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HomeMy WebLinkAboutORD 19-11 Regulating Electromagnetic and Radio Frequency InterferenceORDINANCE NO. 19 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 17, SECTION 17.20.240 OF THE ORANGE MUNICIPAL CODE REGULATING ELECTROMAGNETIC AND RADIO FREQUENCY INTERFERENCE. WHEREAS, Section 17.20.240 of the Orange Municipal Code currently regulates electromagnetic and radio frequency interference ( "EMI /RFI ") to prevent interference with emergency communication devices; and WHEREAS, since the Code section was adopted the Federal Communication Commission ( "FCC ") has adopted regulations with regard to emergency communication frequency networks and EMI /RFI frequency interference; and WHEREAS, the FCC regulations are exclusive and complete and would preempt the City Code with regard to regulating antenna frequency interference; and WHEREAS, the proposed ordinance amendment would eliminate City regulation of antenna frequency interference and require antenna operators to comply with federal law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 17, Section 17.20.240 of the Orange Municipal Code entitled Radioactivity or Electrical Disturbance is hereby amended to read as follows: 17.20.240 Radioactivity or Electrical Disturbance. Devices which radiate electromagnetic and radio frequency interference (EMI /RFI) shall be operated as not to cause interference with emergency communication frequencies in compliance with Federal law." ADOPTED this 27 day of March, 2012. lyn gave che, Mayor, City of Orange ATTEST: Mary E. , _City Clerk, Cit of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13 day of March, 2012, and thereafter at the regular meeting of said City Council duly held on the 27 day of March, 2012, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Bilodeau, Dumitru NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. rp , City Cler ange 2