Village of Kenmore adds $1000 permit fee for amateur radio antennas

YANK out all the stops!

I don't know the particulars, but Direct Broadcast Satellite (DBS) antennae installations cannot be regulated by local municipalities. The dishes have to be where they work the best.
As an example, to get DirecTV or DishNetwork, I'd have to have a tower nearly 140' tall to clear the pine trees on surrounding hills. There is no "shoot through."
I don't know the Kenmore terrain, but in my case, I'd love to put up the DBS antenna at 140' and then plop a 10 element, 20 meter beam on top of that. Tower would probably wiggle in the wind enough to drop the picture, but I don't watch TV enough anyway.
Anybody know where to find those rules?

 

I agree.. you make some very good points in your post.

 

If ARRL, or some wealthy ham, wanted to spend the bux, a First Amendment issue might be pursued.
Ham radio is a form of free speech (communication).
You don't need a permit for a telephone, cellphone, TV set, TV cable, computer/internet access (other communication forms requiring equipment).
As long as you have the FCC license you should be good to go with whatever you (PRB-1) reasonably choose equipment-wise....
Sue the fascist pigs for messin' with yer Civil Rights.....

 

That town is a bit harsh in other things too:

Plumbers wishing to do work in the Village are required to file an application with the Clerk/Treasurer’s Office and pass an examination.The Board of Trustees must approve each designation of Master Plumber.The license is valid for one (1) calendar year. The Master Plumber’s license must be renewed annually.The Board of Trustees may revoke or suspend any license for a violation of any state of local laws relating to plumbing or for work which constitutes a violation of the zoning ordinance.The license may also be revoked or suspended if the plumber does work without first procuring any necessary permits.

http://www.villageofkenmore.org/index.php?option=com_content&view=article&id=93&Itemid=99

[FONT=Tahoma, Arial, sans-serif]Since when do plumbers need to pass a TOWN SPECIFIC exam and have a separate TOWN SPECIFIC license?[/FONT]

[FONT=Tahoma, Arial, sans-serif]If you read more of their web site you get the feeling the whole town is more of gigantic HOA:

[/FONT]The American Planning Association recently named the Village of Kenmore as “One of the Top 10 Great Neighborhoods” in the United States for 2009, as part of its Great Places in America Program. The program recognizes 10 communities throughout the country for exceptional character and planning.

 

Another example that government is out of touch. Here in Ottawa Canada we can go to 56 feet with no permit.
If you live on one acre or more you can go to 80 feet with no permit.

Good Luck

 

I am willing to wager that they never send anyone out to check on any antenna's, towers, etc. They are simply looking for money that will go into a general fund to do with as they please. I would like to be the consultant on structures and antenna's and I would charge the city $1001.00 for each application.

 

But... but... but, it's for the greater good.

And the Clerk even spelled the term used for Amateur Radio as "HAM", asserting some serious authority to the argument.

I am certain at least some the 65 licensed Amateur Radio operators will be duly impressed, knowing they will not at least be allowed to put up a tower. Yeah... we really need more government.

 

I'm very interested in the progress of this situation, as I have a similar matter occuring in my area (Prince George's County, Maryland). We are trying to erect a solely Part 97 tower, which will mostly serve the ARES/RACES cause. It is within the confines of a planned retirement community (whose residents subquently founded a Radio Club dedicated to serving the local ARES/RACES). While we're not being subjected to the commercial regulations of tower erections, as the County law for that does NOT include towers erected under Part 97 of the FCC rules or towers on private property, I am however working with the HAMs because they are required to add the tower as an addition to the Neighborhood Development Master Plan - the Developer's amendment needing to be approved by the Planning Board, as it was not orginally inculded.

I'm also concerned about what seems to be an issue in this New York Village that, what's not mentioned by law is forbidden, such is not the case in the US, unless it's a subject covered in the US Laws or the Common Law - but, as I'm not an attorney, perhaps I'm wrong as well...

I'm thankful for the link to PRB-1 (1985) MEMORANDUM OPINION AND ORDER (FCC 85-506), as this explains our plight in great detail. I will bring this document to the attention of the Planning Department staff member in charge of reviewing our application, and hope they determine that we are exempt from the requirments of this application process in the first place.


73,


-KB3VWG

 

Just letting everyone know that I have been in contact with the ARRL and I am getting the villages general counsel contact info to forward it along.

I am a newer ham... only active sporadically when I have time... I have a two meter diy j-pole on the house and a ZS6BKW that runs from the back of my lot to the front over the top of my home. I checked the local laws at the time and found none that covered me so I figured I was fine.

I have no plans to erect a tower. It would not fit my neighborhood and what I have meets my needs... Not to mention I have country property (http://youtube.com/buffcleb - http://www.bethnchris.com) that I could put a tower up at later if/when I want to...

The fees when compared to other permitting fees are out of line... I think I could demolish my home and rebuild it and pay less in permits...

I was upset when I read about the new laws and regulations but figured I would be grandfathered in... after all my antennas pre-date the regulations... but the clerks contention that all antennas were basically illegal and the village is doing me a favor by passing this law is what really irked me. I specifically asked about antennas that were similar to mine, using images I found online (would not use my own) as examples and was told I would have to apply for a permit to find out if they were covered by the law... those two things pushed me over the edge...

I am a new ham. Kenmore has a small number of hams (65 or less)... perhaps some of the larger community would want to let our clerk and mayor know what the fees / permitting is like in their towns. Does anyone have a permitting fee as high or higher then we do? what is your fee if you have one? what are your requirements? what can you do without getting a permit? etc?

both the mayor and the clerk has their email listed on the village home page on the lower left hand side : http://www.villageofkenmore.org

don't be rude but rather seek to educate...

 

You're right. Kenmore is notorious for nailing people going 1 or 2 MPH over the speed limit. The village funds itself almost entirely through speeding violations.

That sad part is, to the best of my knowledge, an active ham is a member of the Village Board. Take it how you want.

I'm one of the Asst. Section Managers for the area and president of the largest ham club in WNY. I've notified all the proper channels, but haven't heard anything back.

 

Generally Plumbers (Journeyman and Master) must have 1-2 years on the job experience and then pass a State license exam. Same for Electricians, etc. It is not unusual to need a business license to work in each specific town/city and county. But the licensing is usually left to the State. A business license can cost from $50-500 annually for most small business and is why some only work in larger cities where they will have a larger customer base to draw on. And some cities/towns/counties require liability insurance that names them as being covered in suits against you or your workmanship so people can not sue the city for letting you (or licensing you) to work within their boundaries. I can't imagine how a place as small as the Village of Kenmore could have their own skill based exams! Next thing they will want Hams to pass a licensing exam to operate in their village! I got my start in Ham Radio in Kenmore a little over 50 years ago and it was a nice friendly place back then. I live in a HOA in Florida now and I bet if I donated $1000 to them they would let me put up a tower if I wanted. But I'm more interested in moving where there are no restrictions and doing fine with antennas in my attic in the meantime.
Tom, AJ4XM

 

Yep! As I sit here reading of this travesty, somehow I am not shocked. In a state which seeks to deny its citizens the means to protect themselves from criminals, should such rule making be a surprise. I wish the hams well in this place but would not hold my breath.

 

welcome to the police states of America where the freedom has left and government can no longer be trusted..

 

One of the ARRL volunteer Counsel happens to live in Kenmore. I suggest you contact N2HP.

 

I used to live in a suburb roughly the size of Kenmore. It was small enough that the code inspector could ― and would ― drive every street every day ferreting out violations ranging from hot water heaters being replaced without a permit and missing-pet posters on utility poles. Where I now live, my next-door neighbor is the mayor. I've never heard a peep about my antennas.