§ 11-41. General provisions.

(a)

Except as provided in subsection (b) hereinafter, the following regulations of the Federal Communications Commission (FCC) are hereby established within the City of Kannapolis, North Carolina:

(1)

The use of citizens band radio equipment not authorized by the FCC is prohibited.

(2)

The unauthorized operation of citizens band radio equipment on a frequency between twenty-four (24) MHz and thirty-five (35) MHz is prohibited.

(b)

The regulations provided in subsection (a) hereinabove shall not apply to a station that is licensed by the FCC pursuant to Section 301 of the Communications Act of 1934 (47 U.S.C. 301).

(c)

The enforcement of this ordinance with regard to citizens band radio equipment on board a commercial motor vehicle, as defined in Section 31101 of Title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of the regulations described in subsection (a) hereinabove.

(Ord. No. 2001-117, 12-10-01)