Important hearing in Brevard County, FL

Wisconsin has it's own state law, which prohibits local and county law makers from imposing any restrictions on antenna/tower height or imposing any fees associated with permits etc. This is the way to go on this. Get the state to block the cities/counties etc from imposing restrictions/fees. If anyone is interested I think I can get a copy of the state law.

Dave
W9FDA

 

4--></span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (W4TAT @ Mar. 28 2003,054)</td></tr><tr><td id="QUOTE">The Commission meeting was requested to educate not offend. I have approached the issue that a 35 foot height limit on antennas unless a Conditional Use Permit is granted is a surefire way to diminish the Emergency communications abilities of Brevard county as a whole and this in turn jeopordizes the Health and safety of ALL the citizens not just amateurs. The County govt. created these ordinances to protect the health, safety and quality of life of the residents, but in doing so is drastically reducing the effectiveness of Amateur Radio Emergency Services in the County which as we all know is the backbone of emergency response during a natural disaster or emergency and therefore the ordinances achieve exactly opposite of what they were intended to do. I enjoy volunteering my time, skill and equipment to various served agencies and participating in ARES. My reward was the self satisfaction of doing a service for my community, but when I am penalized financially by the very agency I serve for having the equipment to be an effective emergency communicator you have to wonder whats wrong with the big picture.
Thanks for all the ideas and support!
Bob W4TAT[/QUOTE]<span id='postcolor'>
I can't believe that as a American anyone would simply take the stand that it is anything but your RIGHT to put up what you wish on your own property. I live in North GA and there would be a RIOT amongst the local citizens if the county said we could not put up a tower.
Perhaps the RIGHT to VOTE needs more exercise in your area. The influx of folks from cookie cutter communities can make things rough, but the comments mentioned by Matt are down right dangerous. I sure hope you don't reflect any sentiment outside your own thinking. that type of thinking is why the Governments can get away with some of the junk they do. People are fighting and dying to allow a nation to have the very freedom you have simply shrugged off as a ordinance.

Apathy is a very dangerous thing sir.

 

I am into a similar conflict. I live in a Condo in Cape Canaveral, and am active in SKYWARN, Hurricane Net, ARES, etc. -- I need to convince the Association to allow me to put up even a small vertical or discone for 50-440 Mhz on the side of my exterior AC unit (say) up on said roof - Especially in these War and Terror-threat times.  :-(

They have a "No Roof Antennas" constraint created to prevent the 1989-version Dishes (with a lot of Wind resistance) and other satellite antennas from sprouting up there.  

Wonder if PRB-1 or it's outflows could be used here, inerpreting the Association as a "local authority", seeing as it does not SPECIFY "local GOVERNMENTAL Authority", per se, in PRB-1.. Hmmmm...

I also am NOT able to find the Antenna Regs mentioned below at the "Myflorida.com" Official site, nor at the ARRL Florida legislation links - Anyone found them?

Anyone think I have any hope??  

Asking permission 3 years ago was a mistake -- perhaps it IS "easier to seek forgiveness than permission"??

73

Tom, W4NOV

 

Already three pages of opinions.

Relevant issue: You're playing with the big boys. Get the ARRL volunteer counsel involved, as soon as you can. Beyond that, you may not be well served by a gaggle of tee shirts with talking belts showing up at a public hearing.
You need your VC (and yourself) to meet with relevant county planning officials, to see how they intend to meet the very real health and safety and legal problems posed by the county's ordinance, BEFORE the public meeting.

You want to work with them privately, to reach reasonable accomodation, NOT publicly embarass them. You need to understand the subtle relationship between the county's planning staff, and the planning commission members, among other things.

The public hearing is usually the final act in an intricate ballet. It sounds like you're way behind in the program!

Jim/n2ea

 

Liberals will not even permit college students to display the US flag on school property for fear of "offending" those against the war. What makes you think that liberals will let you put up a tower? After all, your tower might "offend" somebody!

 

Bob:

Upon locating the law I see it's similar to yours. Except, up here the counties/cities dropped all their height restrictions when the law came out.

The $940 fee is ridicules and only exists to keep anyone from availing themselves of a permit. I would think your current state law is clear enough to put the kibosh on the county ordinance. Someone might have to "take it to
court" though, to get the ruling, if they don't respond to the numbers at the public hearing.

Our law.....

62.23(7)(hf)
(hf) Amateur radio antennas. The governing body of a city may not enact an ordinance or adopt a resolution on or after April 17, 2002, or continue to enforce an ordinance or resolution on or after April 17, 2002, that affects the placement, screening, or height of antennas, or antenna support structures, that are used for amateur radio communications unless all of the
following apply:

62.23(7)(hf)1.
1. The ordinance or resolution has a reasonable and clearly defined aesthetic, public health, or safety objective, and represents the minimum practical regulation that is necessary to accomplish the objectives.

62.23(7)(hf)2.
2. The ordinance or resolution reasonably accommodates amateur radio communications.

Dave
W9FDA

 

Bob, I'd give the ARRL some feedback on that $60,000 price tag the VC quoted you. That's more ridiculous than the $947 permit fee. They can't keep the riffraff out of the VC program if they don't get feedback.

Good luck in your efforts!

 

Bob (W4TAT):

I agree, that under your circumstances (10+ acres) "reasonable accomodation" should be anything legal, and I can't imagine any Health or Safety consideration your county could have, (other than possibly requiring a standard building permit.) The application fee is quite unreasonable for a non-commercial operator in a non-residential area. And the Volunteer Counsel is no help either; is there another VC or lawyer you can contact?
I agree, stress the public service aspect of your request for a tower, and I wish you luck.

 

</span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (n8ary @ Mar. 27 2003,17:58)</td></tr><tr><td id="QUOTE">I wish the federal law would be specific enough to override local laws and to provide a nationwide rule for everyone.  [/QUOTE]<span id='postcolor'>
This is the same way law enforcement and legal handgun owners have felt for years. If they can't get their act together on that subject (which is mentioned in the Bill of Rights) it might be wishful thinking they will on a hobby vs. zoning issue. The states need to codify PRB-1, as many have, and get the dimwit local zoning guys out of the picture.

Mark

 

Despite the other comments here, I do NOT feel this is a place where "asking forgiveness is easier than asking permission."

If an antenna installation (even if it MIGHT have been approved by going through the legal hoops) is found to be installed with improper or non-existent permits, or against current restrictions, not only could fines be imposed, but the municipality, town, county, (whom ever) could also demand the tower be "removed." If you want to take that chance, that's obviously a personal choice, but be aware of the potential legal and/or financial risk.

 

As far as the "better to ask forgiveness than permission" statement. My opinion would be that maybe the case - however, on the other side of the coin - if we want to get these ordinances changed, violating them in the first place is NOT the way to do it. That will only give the counties more amunition to say that Amateur Radio Operators cannot follow simple rules. I doubt that this is something we need to follow us into those meetings and hearings to get things better.

Just my two cents. If anyone has the web site available for the state laws concerning amateur antennas in Illinois available I would appreciate it being posted here.

Thanks and 73
Kc9AOY

Steve

 

Bob
W4TAT

I would approach several TV network affiliates.

Explain how during this time of risk of terror to our country and your needed ability to provide emergency communications at your expensive for the community's benefit in fulfillement of the emergency communications need of the Homeland Security advisory for emergency preparedness for our citizens. Saying that paying $941 indifference to other permiting fees suggests that Brevard County doesn't seem to you or your kind helping the citizens if something happens. Tell them that this is a growing trend because of deed restrictions as well as what other juristitions are doing, ham radio may be severely impeded in Brevard (gives a regional/national tie in as well)

That might be a hook for one or more stations to attend and cover the upcoming County Board Meeting.

Nothing changes minds like a $30,000 TV camera with a Network logo on it pointing in their direction.

Get them to interview you with fellow hams nearby on camera, right outside the chambers doors before your item comes up so the Board can see the light on the camera shining through. Act civil of course.

God Bless!

Louie
W4LOU

 

All,
I was unable to attend the Brevard meeting due to work but please post the outcome of the hearing here. I DID write all the county commissioners to try and help sway the opinion. Thanks to all who went!

73,
Walter KT4JA

 

I was also unable to attend due to work. I will let someone who was there fill in any details. The end result as it was relayed to me is that the commission appeared to understand that the existing regulation is overly restrictive in regards to amateur radio antennas. The commission asked staff to begin the process of drafting changes to the ordinances in question.

We still need to continue to follow this and make sure the changes the county staff draft are appropriate and we will have to continue to go to meetings and speak in favor of those changes as they go through the public comment period. There needs to be hams prepared to speak every time this is on the agenda because we can be sure that some opposition will start showing up.