[South Florida DX Association] Re: [FLham] Re: [PBC ARES]
RE:Palm Beach County antenna zoning
Michael M. Raskin
rask1553 at bellsouth.net
Tue Dec 16 21:08:55 EST 2008
Hi Sherri - As an attorney and former (not anymore) volunteer counsel for the ARRL, I can tell you that there is more to it than just a statute to make it happen. The kicker here is "reasonably accommodate" and municipalities pick up on this. PRB-1 gives no guidance on reasonable accommendation. I have handled only a few cases here in South Florida and have been able to resolve all of them, except one, amicably with the part-time city legal counsel most municipalities use. One prominent case that I was the first attorney of record was for a ham that was arrogant and threw PRB-1 (literally) in the faces of the city commissioner. The ARRL actually fought this case on the appellate level and lost big time with the ham having to pay massive attorney fees on both sides. True, this was a rare case of arrogance, but I have found you can get more cooperation by being a part of the solution rather than a part of the problem. Remember, even if you "win" you still have to live with your neighbors. Not just in Chicago, but all politics is local!
Wishing you and David a Happy Holiday season,
73 & 88,
Mike, W4UM
Florida Contest Group
South Florida DX Association
Mid-Florida DX Association
----- Original Message -----
From: Sherri Brower
To: AI4WM
Cc: wa4zlw at arrl.net ; SFDXA ; K1CE Rick Palm ; brara at yahoogroups.com ; ARRL SFL Section ; Dave Messinger ; Pitts, Allen W1AGP ; pbcares at yahoogroups.com ; Frank London ; FLHam ; Victor Kieffer ; Maurice Dake ; soflahams at yahoo.com ; jtrg at yahoogroups.com ; list at k4fau.org
Sent: Saturday, December 13, 2008 11:31 AM
Subject: Re: [South Florida DX Association] Re: [FLham] Re: [PBC ARES] RE:Palm Beach County antenna zoning
Florida has had a law that mirrors PRB-1 since 1991.
I believe we were one of the first states to have one.
See below
125.561 Amateur radio antennas; construction in conformance with
federal requirements.--
(1) No county shall enact or enforce any ordinance or regulation which
fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
county with respect to amateur radio antennas shall conform to the
above-cited limited preemption, which states that local regulations
which involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to represent the
minimum practicable regulation to accomplish the local authority's
legitimate purpose.
(2) Nothing in this section shall affect any applicable provisions of
chapter 333.
History.--s. 1, ch. 91-28.
Note.--Former s. 125.0185.
166.0435 Amateur radio antennas; construction in conformance with
federal requirements.--
(1) No municipality shall enact or enforce any ordinance or regulation
which fails to conform to the limited preemption entitled "Amateur Radio
Preemption, 101 FCC 2d 952 (1985)" as issued by the Federal
Communications Commission. Any ordinance or regulation adopted by a
municipality with respect to amateur radio antennas shall conform to the
above cited limited preemption, which states that local regulations
which involve placement, screening, or height of antennas based on
health, safety, or aesthetic considerations must be crafted to
reasonably accommodate amateur communications, and to represent the
minimum practicable regulation to accomplish the local authority's
legitimate purpose.
(2) Nothing in this section shall effect any applicable provisions of
chapter 333.
History.--s. 2, ch. 91-28.
Sherri Brower, W4STB
ARRL Southern FL Section Manager
AI4WM wrote:
> The problem is that PRB-1 has no teeth. Never did and probably never
> will. What FL needs is a statute like PA just passed or what VA has
> had. Their statutes dictate what CAN be done. We hams need to work
> more with our state legislators and get better legislation rather than
> the vagueness from PRB-1.
>
> Besides all this should come from the FCC who should be, but usually
> has been shirking their responsibilities, responsible for radio law
> enforcement.
>
> 73,
> Bill
> AI4WM
>
> On Mon, Dec 8, 2008 at 11:45 AM, Leon D. Zetekoff
> <wa4zlw at backwoodswireless.net> wrote:
>
>> Warren...check with the folks at league HQ and get their reaction. I used to
>> live in Boca, I feel your pain.
>>
>> 73 Leon wa4zlw
>>
>> Warren Rothberg wrote:
>>
>>> Yes, I have done all that. Today I spoke with a Principle Planner in the
>>> Code Division. Based on input they received from a "group of hams" when they
>>> were wording the code, installation of ANY Amateur antenna on a multi-family
>>> dwelling (HOA, COA, Townhouse, Apartment Building, High Rise, etc.) is NOT
>>> permitted under any circumstances. The only way to change this is through
>>> the County Commissioners during the once per year code review. Under the
>>> best of circumstances, this change in the ordinance could not take effect
>>> until late next year. And only if the County Commissioners care enough about
>>> it to put it on their agenda at all.
>>>
>>> I asked about PRB-1 and the Florida Statute Title XII, Chapter 166
>>> (166.0435) which is a Florida Statute that is basically a word for word
>>> repeat of PRB-1. She said that they have provided "reasonable accommodation"
>>> in allowing antennas on single-family detached dwellings. And "reasonable
>>> accommodation" is a matter of THEIR interpretation.
>>>
>>> So all you folks out there who have put up antennas on multi-family
>>> dwellings should be gratified to know that your installation is illegal.
>>> This appears to be the end of my tale.
>>>
>>> Warren, W4WR
>>>
>>> -----Original Message-----
>>> *From:* Victor Kieffer [mailto:vkieffer3 at bellsouth.net]
>>> *Sent:* Monday, December 08, 2008 10:28 AM
>>> *To:* w4wr at bellsouth.net
>>> *Subject:* Palm Beach County antenna zoning
>>>
>>> Warren:
>>>
>>> The best way to do this is to get on the Internet and go to
>>> www.pbcgov.com/pzb/ <http://www.pbcgov.com/pzb/> .
>>>
>>> [snip]
>>>
>>> 73,
>>>
>>> Victor Kieffer
>>>
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