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HomeMy WebLinkAboutOrdinance 2005-229 ORDINANCE NO. 2005- 7..1..0, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EST ABLISHING REGULATIONS RELATING TO THE INST ALLA TION OF SATELLITE DISHES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Telecommunications Act ("Act") of 1996 was enacted by Congress in order to bring competition to, and increase consumer options in the marketplace with respect to video programming services; and WHEREAS, as a result of the enactment of the Act, the Federal Communication Commission ("FCC") adopted certain rules and regulations which affect the installation, maintenance, use of devices and size, one (I) meter or less in diameter designed to receive direct broadcast satellite services by an antenna; and WHEREAS, under FCC's rules, a municipality may prohibit the installation of satellite dishes on the common areas of multi-family buildings; and WHEREAS, the City Commission wishes to regulate the installation of satellite dishes to protect the safety of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section I. Purpose. The following regulations have been adopted to insure that satellite dish antennas comply with the health, safety and aesthetic objectives of the City. This Ordinance regulates satellite dishes in order to promote the health and safety of the residents of the City and to preserve the aesthetic value of its residential neighborhoods. Section 2. Definitions. The following definitions shall apply under this Ordinance. A. Code Enforcement Department is the City of Sunny Isles Beach, Code Enforcement Department. B. Common Area is an area that is owned in common by unit owners of a condominium unit. C. Exclusive use area is defined as an area in a condominium or an apartment which is under the exclusive use of the unit owner or tenant. This area is commonly kn0wn as the terrace area/or balcony. Installation of Satellite Dishes April 4, 2005 I D. Multi-family building is defined as a condominium, apartment-hotel, or apartment. E. Satellite dish antenna is defined as a satellite dish antenna that is two (2) meters or less in diameter; or a satellite dish antenna that is one (I) meter or less in diameter and is located in any area ofthe City. Section 3. Satellite Dish Antenna. The following requirements shall apply to satellite dish installation in multi-family residential zones: A. No satellite dish shall be installed on exterior walls of building. B. Satellite dish shall be located within the exclusive area of a condominium unit or an apartment. Notwithstanding the foregoing, no unit owner or tenant is permitted to install a satellite dish anywhere on the building except the exclusive use area. C. No satellite dish or antenna shall be extended out beyond the exclusive area. D. All satellite dishes must be installed in complete accordance with the Florida Building Code or any applicable regulations adopted by the City of Sunny Isles Beach. Section 4. Enforcement Penalties. The Code and Licensing Department shall be responsible for the enforcing the provisions of this Ordinance. Any person or entity found to be in violation of this Ordinance shall be subject to a $250.00 fine per occurrence. Section 5. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. Installation of Satellite Dishes April 4, 2005 2 Section 8. Effective Date: This Ordinance shall be effective ten days after adoption on second reading. ~h I\~ PASSED and ADOPTED on First Reading the ~ day of H- PASSED and ADOPTED on Second Reading this 12-~ day of 01 l/Jd.l4,v ,2005. A TTE8T: '2J ~.~~ Jane A. Hines, City Clerk ttomey Moved by: G~ J:GL'i.>~ Seconded by: C 6 uc iSt<t; - ~ Vote: 5~ 0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v{Y es) ~Yes) --;;;Y es) ~CY es) l7(y es) _(No) _(No) _(No) (No) _(No) Installation of Satellite Dishes April 4, 2005 3