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HomeMy WebLinkAboutOrdinance # 1837 ORDINANCE NO..1837 AN ORDINANCE CREATING THE CANTON CITIZENS BAND RADIO CONTROL ACT WHEREAS, United States Code, Title 47, Section 302a, gives the City of Canton t11e power to regulate and prohibit use of citizens band radio equipment not authorized by the Federal Communications Commission (hereinafter "FCC") as set forth in the Code of Federal Regulations. Title 47, Section 95.401 et seq, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: Section 1 APPLICATION All persons shall comply with these rules when operating a station in the CB Service from within the corporate boundaries of the City of Canton, Illinois, unless that person, station or entity holds a current and valid license in any radio service issued by the FCC pursuant to Title 47, United State Code. Section 301 and is operating within the parameters of that license. Section 2 DEFINITIONS AND ABBREVIATIONS A. Anter~rra means the radiating system (for transmitting, receiving or both) and the structure holding it up (tower, pole or mast) and everything else attached to the radiating system and the structure. B. CB means citizen band. C. Citizens Band Radio Service or CB Radio Service means private, two-way, short-distance voice communications service for personal or business activities or for voice paging. D. Citiu~ns Band Station or CB Station means a radio station transmitting in the CB Radio Service. E. Citizens Band Transmitter or CB Transmitter means: 1. An apparatus that converts electrical energy received from a source into radio frequency capable of being radiated; and 2. An apparatus authorized by the FCC, pursuant to an application filed after September 9, 1976, for use in the operation of a CB station F. CFR means Code of Federal Regulations. G. FCC' means Federal Communications Commission. `r H. Persoy~ means an individual. a corporation. a partnership, an association, a joint stock company, a trust, a state, territorial or local government unit, or `~" other legal entity. I. Radio Frequene~~ Inle~°ferc~j~ce means radio frequency energy which: I. Is radiated from a CB station; and 2. Interferes with the operation of electronic devices located off the premises of the CB station. Section 3 CHANNELS AND FREQUENCIES No person may operate a CB radio station on any channel or at any frequency other than the channels and frequencies authorized by 47 CFR 95.407 which is adopted herein by reference. Section 4 ANTENNA HEIGHT A. Antennas installed at a fixed location (whether receiving, transmitting or both) must comply with either one of the following: 1. The highest point must not be more than 20 feet higher than the highest point of the building or tree on which it is mounted; or 2. The highest point must not be more than 60 feet above the ground. B. Antennas mounted on a hand-held portable unit need not comply with the limitations imposed upon antennas installed at fixed locations- C. If the CB station is located near an airport. and the antenna structure is more than 20 feet high. additional restrictions may apply. Contact the nearest FCC field office for a worksheet to figure the maximum allowable height of the antenna. Section 5 AUTHORIZED EQUIPMENT A. No person may use a CB transmitter unless that transmitter has an FCC type- accepted label placed on it by the manufacturer. B. No person may make, or have made, any internal modification to a certificated CB transmitter. C. No person shall operate a CB transmitter which has been modified by anyone in any way. including modification to operate on unauthorized frequencies or with illegal power. Section 6 POWER REOUIREMF_NTS No person shall use a CB station transmitter with a power output exceeding the following values: 1. AM (A3)--~ watts (carrier power) 2. SSB--12 watts (peak envelope power) Section 7 POWER AMPLIFIERS PROHIBITED A. No person shall attach the following power amplifiers to a certificated CB transmitter: 1. External radio frequency (RF) power amplifiers (sometimes called linears or linear amplifiers); or 2. Any other devices which, when used with a radio transmitter as a signal source, are capable of amplifying the signal. B. It shall be presumed that a CB operator has used a linear or other external RF power amplifier if: L It is in CB operator's possession or on the premises from which the CB station transmits; and 2. There is evidence that the CB station operated with more power than allowed by Section 6 herein. Section 8 AUTHORIZED COMMUNICATION A. CB station operators shall transmit two-way plain language communications without codes or coded messages. Operating signals such as "ten codes" are not considered codes or coded messages. B. A CB station operator may transmit two-way plain language communications only to other CB stations, to units of the operator's CB station or to authorized government stations on CB frequencies about: 1. Personal or business activities of the operator or the members of the operator's immediate family living in the operator's household; 2. Emergencies; 3. Traveler assistance; or 4. Civil defense activities in connection with official tests or drills conducted by, or actual emergencies announced by, the civil defense agency with authority over the area in which the CB station is located. C. Operators may use the CB station to transmit a tone signal only when the signal is used to make contact or to continue communications. (Examples of circuits using these signals are tone operated squelch and selective calling circuits.) If the signal is an audible tone, it must last no longer than 15 seconds at one time. If the signal is a subaudible tone, it may be transmitted continuously only as long as the operator is talking. Section 13 REMOTE CONTROL A. No person shall operate a CB station transmitter by radio remote control unless-specific approval is obtained in writing from the FCC. B. In this section, remote control means the operation of a CB transmitter from any place other than the premises on which the CB transmitter is located. Section 14 TELEPHONE CONNECTION No person shall connect a CB station transmitter to a telephone, except as permitted by 47 CFR §95.420. Section 15 CAUSING INTERFERENCE PROHIBITED No person shall operate a CB station which causes radio frequency interference with the operation of any electronic device located in the City of Canton and off the premises of the CB station. If a City of Canton police officer determines that a CB station is causing interference with the electronic equipment of nearby premises adjacent to the CB station, the police officer may do any of the following: 1. Order the operator of the CB station and/or the occupant of the premises on which the CB station is located, to cease operation of the CB station during specified hours or times. 2. Have the CB station equipment inspected by a person certified as technically qualified to perform transmitter maintenance and repair duties in the private land mobile services and fixed services by an organization or committee representative of users of those services. Section 161NSPECTIONS OF CB STATION EQUIPMENT AND CB STATION RECORDS A police officer may inspect CB radio station equipment and CB station records whenever the officer has probable cause to believe that a CB station operator, or person in possession of CB radio equipment, has interfered with the operation of electronic equipment of another by means of radio frequency interference. Section 17 TRANSMITTER SERVICE A. The operator may adjust an antenna to the CB transmitter and make radio checks. B. The operator is responsible for the proper operation of the station at all times and is expected to provide for observations, servicing and maintenance as often as may be necessary to ensure proper operation. All internal repairs or internal adjustments to the CB transmitter shall be made in accordance with the Federal Regulations. .a Section 18 PENALTIES Any person who violates any of the provisions of this section shall be subject, upon conviction, to a fine of not less than $75.00 nor more than $750.00 for each violation and the Court may order that any and all equipment, whether electronic or otherwise. used to commit a violation of this ordinance be surrendered to the City of Canton. Section 19 CONSTRUCTION Nothing contained herein shall be construed so as to abrogate or suspend any of the terms or provision of any other City Ordinance. except as herein specifically provided. Section 20 SEVERABILITY The City Council hereby declares that should any section, paragraph, sentence or word of this ordinance be declared, for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the elimination there from of any portion as may be declared invalid. Section 21 EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois. and approval by the Mayor thereof. Passed by the City Council of the City of Canton, Fulton County. Illinois at a regular meeting this _ day of _~~, 200, upon a roll call vote as follows: AYES; .Aldermen Satfr, i~lolleck, Harn, Carl, Hartford, Reed, West, NAYS: None. ABSENT: Alderman Fi:llingha<n. Appro Jerry M. Bohler, Mayor AGttest: I Nancy Whit , ,City Clerk