In rec.radio.amateur.misc N9OGL wrote:
On Dec 15, 6:30Â*pm, wrote:
In rec.radio.amateur.misc wrote:
On Mon, 15 Dec 2008 16:28:10 -0800 (PST), policy-ham
wrote:

Palmdale, "Kalifornia" is attempting to outlaw amateur radio. Â*The
city of Palmdale has now passed a draft zoning law that proposes an
enforcement unit that could seize amateur radio equipment and restrict
antenna height to one inch above a fixed structure's roof.

It also applies to mobile and portable operation using an HT. They can
even arrest you and take your HT just for walking down the street and
talking on it.

I am not kidding. Here is a link to the actual proposed ordinance
where you can read it for yourself.
http://www.cityofpalmdale.org/city_h...spl120479c.pdf

Cities, or even States, can NOT regulate or restrict, ham radio.

Sure they can; all they need to do is pass an ordinance.

Whether or not someone has the resources to file a court challenge
and fight it is a separate issue.

--
Jim Pennino

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technically no they can't, Congress passed a law in 1983 giving the
FCC full authority of RF energy also in the 1980's the FCC passed
PRB-1 which exempts amateurs to some degree, for example any ordinance
that bans all antenna violates PRB-1. Any ordinance created must use
the lease restrictive means to serve the government interest.

Technically, yes they can.

A city can pass an ordinance making it illegal to wear a white shirt
and it is law until challenged in court.

And, for what it is worth, California adoptd AB 1228 in 2003 which
basically makes PRB-1 part of state law.

Neither AB 1228 nor PRB-1 mean anything until a locality passes and
enforces an ordinace contrary to state and federal statute AND an
individual is "harmed" by the ordinance AND the individual challenges
the ordinance in court.


--
Jim Pennino

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