[HISTORY: Adopted by the Borough Council of the Borough of Marcus
Hook 6-3-1996 by Ord. No. O-96-2, approved 6-3-1996.
Amendments noted where applicable.]
A.
In the absence of adequate enforcement by the Federal
Communications Commission, the Borough will take all necessary and appropriate
steps to protect its residents from all electrical disturbances caused by
ham or citizen's band (CB) radio operators.
B.
No person or business shall conduct or permit any use
to be conducted which causes electrical disturbances, except from domestic
household appliances, to adversely affect any equipment outside of the property
from which the disturbance is being caused.
No ham or CB radio antenna shall be erected, constructed, maintained
or operated except in conformance with the following regulations:
A.
In a commercial, single-family or multifamily residential
zone subject to the provisions contained herein, such antenna shall be located
only in the rear yard of any lot. The antenna shall be located within five
feet from the principal building.
B.
The height of an antenna shall be restricted by the type
and/or class of license obtained by the resident of the subject property.
Such height restrictions are regulated by the Federal Communications Commission.
C.
While the overall height of the antenna during the operation
of the radio system is regulated by the Federal Communications Commission
Preemption Order, the Borough will require that the antenna be retracted to
a height not to exceed 10 feet above the highest point of the principal building.
D.
To construct an antenna of any height, the resident or
business operator must provide proof of his or her license from the Federal
Communications Commission. Additional published documentation from the Federal
Communications Commission shall be provided to verify the operator's license
class and therefore his or her antenna height request.
E.
All antennas and the construction and installation thereof
shall conform to the manufacturer's installation instructions and the BOCA
National Building Code and shall obtain certification from Underwriters Laboratories.
F.
All antennas shall meet all manufacturer's specifications,
shall be of noncombustible and corrosive-resistant material and shall be erected
in a secure, wind-resistant manner.
G.
Every antenna must be adequately grounded for protection
against a direct strike of lightning.
H.
The right to install a ham or CB radio antenna shall
run with the licensed operator. Once the licensee no longer resides at the
subject property, any antenna shall be removed.
Any person or business violating any provision of this chapter shall,
upon conviction thereof, pay a fine not to exceed the amount provided by statute.
Each day during which this chapter is violated shall be considered a separate
offense.
