Unlawful use of unmanned aircraft over open-air facility, offense of

577.800. Unlawful use of unmanned aircraft over open-air facility, offense of — permissible acts — violation, penalty — signage. — 1. A person commits the offense of unlawful use of unmanned aircraft over an open-air facility if he or she purposely:

(1) Operates an unmanned aircraft within a vertical distance of four hundred feet from the ground and within the property line of an open-air facility; or

(2) Uses an unmanned aircraft with the purpose of delivering to a person within an open-air facility any object described in subdivision (1) or (2) of subsection 4 of this section.

2. For purposes of this section, "open-air facility" shall mean any sports, theater, music, performing arts, or other entertainment facility with a capacity of five thousand people or more and not completely enclosed by a roof or other structure.

3. The provisions of this section shall not prohibit the operation of an unmanned aircraft by:

(1) An employee of an open-air facility at the direction of the president or chief executive officer of the open-air facility;

(2) A person who has written consent from the president or chief executive officer of the open-air facility;

(3) An employee of a law enforcement agency, fire department, or emergency medical service in the exercise of official duties;

(4) A government official or employee in the exercise of official duties;

(5) A public utility or a rural electric cooperative if:

(a) The unmanned aircraft is used for the purpose of inspecting, repairing, or maintaining utility transmission or distribution lines or other utility equipment or infrastructure;

(b) The utility or cooperative notifies the open-air facility before flying the unmanned aircraft, except during an emergency; and

(c) The person operating the unmanned aircraft does not physically enter the prohibited space without an escort provided by the open-air facility; or

(6) An employee of a railroad in the exercise of official duties on any land owned or operated by a railroad corporation regulated by the Federal Railroad Administration.

4. The offense of unlawful use of unmanned aircraft over an open-air facility shall be punishable as an* infraction unless the person uses an unmanned aircraft for:

(1) Delivering a gun, knife, weapon, or other article that may be used in such manner to endanger the life of an employee or guest at an open-air facility, in which case the offense is a class B felony; or

(2) Delivering a controlled substance, as that term is defined under section 195.010, in which case the offense is a class D felony.

5. Each open-air facility shall post a sign warning of the provisions of this section. The sign shall be at least eleven inches by fourteen inches and posted in a conspicuous place.