Nothing in this chapter authorizes a person to collocate small wireless facilities on:
(A) Property owned by a private party or property owned or controlled by the village or another unit of local government that is not located within rights-of-way, or a privately-owned utility pole or wireless support structure without the consent of the property owner;
(B) Property owned, leased or controlled by a park district, forest preserve district or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
(C) (1) Property owned by a rail carrier registered under § 18c-7201 of the Illinois Vehicle Code, being 625 ILCS 5/18c-7201, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in § 16-102 of the Public Utilities Act, 220 ILCS 5/16-102, without the consent of the rail carrier, public commuter rail service or electric utility.
(2) The provisions of this chapter do not apply to an electric or gas public utility or such utility’s wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection (i) of § 16-108.5 of the Public Utilities Act, being 220 ILCS 5/16-108.5(i). For the purposes of this division (C), PUBLIC UTILITY has the meaning given to that term in § 3-105 of the Public Utilities Act. Nothing in this chapter shall be construed to relieve any person from any requirement:
(1) To obtain a franchise or a state-issued authorization to offer cable service or video service; or
(2) To obtain any required permission to install, place, maintain or operate communications facilities, other than small wireless facilities subject to this chapter.
(Ord. 408, passed 6-13-2018)