Pennsylvania Act 2008-88 — MUNICIPALITIES GENERALLY (53 PA.C.S.) - RESTRICTING MUNICIPALITIES FROM REGULATING AMATEUR RADIO SERVICE COMMUNICATIONS

Act text

MUNICIPALITIES GENERALLY (53 PA.C.S.) - RESTRICTING MUNICIPALITIES FROM
             REGULATING AMATEUR RADIO SERVICE COMMUNICATIONS
                  Act of Oct. 8, 2008, P.L. 1079, No. 88              Cl. 53
                             Session of 2008
                               No. 2008-88

     SB 884

                                  AN ACT

     Amending Title 53 (Municipalities Generally) of the Pennsylvania
        Consolidated Statutes, restricting municipalities from
        regulating amateur radio service communications.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 53 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
     § 302.  Restriction on municipal regulation of amateur radio
                service communications.
        (a)  General rule.--A municipality that adopts an ordinance,
     regulation or plan or takes any other action involving the
     placement, screening or height of antennas or antenna support
     structures shall reasonably accommodate amateur radio service
     communications and shall impose only the minimum regulations
     necessary to accomplish the legitimate purpose of the
     municipality.
        (b)  Reasonable accommodations.--A municipality may impose
     necessary regulations to ensure the safety of amateur radio
     antenna structures, but must reasonably accommodate amateur
     service communications. No ordinance, regulation, plan or any
     other action shall restrict amateur radio antenna height to less
     than 65 feet above ground level.
        (c)  Construction.--The provisions of this section shall not
     be construed to prohibit a municipality from taking action to
     protect or preserve a historic, a historical or an architectural
     district that is established by the municipality or pursuant to
     Federal or State law.
        (d)  Definition.--As used in this section, the term
     "legitimate purposes" shall include a clearly defined health,
     safety or aesthetic objective of a municipality.
     Section 2.  Effective date.
        This act shall take effect in 60 days.

     APPROVED--The 8th day of October, A. D. 2008.

     EDWARD G. RENDELL