(1) No local government shall enact or enforce an ordinance or resolution regulating amateur radio antennas that fails to conform to the limited preemption set forth in the memorandum opinion and order PRB-1 entitled "Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities", 101 FCC 2d 952 (1985), issued by the federal communications commission and further codified in 47 CFR 97.15 (b). An ordinance or resolution adopted by a local government that regulates amateur radio antennas shall conform to the limited federal preemption which provides that local government regulations involving the placement, screening, or height of antennas must:
Be based on health, safety, or aesthetic considerations;
Be crafted to reasonably accommodate amateur communications; and
Represent the minimum practicable regulation required to accomplish the local government's legitimate purpose.
Source: L. 2015: Entire section added, (SB 15-041), ch. 26, p. 65, § 1, effective August 5.