Seems to me that particular ordinance would be overturned in court.
The city in question seems to be taking upon itself the regulatory and
enforcement power of the FCC.
======= At 2003-05-21, 10:51:00 you wrote: =======
>This may not have much to do with antennas, but it could be a concern for
>all hams in the future.
>CB operator charged under new city law
>By KRISTIN GORDON, firstname.lastname@example.org
>The Eagle-Gazette Staff
>Complaints from a group of neighbors experiencing interference on household
>appliances from phones and TVs to baby monitors have resulted in a court
>case against a local citizens band radio operator.
>James A. Disbennet, 48, 427 Harrison Ave., is charged with operating a CB
>radio exceeding 4 watts, a first-degree misdemeanor, and two counts of
>operating a CB radio without certification, a fourth-degree misdemeanor.
>Disbennet, whose handle is "Sugar Bear," answered a summons in Fairfield
>County Municipal Court last Tuesday and was released on a recognizance bond.
>In August 2002, Lancaster City Council was the first in the U.S. to pass
>such an ordinance, allowing the city to enforce rules set by the Federal
>Communication Commission regulating the strength of CB radios, said
>Assistant City Law Director Dave Trimmer.
>According to the ordinance, the definition of CB radio "includes all
>private, two-way, short-distance voice communications service for personal
>or business activities of the general public."
>In January, local residents began to log feedback problems they experienced,
>Trimmer said. Noise was reported on Harrison, Fifth and Washington avenues.
>One woman had problems almost every time she used her telephone. She said it
>interfered with calls such as learning a family member was in the hospital.
>Another woman heard interference over a baby monitor she keeps near her
>husband who suffered from a stroke. When she heard calls from a CB radio
>operator named "Sugar Bear" late at night, she would have to turn off the
>monitor so it wouldn't wake her husband.
>"Complainants must have a log of the interference for a minimum of four
>weeks and there has to be more than one complainant in order to file
>charges," Trimmer said.
>After a phone conversation with a woman on Harrison Avenue where he could
>hear interference himself, Trimmer went to the neighborhood to investigate,
>he said. He talked to a few individuals, including Disbennet, who said he
>was a CB radio operator but did not possess an amplifier to exceed the
>lawful power output.
>"It's a hobby," Trimmer said. "Sometimes these hobbies get in the way of the
>rights of the neighbors."
>On April 10, Tim Deitz, assistant superintendent of the city's Electrical,
>Communications and Signals Department, used a relative signal strength meter
>in the 400 block of Harrison Avenue to determine where interference was
>coming from. The signals he received came from Disbennet's home, which had a
>40- to 50-foot antenna attached to it.
>A search warrant was performed the next day by Lancaster police, who seized
>four pieces of CB radio equipment worth more than $1,000 from Disbennet's
>"We're obviously treading on new ground," said Scott Wood, Disbennet's
>attorney. "He's not been given any type of option to defend himself. This is
>a big hobby for him, something he enjoys doing.
>"It has him concerned, of course -- he could be facing jail time."
>The maximum penalty for a first-degree misdemeanor is a $1,000 fine and 180
>days in jail.
>Wood also is concerned about the case, which he's just begun investigating.
>"It's obviously a very interesting case -- this is the first ordinance of
>its kind in the country," he said. "But apparently, this ordinance was
>passed in August 2002 but was never published."
>According to the ordinance, No. 30-02, it was passed by council Aug. 26 and
>approved Aug. 28.
>The city started looking into the problem nearly two years earlier after
>neighbors on Talmadge Avenue started having problems, Trimmer said. The city
>received a petition with 28 signatures and contacted the FCC repeatedly
>about the problem of enforcement.
>Originally published Wednesday, May 21, 2003
>Michael Murphy - KD8OK
>See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
>Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any
>questions and ask for Sherman, W2FLA.
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