[TowerTalk] Fwd: anti-climb, litigation, attractive

W0MU Mike Fatchett w0mu at w0mu.com
Sat Feb 11 13:49:40 EST 2017


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 at telus.net_ (mailto:jim.thom at telus.net)
>> To:  towertalk at 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 at aol.com>
>> To: towertalk at 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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