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Andrew Campanelli

Protective Ordinances

March 30, 2020

Question: Can you point to ordinances that protect their residents?

Campanelli: I generally do not do that, and here's why I've seen many ordinances.

First of all, haven't seen a perfect ordinance yet. The best ordinance are the ones

that I make recommendations for. And even those there are recommendations I

make. And I tell the government, you must put this in. If you want to exercise

your power, you must. And then I offer options.

Like, for example, I just had a discussion today a local government could add an

ad, a provision in their code to say if someone claims they're adversely impacted

because they're disabled in that they are adversely impacted from RF emissions,

they could put a code provision that provides a procedure to which they could

seek a reasonable accommodation.

But when I review each specific ordinance, I want to make my ordinance as

bulletproof as possible, meaning as immune from challenge as possible. Anyone

can sue any time they get turned down. So, you can't guarantee no lawsuits, but

you can minimize not only the risk of losing a lawsuit, but to minimize the risk that

lawsuits can be filed in the first instance.

And the way that I do that is when I draft changes to an ordinance, I have to make

it merge seamlessly with the existing local zoning code, and I must make sure it is

in strict compliance with any comprehensive plan which has been enacted by the

local government. Every good local zoning audience is different because it varies

based upon your jurisdiction. Every jurisdiction is different in terms of

topography, population, historic districts. So, each of these are handcrafted for

your specific municipality.

I don't even give out ones that I've done because it might be great for Ventura,

California. But that audience may be horrible for Colorado because also the state

laws at work. So, I, I don't point anybody to anybody else's ordinance because

that's a recipe for disaster. And then if I point you to an ordinance and they get

sued, you can say Campanelli told me this ignorance and they got sued because

it's good for Ventura, California, but not for Baltimore, Maryland.

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Andrew Campanelli

Protective Ordinances

March 30, 2020

So, that's my answer to that. The only audience reviews and audience I stand

behind are the ones where I tell them what to do to make it the best possible,

meaning giving them the maximum power to control the placement of wireless

facilities and insulating them to the greatest extent possible against any possible

challenge. I want to give my local governments who hire me the power to control

where these things go and it's available to them. They just have to be shown how

to exercise it.