The Birmingham City Council voted Tuesday to let police write $500 citations for drones flown near ticketed events in the city. The timing is deliberate: the Magic City Classic brings Alabama A&M and Alabama State to Legion Field on October 31, and police asked to have the fine in place before the game. Councilor Hunter Williams said a second offense could lead to arrest.

The ordinance is the city’s enforcement tool for Alabama House Bill 429, a state law that took effect October 1. That law exempts any drone pilot who is flying lawfully under federal rules.

Alabama’s HB 429 Bans Drones Within 400 Feet of Ticketed Events

Alabama’s HB 429 makes it unlawful to fly a drone within 400 feet (122 meters) of, or above, a ticketed music, sporting or performing arts event held behind gates. A first violation carries a fine of up to $500. A second or later violation is a Class A misdemeanor.

In Alabama, a Class A misdemeanor carries up to a year in jail and a fine of up to $6,000. The enrolled bill passed the House on February 24 and cleared the Senate with an amendment on March 10. It lists seven exemptions: consent from anyone with legal authority over the event, operators flying lawfully under federal regulations, venue employees on the job, utility employees on the job, state agency, police, fire and emergency management staff on official business, middle and high school sports, and landowners flying their own drone over their own property. That last one excludes commercial flights and any flight that records, monitors or carries a message.

The police exemption covers Birmingham’s own fleet. The council approved $1.5 million for 16 DJI Matrice 4TD drones for the department last year.

The FAA Stadium TFR Cancels the Exemption at Legion Field

HB 429’s federal exemption does not help anyone flying near Legion Field during the game. The stadium seats 71,594, and the FAA’s stadium flight restriction covers NCAA Division I football in stadiums of 30,000 seats or more, banning drones within 3 nautical miles and below 3,000 feet.

The restriction runs from one hour before the game until one hour after it ends. For a hobby or Part 107 pilot, only an FAA waiver lifts it. A pilot flying in that window without one is not flying lawfully under federal rules, so HB 429’s exemption does not apply. ABC 33/40’s report on the October 13 committee meeting noted that a Part 107 certificate alone does not necessarily exempt an operator, and that officers would also check whether the event organizer authorized the flight.

This is the same restriction the University of Alabama cites when it bans drones over Bryant-Denny Stadium on game days. HB 429 only reaches drones within 400 feet of the event. A drone a mile from Legion Field still breaks the TFR, and that remains a matter for the FAA.

Birmingham Officers Must See the Operator Before Issuing a Citation

Williams said an officer has to see the person flying the drone before writing a citation. Under the ordinance as presented to the committee, a first offense can be paid like a ticket. No court date is needed until a second offense, which requires a court appearance.

Williams said the ordinance gives police “a tool to keep our visitors and our citizens safe” at large events, according to ABC 33/40. He said drones over crowds are a security risk, especially if someone attaches an object to one. Police told the committee they already have drone detection equipment and are still building out that capability.

Seeing the operator is harder than seeing the drone, but Alabama police have done it before. In 2024, Gulf Shores police arrested a Foley man who flew over the Hangout Festival. They had watched where he launched the day before and waited for him there. Gulf Shores’ beach ordinance carried the same $500 maximum fine.

DroneXL’s Take

I like how this law is built. HB 429 doesn’t invent new airspace or a state drone registry. It defers to the FAA and gives local police a ticket for flights the FAA’s own rules already ban, which is what the stadium restriction always lacked. The FAA writes the rule, but it isn’t standing in the Legion Field parking lot on game day. My worry is the exemption’s wording. It covers operators “authorized by federal regulations,” and recreational flyers fly under a federal statute, 49 U.S.C. 44809, not a regulation. A hobbyist flying legally near a concert could end up arguing statute versus regulation with an officer who was told to look for a Part 107 certificate, and I suspect the officer wins that argument on the night. If you’re going to the Classic on October 31, leave the drone at home.

Sources: ABC 33/40, Alabama Legislature (HB 429 enrolled text), FAA

DroneXL uses automated tools to support research and source retrieval. All reporting and editorial perspectives are by Haye Kesteloo. Read our editorial standards.