(a) Definitions:
(1) The Citizens Band (CB) Radio Services includes all private, two-way, short-distance voice communications service for personal or business activities of the general public. The CB Radio Service may also be used for voice paging. See 47CFR95.401(a).
(2) CB station means a radio station transmitting in the CB Radio Service. See 47CFR95.402(f). A CB station includes all of the radio equipment (inclusive of antennas) that is used in order to transmit signals. See 47CFR95.402(f) and 47CFR95.426(b). A station that is licensed by the Federal Communications Commission (Commission) pursuant to Section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to the provisions of this Section. See Section (f)(2) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a).
(3) Use or operation is the act of using a CB radio or other equipment to transmit a signal in the CB Radio Service. Use or operation involves all radio equipment that is part of a CB station.
(4) Electronic devices include any electrical, electronic or any other devices capable of receiving interference.
(5) Interference is any abnormal sound, noise, rectification or operation of an electronic device that would be indicative of that device being subjected to a high radio-frequency field.
(6) Antenna means the radiating system (for transmitting, receiving or both) and the structure holding it up (tower, pole or mast). It also means everything else attached to the radiating system and the structure. See 47CFR95.408(a).
(7) CB radio equipment is any radio or other equipment capable of transmitting or propagating any RF transmissions within the CB Radio Services, including accessories, such as antennas.
(b) CB stations may transmit only on the following channels (frequencies):
Channel Frequency Channel Frequency (megahertz--MHZ) (megahertz--MHZ) 1 26.965 21 27.215 2 26.975 22 27.225 3 26.985 23 27.255 4 27.005 24 27.235 5 27.015 25 27.245 6 27.035 26 27.265 7 27.035 27 27.275 8 27.055 28 27.285 9 27.065 29 27.295 10 27.075 30 27.305 11 27.085 31 27.315 12 27.105 32 27.325 13 27.115 33 27.335 14 27.125 34 27.345 15 27.135 35 27.355 16 27.155 36 27.365 17 27.165 37 27.375 18 27.175 38 27.385 19 27.185 39 27.395 20 27.205 40 27.405 See Title 47, Sec. 95.407(a) |
(c) No operator of a CB station shall transmit, or any owner of a CB station shall allow another to transmit, on any frequency between 24MHz and 35 MHZ, other than those specified in subsection (b).
(1) Channel 9 may be used only for emergency communications or for traveler assistance. See 47CFR95.407(b).
(2) Each CB transmitter must be maintained within a frequency tolerance of 0.005%. See 47CFR95.625(b).
(d) No person shall operate a CB station’s transmitter with power output exceeding the following values under any conditions:
(1) AM (Amplitude Modulation)--4 watts (carrier power);
(2) SSB (Single Side-Band)--12 watts (peak envelope power). See 47CFR95.410(a).
(e) No person shall use or operate a CB transmitter unless it is certificated pursuant to the Communications Act of 1934 and its amendments (no CB transmitter manufactured after September 10, 1976 shall fail to possess a FCC certification). See 47CFR95.409(a).
(f) No person shall operate a CB transmitter that has been altered or modified without actual written permission allowing such modification, unless the modification is limited to the repair or servicing of a CB station transmitter or to the changing of plug-in modules. See 47CFR95.409(b).
(g) No person shall use or operate in any way:
(1) External radio frequency (RF) power amplifier (sometimes called linears or linear amplifiers). See 47CFR95.411(a)(1).
(2) Any other device which, when used with a radio transmitter as a signal source, are capable of amplifying the signal. See 47CFR95.411(a)(2).
(3) A CB transmitter with frequency determining circuitry (including crystals) and programming controls that are external to the transmitter or that are accessible from the exterior of the transmitter operating panel or from the exterior of the transmitter enclosure. See 47CFR95.655(b).
(4) Add-on devices, whether internal or external, the function of which is to extend the transmitting frequency capability of a CB transmitter beyond its original capability. See 47CFR95.655(c).
(h) If the subject matter of a complaint presented to a governmental agency involves CB radio transmissions interfering with electronic devices, such as speakers, garage door openers, home entertainment systems, data networks, electronic organs, televisions, radios, and telephones, not exclusively, the investigating agency may begin an investigation to determine if any CB radio operators are transmitting above the maximum allowable power output in the general vicinity of where the interference is being observed. However, violations of CB radio operators transmitting above the maximum allowable power output shall not be enforceable unless citizens (complainants) from two or more residences sign and attest that they are receiving interference from a CB station.
(1) Initial investigations of possible violations of CB radio operators transmitting above the maximum allowable power output should contain the following:
A. A record from each complainant containing dates, day of the week, and time of the day that the interference has occurred. This logbook should encompass a time of no less than four (4) weeks.
B. Locations and type of equipment that the complainant is receiving interference.
C. An address, location and description of the person and premises that the complainant feels is causing the interference from a CB radio station.
D. Physical evidence such as a large antenna and/or radio supporting tower or other antennas mounted to a house or other structure on the property.
E. If possible, actual recordings of the interference received.
F. Any other evidence that would assist in determining the person and location of the source of the interference.
(2) Probable cause to obtain a search warrant will be determined from a variety of factors and may include the following:
A. A drive-by inspection of the suspected violator’s premises to determine the presence of CB radio type antennas, towers and any other relevant evidence.
B. Determinations made by the investigating agency of the power output of the CB station using field strength meters up to one-fourth mile of the CB station.
C. Monitoring of the C.B. radio frequency spectrum including radio frequencies above and below the radio frequencies allocated by the FCC for legal operations in and around the suspected area.
D. The log entries made by the investigative agency of the radio frequencies used during suspected illegal radio transmissions.
E. Records and observations made by the complainants.
F. Any other factors that would cause a reasonable person to believe that the alleged violator is using a CB radio or other equipment to violate the provisions of this Section.
G. Not all of the above factors need be met for a court of proper jurisdiction to find probable cause for the issuance of a search warrant; however, search warrant standards and procedures shall comply with O.R.C. Section 2933 and Crim.R. 41.
(3) All property seized pursuant to a search warrant shall be kept until the accused is tried or the claimant’s right is otherwise ascertained. The disposition of property seized under this Section and held by a law enforcement agency shall comply with O.R.C. Sections 2981.01 et seq., if applicable, 2933.42 and 2933.43.
(i) The enforcement of this ordinance shall not preclude the Federal Communications Commission from enforcing its own regulation concurrently. See Section (f)(5) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a).
(j) Nothing in this ordinance shall be construed to diminish or otherwise affect the jurisdiction of the Commission. See Section (f)(6) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a).
(k) The enforcement of this ordinance with regard to citizens band radio equipment on board a ‘commercial motor vehicle’ as defined in Section 31101 of Title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of the ordinance herein. See Section (f)(7) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a).
(l) In addition to any other remedy authorized by law, a person affected by the decision of a local government agency in enforcing this statute may submit to the Commission an appeal of the decision on the grounds that the State or local government enacted a statute or ordinance outside the authority granted under Section 302 of the Communications Act of 1934. See Section (f)(4)(A) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a). Such appeal shall be submitted to the Commission no later than 30 days after the date on which the decision by the local government agency becomes final, but prior to seeking judicial review of such decision. See Section (f)(4)(B) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a).
(m) The Commission shall make a determination on an appeal submitted under subparagraph (l) not later than 180 days after its submittal. See Section (f)(4)(C) of the 2000 amendment to Section 302 of the Communications Act of 1934 (47 U.S.C. 302a). However, any CB radio equipment seized pursuant to a validly issued warrant shall remain in the custody of the local law enforcement agency during the pendency of the appeal. CB radio equipment that was seized shall only be returned if the Commission determines that relevant provisions of this ordinance exceeded the authority granted under Section 302 of the Communications Act of 1934 or if a court of proper jurisdiction determines that no violation occurred within this Section.
(n) All owners of a CB station shall keep all relevant correspondence from the FCC, hereafter known as “station records,” such as written permission received from the FCC, at the CB station. A violation of this subsection may only occur if sufficient factors enumerated under subsections (s) or (t) indicate that modified or altered equipment requiring FCC permission for use was actually used or operated. See 47CFR95.427(b) and 47CFR95.426(a).
(o) Violations of subsections (c), (d), (e), (f), (g) or (n) shall be construed as strict liability offenses.
(p) Pursuant to O.R.C. Section 2901.01(13)(c), any CB radio equipment, inclusive of any antenna, that was used or operated, as determined under subsections (s) or (t), in violation of this Section shall be contraband.
(q) All persons using radio monitoring measurement instruments should be a holder of a “General Radiotelephone Operator” License issued by the FCC or an equivalent license issued by a certified industry standard testing board.
(r) All test instruments used for determining relative field strength and radio frequency power output should be of a commercial grade type typically used in a commercial two-way radio facility and annually checked for calibration against specifications contained in the operation manual or a known calibrated referenced source. For purposes of investigation, the variable gain control may be adjusted based on calibration check readings to compensate for any variations in battery voltage.
(s) In determining if CB radio equipment is being unlawfully used or operated on a frequency between 24 MHz and 35 MHz, a court, law enforcement officer or investigating agency shall consider, in addition to other relevant factors, the following:
(1) Possession of the equipment;
(2) The proximity of the equipment to other CB radio equipment;
(3) Any statement by the owner, or by anyone in control, of the CB radio equipment, concerning its use;
(4) Whether the CB radio equipment is directly or indirectly connected to an antenna;
(5) The proximity in time or space of the CB radio equipment, or of the act relating to the CB radio equipment, to a violation of this Section;
(6) Direct or circumstantial evidence of the use or operation of unlawful or unauthorized CB radio equipment.
(t) A court of law shall presume a person has a linear or other RF power amplifier if:
(1) It is in a person’s possession or on a person’s property; and
(2) There is other evidence that a person has operated a CB station with more power than allowed pursuant to subsection (d) of this Section. See 47CFR95.411(c).
(u) A court has proper venue to hear a case filed under this Section if the interference to electronic devices occurs within the City of Lancaster’s legal boundaries or if the use or operation of a CB radio station occurs within the legal boundaries of the City of Lancaster.
(v) If any part of this Section is determined to be unconstitutional by a court of law or any part of this Section is determined to be outside the authority bestowed upon the City of Lancaster by Congress then the remainder of this Section shall remain in full force and effect. In addition, should any part of this Section be determined to be unconstitutional and/or outside the City’s allowable authority then the court or agency must review the facts of the case to determine whether the City of Lancaster engaged in any actual conduct to enforce the unconstitutional and/or unauthorized provision. Only if the City of Lancaster acted outside its authority in enforcing this Section, shall the Commission preempt the decision enforcing this Section.
(w) (1) Whoever violates subsection (c) is guilty of unlawful use of CB radio equipment, a misdemeanor of the first degree.
(2) Whoever violates subsection (d), (f) or (g) is guilty of unauthorized operation of CB radio equipment, a misdemeanor of the first degree.
(3) Whoever violates subsection (e) is guilty of unlawful use of CB radio equipment without proper FCC certification, a misdemeanor of the fourth degree.
(4) Whoever violates subsection (n) is guilty of failure to keep station records, a misdemeanor of the Fourth degree.
(Ord. 30-02. Passed 8-26-02.)