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MOTION TO ADOPT PROPOSED ORDINANCE NO. 2018-08 (REVISION 1) ON SECOND AND FINAL READING.
PROPOSED ORDINANCE NO. 2018-08 IS AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA, AMENDING CHAPTER 121, “COMMUNICATIONS RIGHTS-OF-WAY” OF THE CITY OF PEMBROKE PINES CODE OF ORDINANCES TO AMEND DEFINITIONS RELATED TO COMMUNICATIONS FACILITIES LOCATED IN THE RIGHTS-OF-WAY WITHIN THE CITY OF PEMBROKE PINES; AND ENACTING A NEW SECTION 121.35, “SMALL AND MICRO WIRELESS FACILITIES” TO PROVIDE FOR THE REGULATION OF SMALL AND MICRO WIRELESS FACILITIES INSTALLED AND MAINTAINED WITHIN PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF PEMBROKE PINES, CONSISTENT WITH SECTION 337.401(7), FLORIDA STATUTES, AS MAY BE AMENDED FROM TIME TO TIME; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. During the 2017 legislative session, the Florida Legislature adopted Chapter 2017-42, Laws of Florida, known as the Advanced Wireless Infrastructure Deployment Act (the “Act”). The Act took effect on July 1, 2017. In order to provide uniformity between the City’s Code of Ordinances and the relevant statutory provisions contained in the Act, the proposed ordinance provides for a new Section 121.35, entitled “Small and Micro Wireless Facilities”.
2. Currently, Section 121.03, of the City’s Code of Ordinances defines Personal Wireless Service Facilities as follows:
Facilities for the provision of personal wireless services, and, for the purposes of this section, it shall include all of those "wireless communications facilities" as defined in F.S. § 365.172, as it may be amended, that are not also telecommunications towers as defined in this section. A power, light or other utility pole used exclusively as such prior to attachment of a personal wireless service facility shall not be considered a personal wireless service facility...
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