect the safe return of the aircraft. The threshold is automatically determined based on the current altitude and its distance from the Home Point. The aircraft will land automatically if the current battery level can only support the aircraft to land to the ground from its current position. 6. The failsafe RTH is activated automatically if the remote controller signal including the video relay signal is lost for more than three seconds provided that the Home Point has been successfully recorded and the compass is working normally. The operator can interrupt the RTH procedure and gain control of the aircraft if the remote controller signal is recovered. DOJ/am/pjp APPROVED BY: (1~4 Cg Daniel J. Oates Chief of Police Effective Date: 3/14/2017 Revised Date: SOP #160 Page 9 of 9 MIAMIBEACH