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 t...
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