I suggest that if this is a concern to anyone that they should hire the
appropriate legal counsel in their state. I don't believe anyone on
this list has been hired to provide advice to the poster and licensed
lawyers would not provide an opinion in a forum such as this.
Anything you read here, may or may not apply to you and your situation
and state.
W0MU
On 2/11/2017 3:24 AM, Roger (K8RI) on TT wrote:
Last I heard, it depends on the jurisdiction, but from pre teens
through teens, they are likely to take any measures as a challenge.
In many jurisdictions, it matters not to what lengths you go, if they
can circumvent what ever measures you take, you can be found guilty.
Add to that, civil suits. They are likely to be more generous with
awards than criminal proceedings.
73, Roger (K8RI)
On 2/10/2017 11:16 PM, Hans Hammarquist via TowerTalk wrote:
Jim,
The thing is that, according to what I read, you have to fail ALL
the five
point in order for some courts to find you responsible. I believe
that you
have to fail at least some of them. If you put up a fence or anticlimb
device you should be relatively safe. No, I don't think it can be
considered
"cost efficient" to use illuminated signs with motion detectors etc.
A fence
around your entire installation with guy wires etc should be
considered,
from y point of view, enough.
You can never stop anybody that is determined enough. If somebody
wants
dearly to climb your tower they will. You can't stop them. I would
like to
see, no actually I wouldn't, that court that will hold you
responsible for
that. The same way, if somebody breaks in to your house and get
injured a
court will not hold you responsible for that. Yes, there are myths
around it
how a bungler slips on ice when breaking in and the owner end up paying
compensation but nobody can show where this happened.
Anyhow, an anticlimb something and a few signs should be enough for
most
situations if I read it right.
Hans - N2JFS
____________________________________
From: _jim.thom@telus.net_ (mailto:jim.thom@telus.net)
To: towertalk@contesting.com
Sent: 2/10/2017 1:52:04 P.M. Eastern Standard Time
Subj: [TowerTalk] anti-climb, litigation, attractive
Date: Thu, 9 Feb 2017 18:36:41 -0500
From: Hans Hammarquist <hanslg@aol.com>
To: towertalk@contesting.com
Subject: [TowerTalk] Fwd: Fwd: anti-climb, litigation, attractive
nuisance
I do believe that if you put up the anti-climb planks or a
reasonable high
fence around the tower and add signs warning about the danger you
should
be relatively safe. Regarding high RF levels I suggest that you keep
this
under control so you can interrupt transmission if somebody enter
that area.
A better alternative would be to avoid high RF levels at ground
altogether.
73 de, Hans - N2JFS -----
## and if you post signs, they had better be in several languages.
They
should also be illuminated at night, like perhaps a motion detector
led..and perhaps powered from a UPS supply.
And if you mark the signs...danger. Danger from what, falling
yagis, or
falling ice, or your shunt fed 160m Tower.
And if marked ..danger. That implies the tower is a dangerous hazard.
You just implicated yourself, good luck with that. One of the local
hams
used three 4 x 8 sheets of plywood on the base of his trylon tower.
Painted em white. Easily removed when required. At the telco I
worked
at, we used 4 sided steel fencing, non climbable, and barbed wire
facing
outwards at the top, at a 45 deg angle... for both towers, and also
guy anchors. Teen aged kids and guy anchors are a bad mix. Base of
tower + equipment buildings were also fenced off with an 8 ft tall
fence +
more barbed wire.
Jim VE7RF
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