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Town of West Bend, WI proposing ham unfriendly zonining ordinance

Discussion in 'General Announcements' started by WB9JPH, Aug 16, 2019.

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  1. WB9JPH

    WB9JPH Ham Member QRZ Page

    Fellow Hams:

    The Town of West Bend is proposing a zoning ordinance that is not very friendly to ham radio.

    Among the highlights to this revised zoning ordinance include: Ham Radio antenna towers and antennas may now be put up in residentialy zoned areas WITH a Conditional Use Permit, and the Town reserves the right to order the same removed IF the Town receives RFI complaints.

    I guess this is an improvement from the original proposed ordinance where ham radio antennas and towers were banned in residentialy zoned areas period dot.

    Here is a revised draft of the proposed ordinance:

    http://townofwestbend.com/uploads/ckfiles/files/PPH DRAFT T_ West Bend ZO Jul 19 (TRACK CHANGES)(1).pdf

    The hearing is at the Town of West Bend Town Hall on 8/22/19 at 6:30PM. My information is that everyone will be allowed 3 minutes to speak IF you sign up on the list before the meeting starts.

    If you live in the Town of West Bend, or are concerned this kind of ordinance could spread to your area, please attend and voice your opinion.

    Please get the word out to fellow hams and on local nets and repeaters.

    73
    John
    WB9JPH
     
  2. VE3XIN

    VE3XIN Ham Member QRZ Page

    It looks like those bureaucratic folks did BEND their brains very hard around coo-coo's nest!
     
  3. WQ4G

    WQ4G Ham Member QRZ Page

    The doesn't sound legal to me. Especially the rfi part. It was determined long ago that transmitters don't cause interference. Interference is caused by crappy receivers.
     
    KK3Q and K4PIH like this.
  4. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    The federal government completely occupies the field of communications regulation in the US including radio interference. States, counties or local governments have no jurisdiction over interference or RFI. Also, see PRB-1 regarding limitations on what a state or local government may regulated regarding antennas.

    If I were you I'd contact the ARRL right away to get the name of a volunteer counsel in your area to look at this. He or she might provide input to the town or help you provide input to the town pointing out that their ordinance would be illegal.
     
    KX4O, N4RRR and WR2E like this.
  5. KD0CAC

    KD0CAC Ham Member QRZ Page


    You might want to go back to your source on that ?
    Check out the bo-fang & FCC .
    Interference comes in many varieties - such as the bandwith that is allowed in a specific use .
    Making glaringly wrong statements to not help any cause ;(
     
    ND6M likes this.
  6. NN4RH

    NN4RH Premium Subscriber QRZ Page

    You know they will receive RFI complaints, even if there is no RFI. People will lie about interference and imagine things, just to get rid of the antenna.
     
    K4PIH, W4POT and W1BR like this.
  7. NN4RH

    NN4RH Premium Subscriber QRZ Page

    The actual language is a little more complicated than that ...

     
  8. WR2E

    WR2E XML Subscriber QRZ Page

    What page is this on?
     
  9. KQ9J

    KQ9J Premium Subscriber QRZ Page

    The ordinance states the amateur shall take reasonable steps to mitigate any interference caused. Then it says "within 12 months of the installation of a wind energy system....." when it talks about removal. Reading the whole of section 8 it
    would suggest that the phrase "order the removal of the system" applies to wind energy systems, not amateur radio towers.

    Bad proofreading job, or intentional distinction?
     
  10. N1OOQ

    N1OOQ Ham Member QRZ Page

    Wow. That has got to be the most intrusive, busybody thing I have ever read. It must have been created by someone in real estate... They seem EXTREMELY concerned about property values. Rules about everything from how visible your house is from a passing vehicle to the placement and maintenance of your shrubs. Very little about the things you might think a town government would be concerned about... Like maybe water supply, road maintenance, etc. Yikes. :eek:
     
  11. W1BR

    W1BR Ham Member QRZ Page

    How about zoning that requires a homeowner to correct interference caused to licensed radio amateurs by televisions, wall warts (switch PS) or other appliances? What is good for the goose is good for the gander. I wonder if they realize this is a two way street? If they don't fix it, the town can remove their TV.
     
    W2VW likes this.
  12. W2VW

    W2VW Ham Member QRZ Page

    These folks are attempting to outlaw sunshine and all naturally occurring isotopes.
     
  13. N0TZU

    N0TZU Platinum Subscriber Platinum Subscriber QRZ Page

    I meant to say above that I think the town’s proposed RFI clause is unenforceable, rather than illegal.

    Obviously it would be much easier to get them to revise the ordinance now than to fight it after it’s enacted. So the key is to make the town attorney and the town council aware that the RFI clause is unenforceable and they would possibly have to defend it in an expensive court case if they tried ( Plus for the rest of the ordinance, the usual admonition regarding overstepping what is allowed under PRB-1.)
     
    Last edited: Aug 17, 2019
    KX4O likes this.
  14. K3XR

    K3XR Ham Member QRZ Page

    The town will take the steps they deem necessary. The competence of the town attorney/solicitor is a major factor. In the end, if it comes to that, the courts will be the final arbiter.
     
  15. KS5I

    KS5I Ham Member QRZ Page

    If this is typical of what goes on in this town I'd move. Sounds more like California than Wisconsin.
     
    K3XR likes this.

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