My hometown has corrected its mistake....wheee....
City won't go after TV dish owners
Attorney: City code clashes with federal rules on lawn placement
BY ERIN CLARK
THE COURIER
Published Wednesday, June 28, 2006
Homeowners with satellite dishes in their front yards can rest easy.
Last week several Lincoln residents received ordinance violation notices from the city - they arrived with fines of $25 to $100 attached - for having satellite dishes in their front yards.
But after residents and satellite dish providers protested that the local law doesn't jibe with federal regulations, it turns out the city will not enforce the ordinance - at least not for a while.
"It is my opinion ... that, on its face, that ordinance is not illegal," city attorney Bill Bates said Tuesday at a Lincoln City Council meeting.
However, Bates said the way the ordinance is being applied at least skirts the edge of legality.
The city is not allowed to delay the installation of dishes, raise the cost to install them or prevent dish users from receiving an adequate signal, according to the Federal Communications Commission. That means if the front yard has an adequate signal and the back yard doesn't, the homeowner can put the dish in his or her front yard, Bates said.
If the local ordinance is to be enforced, Bates said, it will have to be reworked to allow homeowners to place dishes in their front yards if any of the above criteria apply.
He also said the building codes inspector should have the power to grant exceptions in any of those cases.
"Blanket enforcement isn't going to work," Bates said. "For the time being, we're not going to enforce this."
When council members questioned why the ordinance was on the books in the first place, alderman Verl Prather provided a possible explanation for its origin.
"It's possible that when we adopted this ordinance, dishes were a lot bigger in size," he said.
Aldermen will discuss the matter further in the future. For the time being, though, satellite dishes can keep their spots in local front yards.
http://www.lincolncourier.com/story.asp?SID=1924&SEC=8
City won't go after TV dish owners
Attorney: City code clashes with federal rules on lawn placement
BY ERIN CLARK
THE COURIER
Published Wednesday, June 28, 2006
Homeowners with satellite dishes in their front yards can rest easy.
Last week several Lincoln residents received ordinance violation notices from the city - they arrived with fines of $25 to $100 attached - for having satellite dishes in their front yards.
But after residents and satellite dish providers protested that the local law doesn't jibe with federal regulations, it turns out the city will not enforce the ordinance - at least not for a while.
"It is my opinion ... that, on its face, that ordinance is not illegal," city attorney Bill Bates said Tuesday at a Lincoln City Council meeting.
However, Bates said the way the ordinance is being applied at least skirts the edge of legality.
The city is not allowed to delay the installation of dishes, raise the cost to install them or prevent dish users from receiving an adequate signal, according to the Federal Communications Commission. That means if the front yard has an adequate signal and the back yard doesn't, the homeowner can put the dish in his or her front yard, Bates said.
If the local ordinance is to be enforced, Bates said, it will have to be reworked to allow homeowners to place dishes in their front yards if any of the above criteria apply.
He also said the building codes inspector should have the power to grant exceptions in any of those cases.
"Blanket enforcement isn't going to work," Bates said. "For the time being, we're not going to enforce this."
When council members questioned why the ordinance was on the books in the first place, alderman Verl Prather provided a possible explanation for its origin.
"It's possible that when we adopted this ordinance, dishes were a lot bigger in size," he said.
Aldermen will discuss the matter further in the future. For the time being, though, satellite dishes can keep their spots in local front yards.
http://www.lincolncourier.com/story.asp?SID=1924&SEC=8