Resolution Number 95-10-17-4RESOLUTION NO. 95-10-17-4
IINITIATING AMENDMENT TO TITLE 9 - HAM RADIO OR OTHE&ANTEV�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING PREPARATION OF AN
AMENDMENT TO TITLE 9, SECTION 9-3.609 OF THE MUNICIPAL CODE TO
MODIFY PROVISIONS FOR HAM RADIO OR OTHER ANTENNAE IN
ACCORDANCE WITH THE FEDERAL COMMUNICATIONS COMMISSION
REGULATIONS
WHEREAS, the City Council finds and determines that:
1. The Federal Communications Commission of the United States Government
preempts State and local regulations that result in outright prohibition or preclude amateur
communications;
2. The Federal Communications Commission finds State and local regulations
that preclude amateur communications in their communities in direct conflict with Federal objectives;
3. The City's Municipal Code provisions must accommodate reasonable amateur
communications;
' 4. Local government may designate the review process and adopt minimum
practicable regulations for placement, screening, and height of antennae;
5. The City s Municipal Code may be too restrictive in that it prohibits installation
of ham radio antennae on roofs or above eave lines.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby direct staff to prepare an amendment to Title 9, Section 9-3.609 of the
Municipal Code modifying the provisions for ham radio or other antennae in accordance with the
Federal Communications Commission regulations.
PASSED, APPROVED, AND ADOPTED this 17th day of
October '1995.
CAROLYN N SH, MAYOR
ATTEST:
CITY CLEAK
ff.
m:•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-10-17-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 17th day of October 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO N, CITY CLERK
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