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Chapter 37 A     Entire Code
‹ Chapter 37  |  Chapter 38 › Printer Friendly Versions
Chapter 37A  |  Article 37A - 1  |  Section 4

1 - RADIO ASTRONOMY ZONING ACT
    37 A- 1 - 1
    37 A- 1 - 2
    37 A- 1 - 3
    37 A- 1 - 4
    37 A- 1 - 5
    37 A- 1 - 6

WVC 37 A- CHAPTER 37A. ZONING.
WVC 37 A- 1 - ARTICLE 1. RADIO ASTRONOMY ZONING ACT.

WVC 37 A- 1 - 1 §37A-1-1. Short title.
This article shall be known as the "Radio Astronomy Zoning Act."

WVC 37 A- 1 - 2 §37A-1-2. Restrictions -- Within two miles of facility.
It shall be illegal to operate or cause to be operated any electrical equipment within a two-mile radius of the reception equipment of any radio astronomy facility if such operation causes interference with reception by said radio astronomy facility of radio waves emanating from any nonterrestrial source.

WVC 37 A- 1 - 3 §37A-1-3. Same -- Within ten miles of facility.
It shall be unlawful to operate or cause to be operated any electrical equipment within a radius of ten miles of the reception equipment of any radio astronomy facility, if the instantaneous peak field strength of the emanation from such electrical equipment is in excess of:

Ten microvolts per meter measured at a distance of ten feet from such electrical equipment, if such electrical equipment is located less than three miles from said reception equipment; ten microvolts per meter measured at a distance of fifteen feet from such electrical equipment, if such electrical equipment is located less than four miles from said reception equipment; ten microvolts per meter measured at a distance of twenty feet from such electrical equipment, if such electrical equipment is located less than five miles from said reception equipment; five microvolts per meter measured at a distance of fifty feet from such electrical equipment, if such electrical equipment is located less than six miles from said reception equipment; six microvolts per meter measured at a distance of fifty feet from such electrical equipment, if such electrical equipment is located less than seven miles from said reception equipment; seven microvolts per meter measured at a distance of fifty feet from such electrical equipment, if such electrical equipment is located less than eight miles from said reception equipment; eight microvolts per meter measured at a distance of fifty feet from such electrical equipment, if such electrical equipment is located less than nine miles from such reception equipment; nine microvolts per meter measured at a distance of fifty feet from such electrical equipment, if such electrical equipment is located less than ten miles from said reception equipment: Provided, however, That notwithstanding the provisions of this section, it shall not be unlawful to operate or cause to be operated any electrical equipment so constructed or shielded as not to cause interference with the reception by such radio astronomy facility of radio waves emanating from a nonterrestrial source.

WVC 37 A- 1 - 4 §37A-1-4. Applicability of article to existing equipment.
Nothing in this article shall be construed to render unlawful the continued operation of electrical equipment within a ten-mile radius of a radio astronomy site if such equipment existed within such distance of such site previous to the commencement of operation of such radio astronomy facility; or if such equipment is intended as a replacement for such existing equipment.

WVC 37 A- 1 - 5 §37A-1-5. Violations of article.
Any person knowingly operating or causing to be operated electrical equipment in violation of the provisions of this article shall be subject to a fine of fifty dollars plus an additional fine of fifty dollars for each day such electrical equipment is knowingly operated after receipt by such person of written notice from the prosecuting attorney of the county in which the radio astronomy facility is situated that such operation is in violation of the provisions of this article.

WVC 37 A- 1 - 6 §37A-1-6. Same -- Injunctive relief.
The operation of any electrical equipment in violation of this article shall be enjoined by the circuit court of the county in which such electrical equipment is located upon petition filed by the prosecuting attorney of such county or by the attorney general of this state irrespective of any other legal remedy available.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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