ColwoodB次元官网网址檚 electronic nuisance bylaw is being challenged in B.C. Supreme Court by broadcasters who own transmission towers on Triangle Mountain.
CTV Ltd. and Rogers Broadcasting Ltd., along with property owner Constance Gibson, filed a civil claim that calls the bylaw unconstitutional and reaching far beyond the authority of a municipality.
In its statement of claim filed Jan. 4, the trio alleges the bylaw has no force and was enacted to limit broadcast signals, which are federally regulated by Industry Canada.
B次元官网网址淭he Triangle Mountain Broadcasting Towers were constructed pursuant to all required statutory and regulatory permits and licenses,B次元官网网址� the claim says. The plaintiffs are asking the bylaw be overturned and the City ordered to pay its court costs.
Colwood administrator Ross McPhee said city lawyers filed a response this week outlining the CityB次元官网网址檚 position that it is acting within its rights to protect residents from undue nuisance.
The bylaw adopted February 2010 targets landowners, such as Gibson, who lease their property to broadcast companies, requiring that B次元官网网址渘o person shall permit telecommunications equipment on their property to be used, knowingly or unknowingly, in a manner that interferes with a personB次元官网网址檚 reasonable use, security and enjoyment of his/her land.B次元官网网址�
Since the bylaw was adopted, Triangle Mountain residents have been keeping careful records of the nuisance they experience as a result of the FM transmitters B次元官网网址� including static and radio signals coming through telephone lines and garage doors and other electronic devices malfunctioning.
In September Colwood council directed its lawyers to begin the process of enforcing the bylaw with a long-form procedure through the courts. But McPhee confirmed that the City had not yet taken these steps to enforce the bylaw.
B次元官网网址淭here was a warning letter sent to the landowner, thatB次元官网网址檚 as far as itB次元官网网址檚 gone,B次元官网网址� he said.
He expects further enforcement actions will have to wait until after a ruling on whether the bylaw may be enforced.
B次元官网网址淲eB次元官网网址檒l be looking for council for direction on how we should proceed ... during in-camera discussions at the next meeting,B次元官网网址� McPhee said, noting that fighting the broadcasters has potential to be a costly endeavor.
Colwood Mayor Dave Saunders said the City has spent several years negotiating with broadcasters to find a compromise outside of court.
B次元官网网址淲eB次元官网网址檝e offered to help them relocate the towers or find a reasonable (broadcasting range) for their signals to not disturb the people living up there,B次元官网网址� Saunders said.
The City has $40,000 set aside from a developer to begin the court proceedings with the broadcasters.
B次元官网网址淲eB次元官网网址檝e been backed into a corner, weB次元官网网址檙e going to have to fight this.B次元官网网址�
Triangle mountain resident Sharon Noble hopes Colwood wonB次元官网网址檛 cave to industry pressure.
B次元官网网址淲e have a neighbour making our homes an unpleasant place to be,B次元官网网址� Noble said. B次元官网网址淚tB次元官网网址檚 no different from having somebody with a dog barking all hours of the day or running a marijuana grow-op. ItB次元官网网址檚 impacting our lives, and the City needs to do what it can to stop the nuisance.B次元官网网址�
GibsonB次元官网网址檚 property has two transmissions towers on it. The first was erected in 1964, then replaced in 2000, the same year the second tower went up.
Colwood subdivided the land on the mountain for residential development in the early 1990s.
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