ARES generator operation

[superdave98052]

I want to sign up for ARES.

One box on the form asks if my station can operate without commercial power.

I have a generator so I can.

However one neighbor freaks out if I use it at any time including power outage.

I have local LE on my side, and HOA board says they will not get involved.

So next time my neighbor tries to interfere with generator operation, are they violating some statute if their actions like say switching off my generator, cut an ARES station off the air during an emergency?

spasibo,

Dave

 

[n5ims]

ARES operation is not a protected group and shouldn't provide you any special protection. That said, the use of a generator also isn't illegal (assuming that it doesn't violate any sound laws) and you should easily be able to tell that neighbor to stuff it. It may be good to simply talk to that neighbor and ask exactly why your use of a generator bothers them. You may be able to make some reasonable accommodations (like moving it to another location) to help mitigate the "offending" issues. If they won't work with you on resolving the issue, you can simply say that you tried and your use of the generator will be when you need it and ignore their complaints. If they press, simply have them call the PD and have the PD tell your neighbor that your generator use is legal and that's that.

 

[KE5MC]

I want to sign up for ARES.

snip...

So next time my neighbor tries to interfere with generator operation, are they violating some statute if their actions like say switching off my generator, cut an ARES station off the air during an emergency?

spasibo,

Dave

The LE can help lay it out for you, but interference that involves coming onto your property and laying hands on you equipment is a crime. Varies by geography what they call it and what the elements the actor needs to commit for it to be a criminal act.

The above is not legal advise...

If you have not already, take the time to make sure the generator will effectively run your equipment. Do it on air so you can get a report from others how your signal sounds. Some generators are better than other. Out of the box the Honda 1000w and 2000w are good to go.

Mike

 

[jackj]

Does you neighbor freak out when you mow your lawn? Is your generator as loud as your lawn mower? Do you have the generator's exhaust directed away from you neighbor?

 

[FKimble]

A couple pieces of plywood cut to provide a 3 sided sound barrier between your neighbor and the genset will reduce the sound he hears significantly. Perhaps hinge them for simplicity on setting up and put a layer of shag or rubber backed carpet on the genset side to further soak up the noise.

Maybe a new or additional muffler would help also.

What brand and model is this offensive genset?

 

[AK9R]

Just reinforce that this is a local law enforcement issue and has nothing to do with ARES. Your status as an ARES member or your operation of an ARES station carries no special privileges. ARES is a program created by and managed by the American Radio Relay League and its field staff, not any governmental agency.

 

[DaveNF2G]

Interfering with the operation of any licensed radio station is a federal crime. If they in fact take your station off the air, then notify the FCC and the FBI, who have jurisdiction. Don't bother with local LE unless you are also going after them for criminal trespass. I would also bear in mind that the invasion of your property and messing with your stuff sounds in tort as well, so you could sue them if you wanted to. The burden of proof is less in civil court, too.

 

[superdave98052]

Thanks all. Generator is question is a 5 or 6.25 kW briggs and straton.

Not possible to work with this neighbor. I have no contact with them.

As for ARES I will probably say that I can't operate when power is out.

 

[R8000]

Interfering with the operation of any licensed radio station is a federal crime. If they in fact take your station off the air, then notify the FCC and the FBI, who have jurisdiction. Don't bother with local LE unless you are also going after them for criminal trespass. I would also bear in mind that the invasion of your property and messing with your stuff sounds in tort as well, so you could sue them if you wanted to. The burden of proof is less in civil court, too.

Wow.....worst advice ever.

 

[n5ims]

Thanks all. Generator is question is a 5 or 6.25 kW briggs and straton.

Not possible to work with this neighbor. I have no contact with them.

As for ARES I will probably say that I can't operate when power is out.

Test the generator, perhaps they'll contact you.

There are other options when the power is out. You could use a battery operated radio, such as a handheld radio or even a mobile radio powered by batteries (a gel cell or even a marine battery that you keep charged up when power is active). You could also use solar if operation is during a period of sunshine. A bicycle powered generator (quiet and good exercise). Just think about it and you'll come up with many other possibilities.

 

[wesm1957]

Don't give up!!!!! You never know when your services will be needed. I put together a GO-BOX this year to use if the power goes out and for remote use with our club. Years ago when I lived in Ohio I was a member of REACT, and had a neighbor that was upset because our communications van was kept at my house. I had to get LE involved due to vandalism, but once that happened all the problems stopped. Some people do not understand what we do as ham operators

Wes

 

[DaveNF2G]

Wow.....worst advice ever.

Why?

 

[AK9R]

Folks, the legalities of operating a generator at a private residence and a neighbor's rights, under the law, to stop someone from running a generator may not be good subject matter for this forum. Most of us are not attorneys and I'm guessing that most of us are not familiar with the applicable laws. Some of us may think we know radio law, but laws pertaining to property use and keeping the peace are a different matter. If law enforcement officers were to be brought into the situation, my assumption is that they would first deal with keeping the peace and they may take some action based on their knowledge of property rights, but that they would leave the radio law question to a higher authority.

The OP asked if he had any statutory recourse against a neighbor who might interfere with the operation of his ARES station. Whether or not an amateur radio station conducting "emergency" communications carries any special privileges is an interesting question. I think we can all agree, though, that ARES membership, in itself, carries no special privileges. I also think the best course of action may be for the OP to contact his local prosecuting attorney to see what his rights might be if his neighbor interferes with the operation of the OP's generator. In that conversation with the prosecutor, I think I'd leave the whole radio situation out of the question and boil it down to what happens if the neighbor interferes with the operation of the generator. The fact that the OP states "Not possible to work with this neighbor. I have no contact with them." tells me that there is probably more to this story than we have been told.

 

[rapidcharger]

The type of backup power most people use is battery power, not generators.

Why on Earth would anyone burn gas to run a single amateur radio station plus deal with all the maintenance and put those hours on a generator?! Doesn't make any sense to me.

Not when you can get a deep cycle battery from Advanced auto parts for $75 before you use the coupon codes they always have.

I have a generator the same size and it is unbelievably noisy. I do use it when power is out during ice storms here. And believe me, I hate having to disturb the neighbors even though I don't think they can hear much more than the hum of it from inside their house. They've never said anything about it to me though and I'm surprised because when you're the only house in the neighborhood with the lights and heat on, I'd imagine people get a little annoyed.

There is nothing illegal about using a generator here. We have a noise ordinance that would include generators in the middle of the night if it weren't for one stupid little sentence that exempts anything that has a muffler.
But a the end of the day, it boils down to being a considerate neighbor.
If your neighbs are complaining, you're bothering them. Don't do it. Especially in an HOA. If those people ever get on the board, they can make your life miserable.

 

[DaveNF2G]

I would only add to the two excellent posts above that one would probably have a stronger case if the generator was powering appliances, especially fridges and freezers, than radios.

 

[N5TWB]

I would only add to the two excellent posts above that one would probably have a stronger case if the generator was powering appliances, especially fridges and freezers, than radios.

Throw in a medical necessity, such as the fridge/freezer keeps certain medications cold, or something like breathing machines. Then the neighbor is shown up to be just a cranky curmudgeon that's irritated because you have power and they don't. I can recall coming back to a dark house after an ice storm in 2007, exiting the car to hear the hum of generators throughout the neighborhood. Didn't bother me a bit, even nine days into the outage.

 

[dksac2]

Get a Harbor Freight Buyers club card ($45.00 for two years) and get their 2500 watt inverter generator. It's not only far quieter, it's an inverter generator, so it runs sensitive equipment.

It is usually $500.00, but goes on sale for $300.00 from time to time with a buyers card.

I bought one and love it. It looks just like the Generac 2500 watt gen set, is darn quiet compared to any regular gen set and has an 8.5 amp 12 volt charger built in for charging batteries.

It's a smoking deal. 150cc 4 cycle engine.

John

 

[N0IU]

However one neighbor freaks out if I use it at any time including power outage.

Maybe he is just jealous that you have power when the mains are out and he doesn't!