Maybe I'm missing it, but what in the photo are you basing your assumption that the photo was from a drone? It could easily have been taken from a helicopter, for example, and the general lack of resolution reinforces that thought to me.
Also, it's definitely possible to get an airspace waiver to fly within 5 miles of an airport, so that's another possibility of doing it legally. Those airspace authorizations for low level flights aren't particularly difficult though get, as I understand it (I'm a pilot, but not a drone pilot, though I know a few)