NUMB:
970253
VERS:
SUBSTITUTE 2
REF:
XXBY:
ALD. WITKOWIAK, PRATT, KALWITZ, HENNINGSEN, GORDON,
RICHARDS, NARDELLI, HINES AND MURPHY
TITL:
A substitute ordinance relating to excessive CB or shortwave radio transmissions.
SECS:
80-2 rc
80-6.5 cr
ANLS:
- Analysis -
This ordinance declares an excessive transmission to be a public nuisance. An excessive transmission is a CB or shortwave radio transmission that does the following:
1. Is an illegal transmission under federal guidelines and the Federal Communications Commission has not enforced the applicable federal law.
2. Interferes with a television, radio, telephone, computer or other appliance in another household or business in a manner that substantially affects the use and operation of the appliance during transmissions.
3. Interferes with a television, radio, telephone, computer or other appliance in another household or business in a manner that substantially impairs the quiet enjoyment of the property.
A notice to abate the nuisance shall be given to the person, firm or corporation owning, occupying, in charge or in control of the premises where the excessive transmission exists. The ordinance may be enforced by the police, building inspection or health departments.
BODY:
Whereas, Excessive transmissions from a citizens band (CB) or shortwave radio can seriously affect the functioning of nearby telephones, televisions, computers and other electrical appliances, often making such appliances unusable during excessive transmissions; and
Whereas, Federal law limits the maximum power of transmissions that can be legally broadcast by a CB or shortwave radio and the Federal Communications Commission (FCC) is charged with enforcement of that limit; and
Whereas, The FCC does not have sufficient resources to continuously investigate business and neighborhood complaints of radios transmitting with power in excess of federal limits; and
Whereas, Excessive transmissions from a CB or shortwave radio constitute an unreasonable activity and use of property that interferes with business activity, substantially harms the public health, safety and welfare, and significantly impairs the quiet enjoyment of area residents in the use of their property; and
Whereas, Therefore, excessive transmissions from a CB or shortwave radio are an unreasonable activity and use of property that constitute a nuisance which should be regulated by ordinance; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-2 of the code is repealed and recreated to read:
80-2. Authority of Departments to Abate Nuisances. 1. The commissioner of health, or the commissioner of building inspection when authorized by the commissioner of health, or their duly authorized agents shall have the authority to cause the summary abatement of any nuisance found on any premises in accordance with the procedure prescribed in s. 80-8.
2. Section 80-6.5 may be jointly enforced by the commissioner of health, the chief of police and the commissioner of building inspection.
Part 2. Section 80-6.5 of the code is created to read:
80-6.5. Excessive CB or Shortwave Radio Transmission. 1. DEFINITION. Excessive transmission is a transmission by a citizens band radio or shortwave radio that does the following:
a. Is an illegal transmission under federal guidelines and the Federal Communications Commission has not enforced the applicable federal law.
b. Interferes with a television, radio, telephone, computer or other appliance in another household or business in a manner that substantially affects the use and operation of the appliance during transmissions.
c. Interferes with a television, radio, telephone, computer or other appliance in another household or business in a manner that substantially impairs the quiet enjoyment of area residents in the use of their property.
2. DECLARED A NUISANCE. Excessive transmissions are declared a public nuisance.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96037.6
CAW
5/20/97________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96037.6
CAW
5/20/97