KPWMSpotter From United States of America, joined Dec 2006, 502 posts, RR: 2 Posted (6 years 3 months 1 week 6 days 23 hours ago) and read 13365 times:
Earlier today I was out spotting Daytona's race week flights when a very stern Volusia County Sheriff came by and spoiled all of our fun. Being less than 500 feet away from Embry Riddle's campus, I thought the police would be a little more lenient about students sporting cameras and scanners. I guess not.
Anyways, at the time I was stopped, I was parked on airport property. There is an undeveloped lot outside of the perimeter fence that the Daytona Beach Airport has been trying for some time to sell as hangar space. The lot is directly accessible by a public road, and is frequently used as overflow parking by the FBO next door. There is absolutely nothing in the lot other than dead grass and a gravel parking lot.
Since the lot is owned by the airport (therefore, the city of Daytona Beach), I had assumed the property was public use, as would be any other road or parking lot. There are no posted "no trespassing" or "no parking" signs, nothing to indicate that the area is off-limits. Therein lies my question.
Legally, what is airport property? Is airport property (outside of the fence, of course), considered public use? I know that you don't need to apply for a permit to use a city road, park, or beach, but what about publicly accessible airport property? Was the sheriff being over-zealous because of the activity near the airport, or was I un-knowingly trespassing on private property?
I directly asked the sheriff if the property was public use and he quickly responded with a "no," but law enforcement officials have blatantly lied to me before when they want me to leave an airport. Is there anyone around that actually knows the legalities of airport property in the US? Am I justified to return to my spotting location, or should I really go elsewhere?
scottieprecord From UK - England, joined Jul 2004, 1363 posts, RR: 7
Reply 2, posted (6 years 3 months 1 week 6 days 17 hours ago) and read 13262 times:
Personally, I would contact the airport administration if it at all become a recurring problem. I had a similar situation at SAT a few years back with a parking lot that was accessible to the public, but was checked regularly by airport police. After a few encounters with a particular officer, he played the criminal trespassing card. I later was able to meet with field manager and police chief, and it seems it came down mainly to ignorance. The airport didn't have any real policy set up for photographers, so it was purely at the officer's discretion. In the end they set up a quick system of ID-ing photographers and there wasn't a problem after that.
It really depends on each airport regarding their policies to photographers, but I think the higher-ups are much more likely to understand than the guy out in the squad car. But if admin say no, then you might very well just be out of luck; which, for me, has meant frequent, quick stops and a lot of driving waiting for arrivals.
saintex From Canada, joined Apr 2009, 176 posts, RR: 0
Reply 3, posted (6 years 3 months 1 week 5 days 20 hours ago) and read 13163 times:
The short answer is NO, airport property is not a 'public place' no matter who owns the airport.
Though I suspect in your case the cop was just lying to you and didn't know the exact situation. There's always one (at least) at every airport.