Ordinances

Not every ordinance drafted will work with the laws of every state. Every state has its own laws and requires some adaptation. Some states have taken away local zoning rights, including Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, New Mexico, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Virginia.

We have prepared a model ordinance for Massachusetts, which took a very long time! To make this ordinance, we looked at the Massachusetts ordinances, ordinances in other states, suggestions given by others, and looked at federal and state laws. If you would like a copy, contact us by email (see footer for email).

Although our old list of ordinances has been copied onto other sites and many of our suggestions put into use in ordinances, we don't have the time or resources to post our former ordinance list again. Yet, help with sample ordinances remains available online from others, as follows:

      • 5G Free California - Hosted a great informational session and shared transcript on legal strategies, including valuable ordinance information called "Ask the Lawyers."
      • Scientists4WiredTech dot com - Many ideas and some ordinances, mainly from CA, which has many strong ordinances - focused on ordinance development and thus has posted some discussions with lawyers and other helpful information;
      • NCSL dot org - Search 5G to find a list of relevant state legislation;
      • 5GCrisis dot com/toolkit - an ordinance template and supporting resources which can be submitted and modified - though not all ideas are incorporated that are put forward by ordinances in California, this may be good for a start;
      • MDsafeTech dot org - search for a page on ordinances and scroll down for a helpful PDF of a "few key additions" for ordinances, summaries, concepts;
      • EHtrust dot org - ordinance concepts, brief summaries;
      • Massachusetts: Burlington was first to require an annual recertification process for cellular infrastructure. Others have copied Burlington's ordinance and made a few small changes. Nothing much new yet.
      • Other Municipalities - look in the news for towns which have passed the most recent, strongest ordinances and check the city clerks' page for the Municode or city code to see the ordinance.

Avoid the League of Cities or Verizon's model ordinances.

In addition, a tree ordinance is recommended in conjunction, to prevent trees from being removed just for 4G and 5G antenna construction or improved transmission.

StopSmartMeters dot org has a page listing many cities which have passed ordinances to prohibit smart meters in California (Stop Smart Meters is based in CA).

Search this phrase at StopSmartMeters dot org: CA Local Governments On Board

Trees are the beautiful lungs of the planet, and replacements of trees cut down usually fails to compare the breadth of the original tree or to forests.

Here are a few sample ordinances to help you construct a tree ordinance:

    • Northampton, MA, has a shade tree ordinance and a public shade commission. Unless diseased, removal of significant trees — defined as trees with a minimum 20-inch diameter or specifically identified specimen trees — would have to be replaced following certain standards or money paid into a city account to fund new public shade trees.
    • 6-inch Permit Ordinance: Atlanta, GA, requires permits for removal of any tree on city-owned property, regardless of size, or any tree of 6 inches or greater diameter-at-breast-height (dbh) on private property. More info online at AtlantaTreeCommission dot com.
    • Nice Idea for Awards: Charlotte, NC, also an​nually presents Charlotte's Crown Tree Awards to recognize excellence in tree preservation, tree planting, and tree advisory.

Many more examples exist online regarding sample ordinances.

Berkeley has been sharing the warnings listed in cellphone manuals at point of sale and fighting 11 years in court and just recently lost!

When set before the US Supreme Court as industry claimed the ordinance violated its free speech,  the US Supreme Court remanded to the lower court in light of recent bans on abortion disclosures, and the lower court just recently overturned Berkeley's ordinance as "overwarning." The ruling emphasized the FCC's opinion wireless is safe.

This was Berkeley's ordinance - Berkeley may yet challenge the lower court's decision:

The (town, city or county) of ______________ requires that you be provided the following notice:

"To assure safety, the Federal Government requires that cell phones meet radio-frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal safety guidelines for exposure to RF radiation."

Refer to the instructions in your phone or user manual for information about how to use your phone safely.