§ 50-85. Placement or maintenance.

(a)

A registrant shall at all times comply with and abide by all applicable provisions of the state and federal law and all city ordinances, codes and regulations in placing or maintaining a communications facility in public rights-of-way.

(b)

A registrant shall not commence to place or maintain a communications facility in public rights-of-way until all applicable permits, if any, have been issued by the city or other appropriate authority, except in the case of an emergency. The term "emergency" means a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a preexisting service. The registrant shall provide prompt notice to the city of the placement or maintenance of a communications facility in public rights-of-way in the event of an emergency, and shall obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in public rights-of-way in connection with the emergency. The registrant acknowledges that, as a condition of granting such permits, the city may impose reasonable rules or regulations governing the placement or maintenance of a communications facility in public rights-of-way. Permits shall apply only to the areas of public rights-of-way specifically identified in the permit. The city may issue a blanket permit to cover certain activities, such as routine maintenance and repair, that may otherwise require individual permits.

(c)

As part of any permit application to place a new or replace an existing communications facility in public rights-of-way, the registrant shall provide the following:

(1)

The location of the proposed facilities, including a description of the facilities to be installed, where the facilities are to be located and the approximate size of facilities that will be located in public rights-of-way;

(2)

A description of the manner in which the facility will be installed (i.e., anticipated construction methods or techniques);

(3)

A maintenance or traffic plan for any disruption of the public rights-of-way;

(4)

Information on the ability of the public rights-of-way to accommodate the proposed facility, if available, and such information shall be provided without certification as to correctness, to the extent such information is obtained from other persons;

(5)

If appropriate, given the facility proposed, an estimate of the cost of restoration to the public rights-of-way;

(6)

The timetable for construction of the project, or each phase thereof, and the areas of the city which will be affected; and

(7)

Such additional information as the city finds reasonably necessary with respect to the placement or maintenance of the communications facility that is the subject of the permit application to review such permit application.

(d)

To the extent not otherwise prohibited by state or federal law, the city shall have the power to prohibit or limit the placement of new or additional communications facilities within a particular area of public rights-of-way.

(e)

All communications facilities shall be placed or maintained so as to not unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way. The use of trenchless technology (i.e., directional bore method) for the installation of facilities in the public rights-of-way, as well as joint trenching or the collocation of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. The director of public works or city engineer may promulgate reasonable rules and regulations concerning the placement or maintenance of a communications facility in public rights-of-way consistent with this article and other applicable law.

(f)

All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities.

(g)

After the completion of any placement or maintenance of a communications facility in public rights-of-way, or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to its original condition before such work. If the registrant fails to make such restoration within 30 days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the city may perform such restoration and charge the costs of the restoration against the registrant in accordance with F.S. § 337.402. For a period of 12 months following the original completion of the work, the registrant shall guarantee its restoration work, and shall correct any restoration work that does not satisfy the requirements of this article, at its own expense.

(h)

Removal or relocation, at the city's direction, of a registrant's communications facility in public rights-of-way shall be governed by the provisions of F.S. §§ 337.403 and 337.404.

(i)

A permit from the city shall constitute authorization to undertake only certain activities in public rights-of-way in accordance with this article, and shall not create a property right or grant authority to impinge upon the rights of others who may have an interest in the public rights-of-way.

(j)

A registrant shall maintain its communications facility in public rights-of-way in a manner consistent with accepted industry practice and applicable law.

(k)

In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. ch. 556.

(l)

The registrant shall use and exercise due caution, care and skill in performing work in the public rights-of-way, and shall take all reasonable steps to safeguard work site areas.

(m)

Upon the request of the city, and as notified by the city of the other work, construction, installation or repairs as set forth in subsection (r) of this section, a registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject public rights-of-way, and the registrant may be required to reasonably alter its placement or maintenance schedule, as necessary, to minimize disruptions and disturbance in the public rights-of-way.

(n)

A registrant shall not place or maintain its communications facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to sewers, gas or water mains, storm drains, pipes, cables or conduits of the city, the county or any other person's facilities lawfully occupying the public rights-of-way of the city.

(o)

The city shall make no warranties or representations regarding the fitness, suitability or availability of the city's public rights-of-way for the registrant's communications facilities and any performance of work, costs incurred or services provided by the registrant shall be at the registrant's sole risk. Nothing in this section shall affect the city's authority to add, vacate or abandon public rights-of-way, and the city makes no warranties or representations regarding the availability of any added, vacated or abandoned public rights-of-way for communications facilities.

(p)

The city shall have the right to make such inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to ensure compliance with this article.

(q)

An application for a permit to place a new or replace an existing communications facility in public rights-of-way shall include plans showing the location of the proposed installation of facilities in the public rights-of-way. If the plans provided require revision based upon actual installation, the registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the city, provided such electronic format is maintained by the registrant. Such plans, in a format maintained by the registrant, shall be provided at no cost to the city.

(r)

The city reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications and other types of facilities, cables or conduits, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the city in public rights-of-way occupied by the registrant. The city further reserves, without limitation, the right to alter, change, or cause to be changed, the grading, installation, relocation or width of the public rights-of-way within the limits of the city, and within such limits as they may be altered from time to time.

(s)

A registrant shall, on the request of any person holding a permit issued by the city, temporarily raise or lower its communications facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of facilities shall be paid by the person requesting such raising or lowering of facilities, and the registrant shall have the authority to require such payment in advance. The registrant shall be given not less than 30 days' advance written notice to arrange for such temporary relocation.

(t)

A wireless facility that is a portion of a communications facility, such as an antenna (wireless facility), which is attached to a legally maintained vertical structure in the public rights-of-way, such as a light pole or utility pole (vertical structure), shall be subject to the following:

(1)

Such wireless facilities may not extend more than ten feet above the highest point of the vertical structure;

(2)

Such wireless facilities which are attached to a vertical structure located in public rights-of-way that is five feet or less in width and is located adjacent to real property used as a single-family residence shall be flush-mounted to the vertical structure;

(3)

Such wireless facilities shall not have any type of lighted signal, lights or illuminations unless required by an applicable federal, state or local rule, regulation or law;

(4)

Such wireless facilities shall comply with any applicable Federal Communications Commission emissions standards;

(5)

The design, construction and installation of such wireless facilities shall comply with any applicable building codes;

(6)

Commercial advertising shall not be allowed on such wireless facilities; and

(7)

Any accessory equipment and related housing in the public rights-of-way that are used in conjunction with such a wireless facilities shall comply with any applicable local rules, regulations, ordinances or laws governing the placement and design of such equipment.

(u)

Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being placed in the public rights-of-way unless applicable zoning and land use laws or regulations allow such structures to be placed within the zoning district in which such public rights-of-way are located or to which they are adjacent.

(Ord. No. 01-04, § 1(21-25), 3-5-2001)