NUMB:
970823
VERS:
SUBSTITUTE 1
REF:
970253
XXBY:
THE CHAIR
TITL:
Substitute resolution authorizing the proper City officials to take action to resolve nuisances at properties which result from the use of citizens band radios.
ANLS:
_____________________________________________ -Analysis-
This resolution declares an excessive transmission to be a public nuisance. An excessive transmission is a citizens band or shortwave radio transmission that does the following:
1. Is an illegal transmission under federal guidelines.
2. Interferes with a television, radio, telephone, computer or other appliance in another household or business in a matter 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 resolution authorizes the proper City officials including the police, building inspection and health department, or city attorney to take the necessary actions to abate the public nuisance including court action and referral to the federal government. _____________________________________________
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 resou...
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