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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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this Ordinance by the earlier of the following: ninety (90) days from the effective <br /> date of this Ordinance or prior to the issuance of a permit pursuant to this Ordinance. <br /> This provision shall not require removal or modification of communications facilities <br /> placed or maintained in the public rights-of-way pursuant to a previously issued <br /> permit prior to the effective date of this Ordinance with the exception, to the extent <br /> not inconsistent with applicable law, of compliance with objective or stealth design <br /> standards that may require concealment such as a wrap or landscaping, unless such <br /> facilities are abandoned or otherwise required to be altered or removed. <br /> e. Reservation of rights. The City reserves the right to amend this Ordinance as it shall <br /> find necessary in the lawful exercise of its police powers. <br /> (6) Authority to implement Ordinance. The City Manager or designee is authorized to <br /> adopt, to modify. and to repeal rules and regulations to carry out the intent and <br /> purposes of this Ordinance. <br /> Sec. 129-64. - Definitions. <br /> the meanings given. Where not inconsistent with the context, words used in the present tense <br /> include the future tense, words in the plural number include the singular number, and words in the <br /> singular number include the plural number. The words "shall" and "will" are mandatory, and <br /> "may" is permissive. Words not otherwise defined shall be construed to mean the common and <br /> ordinary.meaning. <br /> ABANDONMENT The--per-manen es atiowef-all uses of a comm facility; <br /> provided that this term shall not include cessation of all use of a facility within a physical <br /> structure where the physical structure continues to be used. By way of example, and not <br /> limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, <br /> shall not be "abandonment" of a facility in public rights of way. <br /> CITY The City of Sunny Isles, Florida. <br /> COMMUNICATIONS FACILITY or FACILITY/SYSTEM Any permanent or <br /> temporary plant, equipment and property, including but not limited to cables, wires, conduits, <br /> ducts, fiber optics, poles, antennas, converters, splice boxes, cabinets, handholes, manholes, <br /> maintained or to be placed or maintained in the public rights of way of the City and used or <br /> capable of being used to transmit, convey, route, receive, distribute, provide or offer <br /> communications services. <br /> COMMUNICATION •SERVICES The same meaning as that term is defined in § <br /> 202.11(3) of the Florida Statutes (2000). Notwithstanding the foregoing, "cable service", as <br /> defined in § 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the <br /> definition of "communications services," and cable service providers may be subject to other <br /> ordinances of the City. '° <br /> 19 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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