Chapter 9.20
CITIZEN BAND RADIOS
Sections:
9.20.010 Purpose and findings.
9.20.020 Definitions and abbreviations.
9.20.030 Channels and frequencies.
9.20.050 FCC approved transmitters.
9.20.060 Transmitter power output.
9.20.070 Amplifiers prohibited.
9.20.080 Responsibility for communications.
9.20.090 Prohibited communications.
9.20.100 Emergency communications.
9.20.110 Remote control prohibited.
9.20.120 Connection to telephone prohibited.
9.20.130 Causing interference prohibited.
9.20.140 Inspection of CB station equipment and CB station records.
9.20.010 Purpose and findings.
The Jefferson County commission finds that some citizens band radio operators in Jefferson County have operated their citizens band stations in violation of the rules and regulations published by the Federal Communications Commission in 47 CFR, Part 95, Subpart D. The county commission also finds that the Federal Communications Commission has failed to enforce its rules and regulations relating to the operation of citizens band stations. Therefore, it is necessary for Jefferson County to enforce the rules and regulations of the Federal Communications Commission in order to protect the health and safety of the citizens of Jefferson County. More specifically, the county commission finds that it is necessary to protect its citizens from unsolicited and unwanted invasions of their homes and interference with their home electronic devices caused by irresponsible citizens band station operators. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.020 Definitions and abbreviations.
As used in this chapter:
“Antenna” means the radiating system (for transmitting, receiving or both) and the structure (tower, pole or mast) and everything else attached to the radiating system and the structure.
“CB” means citizens band.
“CFR” means Code of Federal Regulations.
“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.
“Citizens band station” or “CB station” means a radio station transmitting in the CB radio service.
“Citizens band transmitter” or CB transmitter” means (1) an apparatus that converts electrical energy received from a source into radio frequency energy 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. “FCC” means Federal Communications Commission.
“Radio frequency interference” means radio frequency energy which: (1) is radiated from a CB station; and (2) interferes with the operation of electronic devices located off the premises of the CB station. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.030 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. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.040 Antennas.
A. Antennas in Fixed Locations. Antennas installed at fixed locations, whether receiving, transmitting or both must comply with the requirements of the Jefferson County Zoning Ordinance.
B. Portable Antennas. Antennas mounted on hand-held or portable units need not comply with the limitations imposed upon antennas installed at fixed locations. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.050 FCC approved transmitters.
No person may use a CB transmitter unless that transmitter has an FCC type-accepted transmitter with a type-acceptance label placed on it by the manufacturer. No person may make internal modifications to a type-accepted CB transmitter. No person shall use a CB transmitter type-accepted pursuant to an application filed with the FCC prior to September 10, 1976. No person may sell a CB transmitter type-accepted pursuant to such application. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.060 Transmitter power output.
No person shall use a CB station transmitter with a power output exceeding either of the following values:
A. AM (A3) - four watts (carrier power)
B. SSB - twelve (12) watts (peak envelope power). (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.070 Amplifiers prohibited.
No person may attach the following power amplifiers to a type-accepted CB transmitter:
A. An external radio frequency power amplifier (sometimes called linears or linear amplifiers); or
B. Any other device which, when used with a radio transmitter as a signal source, is capable of amplifying the signal. It shall be presumed that a CB operator used a linear or other external amplifier if:
1. A linear or other external radio frequency power amplifier is found in the operator’s possession or on the premises from which the CB radio station transmits.
2. There is evidence that the CB station was operated with more power than permitted by Section 9.20.060. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.080 Responsibility for communications.
The occupants of the premises upon which a CB station is located shall be responsible for all CB communications made from the CB station and for all CB equipment kept on the premises. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.090 Prohibited communications.
A. CB station operators shall transmit two-way plain language communications without codes or coded messages. A CB station operator may transmit two-way plain language communication only to other CB stations, the 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 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 tasks 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.
B. Prohibited One-way Communications. No person shall transmit one-way communications except for:
1. Emergency; communications;
2. Traveler assistance;
3. Brief tests (radio checks); or
4. Voice paging.
C. No person may use a CB station:
1. For any activity which is against federal, state or local law;
2. To transmit obscene, indecent or profane words, language or meanings;
3. To intentionally interfere with the communications of another CB station;
4. To advertise or solicit the sale of any goods or services;
5. To transmit music, whistling, sound effects or any material to amuse or entertain;
6. To transmit any sound solely to attract attention;
7. To transmit the word “Mayday” or any other international distress signal, except when the CB station is located in a vehicle, the occupants of which are threatened by grave and imminent danger and in need of immediate assistance;
8. To communicate with, or to attempt to communicate with, any CB station more than 155.3 miles away (two hundred fifty (250) kilometers).
9. To advertise a political candidate or political campaign; or
10. To transmit communications for live or delayed rebroadcast on a radio or television broadcast station. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.100 Emergency communications.
Every CB station operator shall, at all times and on all channels, give priority to emergency communications. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.110 Remote control prohibited.
No person may operate a CB transmitter by remote control. 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. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.120 Connection to telephone prohibited.
No person shall connect the CB station transmitter to a telephone, except as permitted by 47 CFR Section 95.420. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.130 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 county and off the premises of the CB station. If a law enforcement officer determines that a CB station is causing interference with the electronic equipment kept on the premises adjacent to the CB station, the law enforcement officer may do any of the following:
A. 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.
B. 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 in those services. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.140 Inspection of CB station equipment and CB station records.
A law enforcement 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 radio equipment, has interfered with the operation of electronic equipment of another by means of radio frequency interference. In the event that the operator or person in possession of CB radio equipment refuses to permit inspection of the CB radio equipment or CB station records, the officer may apply to a circuit court judge for a warrant to inspect. (Ord. O-67-02 Exh. 1 (part), 2002)
9.20.150 Penalties.
Any person who violates any provision of this chapter for which no other penalty is specifically provided shall be fined not more than one thousand dollars ($1,000) for each violation. A separate offense shall be deemed committed on each day that a violation occurs. (Ord. O-67-02 Exh. 1 (part), 2002)