TITLE XIV:  PLANNING AND ZONING
Chapter
   14-1.   STREETS AND SIDEWALKS
   14-2.   LAND DEVELOPMENT CODE
CHAPTER 14-1:  STREETS AND SIDEWALKS
Section
General Provisions
   14-1-1   Discharging water and like substances
   14-1-2   Temporary closing of streets or public roads
   14-1-3   Obstructing streets or sidewalks
   14-1-4   Naming streets
   14-1-5   Authority of City Manager to regulate streets and parking
   14-1-6   Skateboards and rollerskates and other play equipment
Construction and Maintenance of Sidewalks
   14-1-20   Procedures and specifications for construction
   14-1-21   Application for permit; inspection of location
   14-1-22   Issuance; fee
   14-1-23   Resolution requiring construction; duty of property owners
   14-1-24   Inspection during construction
   14-1-25   Construction charges where construction done by city
   14-1-26   Damage to public sidewalks; duty to repair
Facilities Erected on Rights-of-Way
   14-1-35   Restrictions; issuance of permit
   14-1-36   Basis for issuance or denial
   14-1-37   Fee schedule
   14-1-38   Installation without permit
Tree Removal and Trimming
   14-1-39   Unlawful tree removal or trim
   14-1-40   Basis for issunace or denial
   14-1-41   Maintence
   14-1-42   Penalty
Parades, Demonstrations and the Like
   14-1-45   Permit required
   14-1-46   Sound trucks
   14-1-47   Denial; right of appeal
   14-1-48   Violation
Vacation and Abandonment of  Streets and Easements
   14-1-50   Short title
   14-1-51   Purposes and methods
   14-1-52   Application form
   14-1-53   Application fee
   14-1-54   Department designated to receive applications
   14-1-55   Procedures on vacation of rights-of-way and alleys
   14-1-56   Procedures on vacation of special purpose easement applications
   14-1-57   Action by City Commission
   14-1-58   Notice by Community Development Department
   14-1-59   Posting of notice
   14-1-60   Compensation to public interest
Telecommunications
   14-1-70   Intent and purpose
   14-1-71   Definitions
   14-1-72   Registration
   14-1-73   Fees and payments
   14-1-74   Reports and records
   14-1-75   Underground installation; relocation
   14-1-76   Use of rights-of-way
   14-1-77   Compliance with other laws; police power
   14-1-78   Transfer of control; sale or assignment
   14-1-79   Insurance; surety; indemnification
   14-1-80   Construction bond
   14-1-81   Security fund
   14-1-82   Enforcement remedies
   14-1-83   Force majeure
   14-1-84   Reservation of rights
   14-1-85   Savings
Wireless Facilities in the Rights-of-Way
   14-1-90   Intent and purpose; applicability to state-controlled right-of-ways
   14-1-91   Definitions
   14-1-92   Registration for placing or maintaining wireless facilities in public rights-of-way
   14-1-93   City-owned structures, facilities, and real property
   14-1-94   Prohibitions
   14-1-95   Applications; application requirements; timeframes
   14-1-96   Objective design standards
   14-1-97   Maintenance; construction; safety; and replacement
   14-1-98   Collocation on city utility poles
   14-1-99   Force majeure
   14-1-100   Reservation of rights and remedies
   14-1-101   Pass-through provider fees; collocation fees and other charges
   14-1-102   Insurance and bonds
   14-1-103   Compliance with state and federal law
   14-1-104   Relocation of wireless facilities
   14-1-105   Conditions of public right-of-way occupancy
   14-1-106   Notice of transfer; sale or assignment of assets in public rights-of-way
   14-1-107   Termination
   14-1-108   Abandonment
   14-1-109   Removal and relocation
   14-1-110   Inspection; correction of defects of the system
   14-1-111   Communications with regulatory agencies
   14-1-112   Indemnification
   14-1-113   Enforcement remedies
   14-1-114   Appeals
GENERAL PROVISIONS
§ 14-1-1  DISCHARGING WATER AND LIKE SUBSTANCES.
   It shall be unlawful for any occupant of any lot to throw or discharge from such lot any water or fluid substance so as to injuriously affect any sidewalk, street, lane or alleyway in the city. Any person violating this section shall, upon conviction, be punished as provided by § 1-1-99 of this code, for every 24 hours it is suffered to remain after notice by the Chief of Police or other policemen to remove the same; provided, that a citizen may by permission of the City Manager construct a drain, pipe or subway for such water or fluid substance to discharge itself. 
('76 Code, § 25-1)  Penalty, see § 1-1-99
§ 14-1-2  TEMPORARY CLOSING OF STREETS OR PUBLIC ROADS.
   (A)   A street or public road may be closed upon request up to three consecutive days by obtaining permission to close such street or public road from the Chief of Police. If the permission so requested is not granted, then the person requesting the closing shall have the right to appeal said denial to the City Commission at either a regular or special session of the City Commission.
   (B)   No street or public road may be closed for longer than three consecutive days except by permission of the Commission taken at either a regular or special session of said Commission. 
('76 Code, § 25-3) 
§ 14-1-3  OBSTRUCTING STREETS OR SIDEWALKS.
   (A)   It shall be unlawful for any person to stand or gather upon any sidewalk in the city in such manner as to obstruct the passage of persons along such sidewalk. 
('76 Code, § 19-14)
   (B)   No auctioneer, commission merchant or other merchant shall be allowed to obstruct any public street or sidewalk in the city for the purpose of selling, vending, showing or disposing of their wares or merchandise, or of delivering their goods, neither shall any assembly of persons, as bidders, be assembled for the purpose of bidding for the same, so as to obstruct free passage on such streets or sidewalks. 
('76 Code, § 19-16)
   (C)   No person shall place any trash, lumber, wood, glass or other obstruction in any public street, lane, alley or highway in the city, or upon any sidewalk; and any person violating this section, or who shall fail to refuse to remove such obstruction within 24 hours after being notified by the Chief of Police or other policeman, or who having removed such obstruction shall replace the same, shall be guilty of a misdemeanor. 
('76 Code, § 19-17)  Penalty, see § 1-1-99
Cross-reference:
   Auctioneers and sales merchants, see Chapter 5-8
§ 14-1-4  NAMING STREETS.
   The City Commission is authorized by resolution to name and rename any streets and public roads located within the city. The Commission is authorized to refuse to approve for recording in accordance with F.S. Chapter 177 any map or plat of a subdivision when recording of such plat would result in duplication of names of streets in public roads, or when such plat would be uncertain in the opinion of the Commission. 
('76 Code, § 25-6)  (Ord. 1823, passed 12-17-91)
§ 14-1-5  AUTHORITY OF CITY MANAGER TO REGULATE STREETS AND PARKING.
   (A)   The City Manager or his designee is hereby authorized to prohibit the use of any city streets, roads or highways by farm tractors, trailers, semitrailers and by trucks or other commercial vehicles, and to impose limitations as to the maximum number of wheels or axles, type or size thereof on designated streets, roads or highways, or when, in his opinion, the public safety is concerned, or when design limitations require said prohibitions, but said prohibitions and limitations shall not become effective until notice thereof is given by means of appropriate signs placed on such streets, roads or highways.
   (B)   The speed limit in the city shall be a maximum of 25 miles per hour upon all local roads in residential districts, except as otherwise posted, pursuant to conditions of division (C) below.
   (C)   In accordance with F.S. § 316.189, future speed limit alterations will be allowed by this section consistent with an investigation that has determined such a change is reasonable and in conformity to criteria promulgated by the state Department of Transportation.
   (D)   The City Manager or his designee shall further have the authority to designate specific speed limits for city roads when either public safety or design limitations require said limitation.
   (E)   In accordance with F.S. § 316.008(1)(a) the City Manager or his designee shall have the authority to place signage on city sidewalks and streets that regulate or prohibit parking in public parking spots. Failure to abide by the posted signage shall subject an individual to the penalties provided in § 1-1-99.
('76 Code, § 25-5)  (Ord. 1521, passed 6-21-88; Am. Ord. 2797, passed 4-19-11; Am. Ord. 2953, passed 5-2-17)
Cross-reference:
   Traffic regulations and speed limits, see Chapter 7-2
§ 14-1-6  SKATEBOARDS AND ROLLERSKATES AND OTHER PLAY EQUIPMENT.
   (A)   It shall be unlawful for any person to operate a skateboard or to rollerskate upon the streets and sidewalks within the downtown district as described in the Downtown Business District boundary.
   (B)   It shall be further unlawful for any person to operate a skateboard or to rollerskate upon the streets and sidewalks in the remainder of the city in such a manner as to cause a hazard to motorists or pedestrians.
   (C)   It shall be unlawful to erect, maintain or allow any basketball hoop or other large play structure or play equipment on the streets, sidewalks, or within the public right-of-way.  This includes but is not limited to: portable and permanent basketball hoops, soccer or hockey goals, swimming pools, swing sets, and sandboxes.  This prohibition specifically includes the area from the sidewalk to the public street, including any parking aprons which extend from a driveway to a public street.
(Ord. 1883, passed 3-2-93; Am. Ord. 2576, passed 11-8-05)  Penalty, see § 1-1-99
CONSTRUCTION AND MAINTENANCE OF SIDEWALKS
§ 14-1-20  PROCEDURES AND SPECIFICATIONS FOR CONSTRUCTION.
   (A)   Any person desiring to construct, alter or remove any public sidewalk, or any person required by the Commission to construct, alter or remove any public sidewalks shall do so in accordance with the procedure and specifications provided by this subchapter. 
('76 Code, § 25-16)
   (B)   All public sidewalks hereafter constructed within the city shall conform to the specifications required by the City Manager. 
('76 Code, § 25-24)
§ 14-1-21  APPLICATION FOR PERMIT; INSPECTION OF LOCATION.
   (A)   Except as provided in § 14-1-23(B), no public sidewalk may be constructed, altered or removed without written application having been submitted to the manager, on a form provided by the city, by the abutting property owner or his agent, requesting permission to do so. 
('76 Code, § 25-18)
   (B)   An application for a permit as required by § 14-1-21(A) may be submitted jointly by two or more adjacent property owners or their agents, for a single permit to cover a continuous strip of public sidewalk. 
('76 Code, § 25-19)
   (C)   Before a permit required by § 14-1-21(A) is issued, the City Manager or his representative shall inspect the location where the work is to be undertaken, and he shall determine the proper grade of such sidewalk and shall fix the sidewalk lines. 
('76 Code, § 25-20)
§ 14-1-22  ISSUANCE; FEE.
   Upon the compliance with the provisions of §§ 14-1-21(B) and (C), the City Manager shall issue a formal permit authorizing the applicant to proceed with the work on the sidewalk, as outlined in the permit, for which there shall be a permit fee of $2. The grade and lines as determined for such sidewalk pursuant to § 14-1-21(C) must be adhered to by the person performing the work. 
('76 Code, § 25-21)
§ 14-1-23  RESOLUTION REQUIRING CONSTRUCTION; DUTY OF PROPERTY OWNERS.
   (A)   When it is deemed to be in the public interest to have a particular public sidewalk constructed, repaired, altered or removed, the Commission, by resolution, may require property owners abutting on such sidewalk or their agents, to perform such work according to the grade and lines set by the manager and according to the specifications provided by this subchapter. 
('76 Code, § 25-22)
   (B)   When the City Commission by resolution has ordered any work on a particular sidewalk, the adjacent property owners shall cause such work to be begun within ten days after receiving proper notice of such resolution, and such work shall be completed within 35 days from the time of receiving such notice. Upon the failure of any person so notified to proceed with such work as provided herein, the City Commission shall have the same done and shall assess such costs against the abutting property, which assessment shall be payable in ten years, and shall bear interest at a rate of 8% per year. The City Commission, acting as the Board of equalization, may provide for a shorter time period for repayment on any particular project. Such assessment, when so made, shall constitute a lien upon such abutting property, to be enforced by the city in like manner as mechanic's liens. 
('76 Code, 25-23) (Ord. 1572, passed 11-1-88)
§ 14-1-24  INSPECTION DURING CONSTRUCTION.
   It shall be the responsibility of the City Manager or his representative to inspect the work being performed pursuant to this article during the course of the construction and after the work has been completed. 
('76 Code, § 25-25)
§ 14-1-25  CONSTRUCTION CHARGES WHERE CONSTRUCTION DONE BY CITY.
   If it becomes necessary for the city to perform the work of constructing or repairing the sidewalk under provisions of § 14-1-23(B), or for any other reason, the construction charges shall be done in an amount equal to the actual cost to the city for construction of said sidewalk and that the amount to be charged by the said city will be determined from time to time by the City Manager.
('76 Code, § 25-26) 
§ 14-1-26  DAMAGE TO PUBLIC SIDEWALKS; DUTY TO REPAIR.
   Any person, firm or corporation causing damage to a public sidewalk in the city shall repair such damage to the satisfaction of the city. Failure to make such repair will result in the city making the repair and charging the responsible person with the cost of said repairs. 
('76 Code, § 25-17)  (Ord. 1310, passed 10-15-85)  Penalty, see § 1-1-99
FACILITIES ERECTED ON RIGHTS-OF-WAY
§ 14-1-35  RESTRICTIONS; ISSUANCE OF PERMIT.
   No facilities shall be erected on city rights-of-way except those facilities necessary for the continuation of public services. Any construction planned on the city rights-of-way shall not be constructed unless a permit is first obtained from the City Manager or his designee. The issuance of permits for the construction, maintenance and operation of underground facilities within city rights-of-way or facilities which require excavation within city rights-of-way in order to be constructed, maintained or operated on the surface or overhead shall be conditioned upon the following:
   (A)   The permittee shall submit an application on a form designated by the City Manager or his designee.
   (B)   The permittee shall agree to restore the disturbed right-of-way to a condition equal to or better than before it was disturbed.
   (C)   The permittee shall not commence any work upon city right-of-way without a permit executed by a person authorized to legally bind the permittee and approved by the City Manager or his designee.
   (D)   The permittee shall pay a fee in accordance with the fee schedule contained herein.
   (E)   The permittee shall post a bond in an amount in accordance with the schedule contained herein but not less than 150% of the amount required to restore any foreseeable damage.
   (F)   The permittee shall present proof of liability insurance to the city in accordance with the schedule contained herein.
   (G)   In the event of emergency, the permittee may proceed with repairs but shall notify the proper authority as soon as practicable on the next working day and shall apply for a permit as described herein.
('76 Code, § 25-4(a))  (Ord. 1036, passed 5-6-80; Am. Ord. 1308, passed 9-24-85)
§ 14-1-36  BASIS FOR ISSUANCE OR DENIAL.
   As a basis to issue or deny a right-of-way utility permit, the City Manager or his designee shall ensure that the installation is planned in such a way that minimal damage is done to the city right-of-way.
   (A)   Pavement shall not be disturbed unless there is no other feasible way to construct the installation.
   (B)   Longitudinal cuts shall be placed far enough from pavement to avoid settlement cracks from reflecting into the pavement.
   (C)   All repairs to damage shall be done in accordance with city specifications and good engineering practice.
   (D)   The Commission may waive the requirement for fees and the bond to be posted in the case of franchised utilities within the city upon request of the utility. The bond requirement may be reimposed by the Commission at any time the Commission votes to rescind the waiver.
   (E)   A permit issued by the City Manager or his designee shall be void if work is not begun within 60 days unless an extension is granted by the City Manager.
   (F)   In the event it becomes necessary for the city to perform emergency repairs as a result of the permittee's actions, the city may recover all costs plus a penalty of 50% of those costs from the permittee or the bond posted for the project.
('76 Code, § 25-4(b))  (Ord. 1036, passed 5-6-80; Am. Ord. 1308, passed 9-24-85)
§ 14-1-37  FEE SCHEDULE.
   (Applied only to noncity-owned utility projects).
   (A)   Minimum.
 
FEE SCHEDULE
Project
Fee
Bond
Minimum
$ 25
$ 500
Additional
Open street cut (paved)
$150
$1000
Open street cut (unpaved)
$ 25
$ 250
Bore and jack
$ 50
$1000
Longitudinal cut (Per 100')
Cut less than 1' wide
$  1
$ 100
Cut 1' to 3' wide
$  3
$ 300
Cut 3' or more wide
$  5
$ 500
 
   (B)   Insurance.
      Minimum Liability
      Single injury         $100,000
      Aggregate personal injury   $300,000
      Property damage      $500,000
('76 Code, § 25-4(c))  (Ord. 1036, passed 5-6-80; Am. Ord. 1308, passed 9-24-85)
§ 14-1-38  INSTALLATION WITHOUT PERMIT.
   The installation of any facilities on the city right-of-way without a right-of-way utilization permit or disturbing the city right-of-way by excavation without a right-of-way utilization permit shall be considered a violation of this section and shall be punished in accordance with § 1-1-99 of the city code. If violations occur, each day may be considered a separate violation until the damage is repaired and approved by the City Manager or his designee. 
('76 Code, § 25-4(d))  (Ord. 1036, passed 5-6-80; Am. Ord. 1308, passed 9-24-85)  Penalty, see § 1-1-99
TREE REMOVAL OR TRIMMING
§ 14-1-39  UNLAWFUL TREE REMOVAL OR TRIM.
   It shall be unlawful for any person, entity, utility or other governmental agency to cut, trim, or remove any tree which has a four inch diameter at breast height (DBH) without first obtaining a permit from the City Manager or his designee.
   (A)   The permittee shall submit an application on a form designated by the City Manager or his designee.
   (B)   The permittee shall not commence any work upon a city right of way or utility easement without a permit executed by a person authorized to legally bind the permittee and approved by the City Manager or his designee.
   (C)   The permittee shall post a bond in an amount determined to replace and replant any tree improperly cut, trimmed or removed.
   (D)   The permittee shall agree to restore the right of way or utility easement to a condition equal or better than before the work.
   (E)   The permittee shall dispose of debris in a safe and proper manner.
(Ord. 2276, passed 6-1-99)
§ 14-1-40  BASIS FOR ISSUANCE OR DENIAL.
   As a basis to issue or deny a permit to remove or trim a tree, the City Manager or his designee shall ensure that minimal damage is done to the tree/trees to be affected. If it appears that significant loss or damage will occur to the trees then alternative methods of installation, reroutes, or locations of utility easements and rights of ways shall be pursued.
   (A)   The City Commission may wave the requirement of a bond of a franchised utility upon proof of financial ability to cover the loss of any trees. The City Commission at any time may reimpose the bond requirement.
   (B)   No permit shall be issued if there has been a violation of this ordinance within three months or there remains outstanding fines from violation of this ordinance.
(Ord. 2276, passed 6-1-99)
§ 14-1-41  MAINTENANCE.
   It shall be unlawful as a normal practice for any person, firm utility or other government agency to top any street tree, park tree, or other tree on public right of way or utility easement. Hatracking or topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove more than approximately one-third of the normal canopy or disfigure the tree. Trees severely damaged by storms or other causes where other pruning practices are impractical may be exempted at the determination of the City Manager or his designee.
(Ord. 2276, passed 6-1-99)
§ 14-1-42  PENALTY.
   If any person shall cut, trim or remove any tree in violation of this ordinance they shall be guilty of a misdemeanor and/or be subject to the specified fine in Section § 1-1-99.
(Ord. 2276, passed 6-1-99)
PARADES, DEMONSTRATIONS AND THE LIKE
§ 14-1-45  PERMIT REQUIRED.
   No processions, parades, demonstrations or rallies excepting the forces of the United States Armed Services, the military forces of this state and the forces of the Police and Fire Departments, acting within the scope of their official duties, shall occupy, march or proceed along any street or roadway except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply. 
   (A)   Any permit issued under this section shall only be valid for the times and dates specified thereon.  In no case shall the duration of any such permit issued be longer than seven consecutive days.
   (B)   This section shall not apply to any branch of the Untied States Armed Forces, the military forces of this state, or the forces of any local police or fire agency while acting within the scope of their official duties.
('76 Code, § 15-203)  Penalty, see § 1-1-99
§ 14-1-46  SOUND TRUCKS.
   No sound truck or other vehicle equipped with amplifier or loudspeaker shall be driven upon any street for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the Chief of Police. 
('76 Code, § 15-203)  Penalty, see § 1-1-99
§ 14-1-47  DENIAL; RIGHT OF APPEAL.
   In the event that the person is denied such permit, he may appeal said denial to either a regular or special session of the Commission. 
('76 Code, § 15-203)
§ 14-1-48  VIOLATION.
   Any person violating this subchapter by doing the prohibitive acts without having a permit shall be punished as prescribed under § 1-1-99
('76 Code, § 15-203)
VACATION AND ABANDONMENT OF STREETS AND EASEMENTS
§ 14-1-50  SHORT TITLE.
   This subchapter shall be known and may be cited as “the city street and easement abandonment article.”
('76 Code, § 25-31)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-51  PURPOSES AND METHODS.
   The purposes of this subchapter are to establish a uniform procedure to apply for the vacation and abandonment of city streets, alleys, special purpose easement and other nonfee interests of the city; to designate the departments of the city which shall be responsible for the processing of such applications; and to provide the methods and procedures for processing the applications.
('76 Code, § 25-32)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-52  APPLICATION FORM.
   (A)   All requests for vacation and abandonment of city streets, alleys, special purpose easements and other nonfee interests which the city may have in real property shall be made in writing upon an application form which shall be furnished by the city and which shall require the following information:
      (1)   The name and address of the applicant.
      (2)   A general description of the street, alley, special purpose easement or other nonfee interest of the city which the applicant seeks to have abandoned and the location of same. Where possible, a legal description by metes and bounds shall be provided, which description shall be accompanied by a plat, map or drawing which also shows the general area involved and the location of the specific property interest to be abandoned.
      (3)   The reason for the request to abandon.
      (4)   The names and addresses of the owners and occupants of real property bounding and abutting the street, alley, special purpose easement or other nonfee interest of the city which the applicant seeks to have abandoned.
      (5)   Such other relevant information as the city may require.
   (B)   The application shall be signed by the party or parties requesting same who shall verify same under oath that the information contained therein is true and correct.
('76 Code, § 25-33)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-53  APPLICATION FEE.
   If the application for abandonment pursuant to this subchapter is submitted by a citizen, owner or lessee of adjoining or affected property, the application shall be accompanied by the applicable fee as prescribed by Resolution No. 45-94 – A Resolution Setting the Land Development Code Fee Schedule, under Vacation of Right-of-Way or Easement.
('76 Code, § 25-34)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-54  DEPARTMENT DESIGNATED TO RECEIVE APPLICATIONS.
   Applications for abandonment pursuant to this subchapter, together with fees therefor, shall be made in duplicate and directed to the Community Development Department.
('76 Code, § 25-35)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-55  PROCEDURES ON VACATION OF RIGHTS-OF-WAY AND ALLEYS.
   (A)   Upon receipt of the application and fee pursuant to this subchapter, the Community Development Department shall review same for completeness and for compliance with the requirements of this subchapter.  The Community Development Department may reject the application if a similar application has been considered at any time within six months of the date the application is submitted.  The Community Development Department shall proceed as follows:
      (1)   Advise each public utility company that may be involved or concerned with the abandonment by sending them a copy of the application and requesting their review thereof and recommendations of approval or disapproval thereon to be made to the Community Development Department within ten days.
      (2)   Set a date for review by the Development Review Committee (DRC), and forward the original application to the DRC.
      (3)   Set a date for public hearing to be held by the Planning Advisory Board (PAB), and forward the original application to the PAB.
      (4)   Notify by regular mail the owners and occupants of real property bounding and abutting the street or alley, or portion thereof affected, and all the owners of property within 500 feet in all directions from the line of the street or alley or portion thereof affected giving the date and time of the PAB hearing.  The owner of property shall be deemed to be the person shown on the current city tax assessment roll as being the owner and such notice shall be sent to the address given on such assessment roll for that person.
      (5)   At least 14 days prior to the public hearing notify the general public by publishing notice in a newspaper of general circulation in the city of the public hearing to be held on the application by the PAB.
      (6)   Further notify the general public by posting signs upon the street or alley, or portion thereof affected, setting forth notice of the proposed abandonment and of the date of the public hearing to be held on the application by the PAB.
      (7)   Advise the City Commission of staff's recommendation pertaining to the report of the PAB.
   (B)   The PAB shall hold a public hearing and shall report its recommendations or status on the application for abandonment to the City Commission, and shall specifically include in its report the recommendations of the DRC.  Any monetary contribution received from an abandonment of right-of-way in a designated community redevelopment area shall be segregated from other funds within the right-of-way acquisition fund and shall be expended exclusively within the community redevelopment area.
   (C)   The PAB shall also consider the right and interest in the right-of-way subject to the application for abandonment from the standpoint of the benefit of the community as a whole, and shall make recommendations regarding any rearrangement of streets and rights-of-way which are involved in order to secure a more regular and harmonious system for traffic circulation.  Such report shall include an approximate valuation by the board, if necessary, of any such street or right-of-way to be abandoned and the extent to which the public interest and general welfare of the community might be compensated by obtaining any alternate right-of-way or any monetary contribution for additional rights-of-way, or by any combination thereof, in exchange for the abandonment.  Any monetary contribution which forms a part of the compensation to the public interest for such abandonment shall be expressly designated as such and any sums which shall be received by the city pursuant to these provisions shall be deposited in the city's local option gas tax revenue account.
('76 Code, § 25-36)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-56  PROCEDURES ON VACATION OF SPECIAL PURPOSE EASEMENT APPLICATIONS.
   Upon receipt of an application and fee pursuant to this subchapter, the Community Development Department shall review same for completeness and for compliance with the requirements of this subchapter.  The Community Development Department may reject the application if a similar application has been considered at any time within six months of the date the application is submitted.  The Community Development Department shall proceed as follows:
   (A)   Advise each public utility company that may be involved or concerned  with  the  abandonment  by sending them a copy of the application and requesting their review thereof and recommendations of approval or disapproval thereon to be made to the Community Development Department within not more than 10 days' time.
   (B)   Advise the DRC of the application made by forwarding a copy thereof to each member for their review thereof and recommendations of approval or disapproval thereon to be made to the Community Development Department after the next regular meeting of the DRC.
   (C)   Notify by regular mail the owners and occupants of real property bounding and abutting the special purpose easement or other nonfee interest of the city, or portion thereof affected, giving the date and time of the public hearing before the City Commission.  The owner of property shall be deemed to be the person shown on the current city tax assessment roll as being the owner and such notice shall be sent to the address given on such assessment roll for that person.
   (D)   Examine, analyze and review the application for abandonment and report its recommendations or status on the application for abandonment to the City Commission, and specifically include in its report the recommendations of approval or disapproval of those public utility companies, property owners and occupants contacted, and of the DRC as requested theretofore.
('76 Code, § 25-37)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-57  ACTION BY CITY COMMISSION.
   The City Commission shall consider the aforesaid reports and recommendations on applications for vacation and abandonment of rights-of-way, easements and alleys, as hereinbefore provided for as soon as possible after receipt of same, and shall, after public hearing and due consideration, either accept, modify or deny the recommendation in accordance with the best interests of the public.  If by the acceptance, modification, or denial of the recommendation, a change in the land use of the comprehensive plan (district map) is required, or if the aforesaid action of the City Commission necessitates a change in the existing property interests or rights, an ordinance setting forth the change shall be introduced as soon as possible.
('76 Code, § 25-38)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-58  NOTICE BY COMMUNITY DEVELOPMENT DEPARTMENT.
   The Community Development Department shall cause to be published in a newspaper of general circulation in the city the time and place of the public hearing of the proposed ordinance before the City Commission at least 14 days prior to the public hearing.  The Community Development Department shall also notify by regular mail, the owners and occupants of real property within 500 feet in all directions from the line of the street or alley or portion thereof affected, of the date and time of the public hearing of the vacation of right-of-way to be heard before the City Commission..
('76 Code, § 25-39)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-59  POSTING OF NOTICE.
   The Director of Community Development shall direct the posting of notice upon the subject property as designated under this subchapter.
('76 Code, § 25-40)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
§ 14-1-60  COMPENSATION TO PUBLIC INTEREST.
   All approved vacations and abandonments of city streets, alleys, special purpose easements and other nonfee interests whereby the property to be vacated or abandoned was acquired by gift, negotiation, sale and purchase or condemnation are conditioned upon compensation to the public interest for such vacation or abandonment of the fair market value of the subject property.
('76 Code, § 25-41)  (Ord. 1833, passed 5-26-92; Am. Ord. 2120, passed 8-13-96)
TELECOMMUNICATIONS
§ 14-1-70  INTENT AND PURPOSE.
   It is the intent of the city to promote the public health, safety, and general welfare by providing for the use of the public rights-of-way within the city, to adopt and administer reasonable regulations consistent with state and federal law, including F.S. 337.401, 362.01, and 337.29(3), and the city's home-rule authority in accordance with the provisions of the Telecommunications Act of 1996, to provide for the payment of compensation and other consideration by a telecommunications service provider to the city for the cost of regulating and maintaining the public rights-of-way and for the privilege of using the public rights-of-way within the city for constructing and maintaining telecommunications facilities, and to establish the reasonable regulations concerning the use of the public rights-of-way by all telecommunications service providers after the effective date of this subchapter. In regulating its public rights-of-way, the city shall be governed by and shall comply with all applicable federal, state and local laws and regulations.
(Ord. 2373, passed 12-19-00)
§ 14-1-71  DEFINITIONS.
   For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any permit that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended (collectively the "Communications Act"), and, if not defined therein, as defined by Florida Statute; and, if not defined therein, as defined in Black's Law Dictionary, latest edition and or in American Heritage College Dictionary, latest edition, be construed to mean the common and ordinary meaning.
   CITY.  The City of Kissimmee, an incorporated municipality of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.
   GROSS RECEIPTS.  All cash, credits or property of any kind or nature, with deductions for bad debt expense, reported as revenue items to the registrant's audited income statements arising from, or attributable to recurring local service revenues of registrant within the city. The city reserves the right to amend the definition contained herein as permitted by applicable law. The definition herein shall not be applicable as of October 1, 2001; or such other date as provided by law, provided that F.S. 337.401 is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.
   LAW.  Any local, state or federal legislative, judicial or administrative order, certificate, decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, guideline or other requirements, as amended, now in effect or subsequently enacted or issued including, but not limited to, the Communications Act of 1934, 47 U.S.C. § 151 et seq. as amended by the Telecommunications Act of 1996, Pub L. No. 104-104 § 101(a), 110 Stat. 70 codified at 47 U.S.C., and all orders, rules, tariffs, guidelines and regulations issued by the Federal Communications Commission or the governing state authority pursuant thereto.
   PERSON.  Any individual, corporation, partnership, association, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the city.
   PSC.  The Florida Public Service Commission.
   PUBLIC RIGHTS-OF-WAY.  The surface, the airspace above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, public easement, public place, or any other property in which the city holds any kind of property interest or over which the city exercises any type of lawful control and may lawfully grant access to pursuant to applicable law. PUBLIC RIGHTS-OF-WAY shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the public rights-of-way.
   RECURRING LOCAL SERVICE REVENUES.
      (1)   Revenues from the monthly recurring charges for local service, including but not limited to:
         (a)   Recurring basic area revenues derived from the provision of flat-rated basic area services;
         (b)   Recurring optional extended area revenues derived from the provision of optional extended area services;
         (c)   Local private line revenues derived from local services which provide communication between specific locations, either through dedicated circuits, private switching arrangements, predefined transmission paths, whether virtual or physical, or any other method of providing such services;
         (d)   Revenues from the sale of local services for resale; and
         (e)   Other local service revenues from the provision of secondary features that are integrated with the telecommunications network, including, without limitation, services such as call forwarding, call waiting, and touchtone line service.
      (2)   Except as provided herein, revenues from all recurring local services provided by a registrant over a telecommunications facility or system in the public rights-of-way shall constitute recurring local service revenues subject to this chapter.  RECURRING LOCAL SERVICE REVENUES do not include revenues from:
         (a)   Toll charges for the transmission of voice, data, video, or other information;
         (b)   Access charges paid by carriers for origination and/or termination of toll telephone service as defined in F.S. 203.012(7), or other charges required by the Federal Communications Commission which are directly passed through to end users;
         (c)   Interstate service;
         (d)   Ancillary services such as directory advertising, directory assistance, detailed billing services, inside wire maintenance plans, bad check charges, and non-recurring charges for installation, move, changes or termination services;
         (e)   Cellular mobile telephone or telecommunications services; or specialized mobile telephone or telecommunications service; or specialized mobile radio, or pagers or paging service, or related ancillary services;
         (f)   Public telephone charges collected on site;
         (g)   Teletypewriter or computer exchange services as defined in F.S. 203.012(6); or
         (h)   Local message rated (message, unit or time basis) and minutes of use charges in excess of the minimum flat-rated charges for similar services.
      (3)   This definition shall not be applicable as of October 1, 2001, or such other date as provided by law, provided that F.S. 337.401 is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.
   REGISTRANT or FACILITY OWNER.  A telecommunications company that has registered with the city in accordance with the provisions of this chapter.
   REGISTRATION and REGISTER  The process described in § 14-2-72 whereby a telecommunications provider provides certain information to the city.
   TELECOMMUNICATIONS COMPANY.  Has the meaning set forth in F.S. 364.02(12), as amended. The term TELECOMMUNICATIONS COMPANY does not include an open video system or a cable service provider.
   TELECOMMUNICATIONS FACILITIES, FACILITIES or SYSTEMS means cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, and related facilities located, to be located, used, or to be used, by a telecommunications service provider in the public rights-of-way of the city and used or useful for the transmission of telecommunications services.
   TELECOMMUNICATIONS SERVICE. Includes, without limitation, local service, toll service as defined in F.S. 203.012(7), telegram or telegraph service, teletypewriter service, private communication service as defined in F.S. 203.012(4), or any other provision of two-way communications services to the public for hire. TELECOMMUNICATIONS SERVICE, as contemplated herein, does not include the provision of service via an open video system or a cable service which shall require separate authorizations from the city.
   TELECOMMUNICATIONS SERVICE PROVIDER. Refers to any person providing telecommunications services, as defined herein, through the use of a telecommunications facility.
(Ord. 2373, passed 12-19-00)
§ 14-1-72  REGISTRATION.
   (A)   Any person, entity, or telecommunications service provider that desires to erect, construct, install, maintain, repair, expand, or use any tele-communications facilities in, under, over or across any public right-of-way in the city shall be considered to be using or occupying the rights-of-way and shall be required to register with the city in accordance with the terms of this chapter.
   (B)   Any person, entity, or telecommunications provider desiring to use the public right-of-way shall file a registration with the city which shall include the following information:
      (1)   Identity of the applicant and name, address and telephone number of applicant's primary contact person in connection with the registration;
      (2)   A statement of whether the applicant presently serves any telecommunications services customers at retail within the jurisdictional limits of the city at the time of registration or whether the applicant simply intends to lease its facilities to other telecommunications services companies who will be providing direct service to retail customers within the jurisdictional limits of the city. This information will allow the city to follow up, with the registrant, at the time the registrant begins to make physical use of the public rights-of-way, and allow the city to determine whether a linear mile charge is applicable in accordance with division (B)(5) of this section;
      (3)   Evidence of the insurance coverage required under this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter;
      (4)   A copy of federal and/or state certification authorizing the applicant to provide telecommunications services; and
      (5)   A security fund in accordance with this chapter.
   (C)   The city will review the information submitted by the applicant. Such review will be by the City Manager or his or her designee. If the applicant submits information in accordance with division (B) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in accordance with division (B) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within 30 days after receipt of registration information from the applicant. A registrant may cancel a registration upon written notice to the city noticing that it will no longer provide local service or toll service using public rights-of-way in the city and will no longer need to pull permits to perform work in public right-of-way.
   (D)   A registration shall not convey title, equitable or legal, in the public right-of-way. Registrants may only occupy public rights-of-way for telecommunications facilities. Registration does not excuse a telecommunications provider from obtaining appropriate access or pole attachment before locating its facilities on another person's facilities. Registration does not excuse a provider from complying with all applicable city ordinances, including this chapter.
   (E)   Each application for registration, transfer or renewal shall be accompanied by a nonrefundable application fee in the amount of $800. The fee amount shall be equal to the city's costs and expenses incurred in connection with approving the registration, transfer or renewal. If the application fee is insufficient to cover all costs or expenses incurred by the city in connection with approval of the registration, transfer or renewal the applicant shall reimburse the city for any such costs and expenses in excess of the application fee. Fee amounts may be amended from time to time, by resolution of the City Commission, for the purpose of complying with this provision. This application fee may be credited against fees due under § 12-2-74.
   (F)   Registration with the city shall be nonexclusive. Registration does not establish any priority for the use of the public right-of-way by a registrant or any other registrants. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted during the term of the registration.
(Ord. 2373, passed 12-19-00; Am. Ord. 2389, passed 7-31-01)
§ 14-1-73  FEES AND PAYMENTS.
   (A)   In consideration for the rights, privileges and permission granted hereunder, a registrant hereunder shall pay to the city annually a sum equal to one percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of the city. Included within such one percent maximum fee or consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. 337.401(5), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and occupational license taxes levied or imposed by the city upon a registrant. In the event that applicable law currently permits or is amended to permit the city to collect a fee higher than one percent, or permits the city to calculate the fee on revenues not specified herein, the registrant agrees to increase, following written notice from the city, its fee payments to the city to that higher amount on the effective date of such law. In the event applicable law is amended to require the city to collect a fee lower than the current statutory limit, the city shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the city quarterly, with such payments made within 20 days following the end of each calendar quarter. Payments received after the 31st day shall be subject to interest at the maximum allowed by law, and late charges of one and one-half percent per month.
   (B)   A registrant that makes physical use of the public rights-of-way and who is not providing tele-communications services as defined in F.S. § 203.012(3), or as of October 1, 2001, a registrant that makes physical use of the public rights-of-way and who is not serving a communications service customer at retail within the jurisdictional limits of the city at the time the registrant begins to make physical use of the public right-of-way, shall pay to the city annually no less than $500 per linear mile of any cable, fiber optic, or other pathway that makes physical use of the public rights-of-way. The city may adopt additional fees or other consideration, provided that any fee or other consideration imposed by the city in excess of $500 per linear mile shall be applied in a nondiscriminatory manner and shall not exceed the sum of:
      (1)   Costs directly related to the inconvenience or impairment solely caused by the disturbance of the public rights-of-way;
      (2)   The reasonable cost of the regulatory activity of the city; and
      (3)   The proportionate share of cost of land for such street, alley or other public way attributable to utilization of the public rights-of-way by a telecommunications service provider.
   The fee or other consideration imposed pursuant to this subdivision shall not apply in any manner to any telecommunications company which provides telecommunications services as defined in F.S 203.012(3) for any services provided by such telecommunications company.
   (C)   Notwithstanding anything herein to the contrary, the city shall at all times hereby require the maximum compensation allowed under applicable law.
   (D)   Except to the extent prohibited by applicable law:
      (1)   The fee payments to be made pursuant to this section shall not be deemed to be in the nature of a tax;
      (2)   Such fee payments shall be in addition to any and all taxes of a general applicability;
      (3)   A registrant shall not have or make any claim for any deduction or other credit of all or any part of the amount of said fee payments from or against any of said city taxes or other fees or charges of general applicability which registrant is required to pay to the city, except as required by law; and
      (4)   The fee specified herein is the minimum consideration for use of the public rights-of-way, including all public easements, for the purpose of installing and maintaining a telecommunications facility.
   (E)   The payments required under this section shall not apply as of October 1, 2001.  Additionally, after October 1, 2001, this section should continue to apply to any person or entity that does not directly serve a communications services customer at retail within the jurisdictional limits of the city.
(Ord. 2373, passed 12-19-00; Am. Ord. 2389, passed 7-31-01)
§ 14-1-74  REPORTS AND RECORDS.
   (A)   The city may, at its option, upon 60 days notice to the registrant, but in no event more often than once per year, examine the records and accounting files, and such other books and records, if such records relate to the calculation of fee payments or any other payments due to the city under the terms of this chapter. The examination of such books, accounts, records or other materials necessary for determination of compliance with the terms, provisions, and requirements of this chapter shall be during regular hours of business of the registrant at an office of the registrant located within the county, or at another location satisfactory to the city. In the event that the city, pursuant to an audit, determines that there exists a discrepancy in the amount paid and the amount owed to the city by the registrant in excess of two percent, registrant shall pay all reasonable costs, fees and expenses of the audit. This section shall not apply for periods after October 1, 2001, or such other date as provided by law, provided that F.S. 337.401 is amended effective October 1, 2001, as set forth in Chapter 00-260, Laws of Florida, 2000.
   (B)   Upon reasonable request, a registrant shall provide the following documents to the city as received or filed:
      (1)   Any pleadings, petitions, notices, applications, communications, reports and documents, which may directly impact the obligations under this chapter and which are reasonably necessary for the city to protect its interests under this chapter.
      (2)   Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy.
   (C)   In addition, the city may, at its option, and upon reasonable notice to the registrant, inspect the facilities in the public rights-of-way to ensure the safety of its residents.
   (D)   The city shall keep any documentation, books and records of the registrant confidential to the extent required under Florida Statutes.
(Ord. 2373, passed 12-19-00)
§ 14-1-75  UNDERGROUND INSTALLATION; RELOCATION.
   (A)   To the extent required by applicable city rules and regulations and not inconsistent with applicable PSC rules and regulations, a registrant shall install its facilities underground.
   (B)   Every registrant which places or constructs telecommunications facilities underground shallmaintain appropriate participation in the regional notification center for subsurface installations.
   (C)   Any telecommunications facilities heretofore or hereafter placed upon, under, over, or along any public rights-of-way that is found by the city to be unreasonably interfering in any way with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of such public rights-of-way shall, upon 30 days written notice to the registrant or its agent, be removed or relocated by such registrant at its own expense except as explicitly provided under F.S. 337.403. The City Manager may waive or extend the time within which a registrant shall remove or relocate a telecommunications facility, for good cause shown.
   (D)   The registrant shall not in any way displace, damage, or destroy any sewer, water main, pipe or any other facilities belonging to the city, or to any third party who placed such facilities therein by express authority of the city and in compliance with all of the requirements which accompany such express authority. The registrant shall be liable to the city for the costs of any repairs made necessary by any such displacement, damage or destruction, of facilities belonging to the city, and the registrant shall pay such costs upon demand. In the case of an emergency, the city may commence repairs without any prior notice to the registrant. The term emergency shall mean a condition that may affect the public's health, safety or welfare. In the event of an emergency the city may cause the repairs to be made at the facility's owner expense, utilizing city employees, agents or contractors, charge any and all costs, and require reimbursement within 30 days after the submission of the bill by the city to the registrant. In all other non-emergency circumstances, the registrant shall be given prior written notice. If such repairs are not performed in a reasonable and satisfactory manner within the 30 calendar days after receiving notice, the city may cause the repairs to be made at the facility's owner expense, utilizing city employees, agents or contractors, charge any and all costs, and require reimbursement within ten days after the submission of the bill by the city to the registrant.
   (E)   Subject to F.S. 337.403, whenever an order of the city requires such removal or change in the location of any telecommunications facility from the public rights-of-way, and the facility owner fails to remove or change the same at its own expense to conform to the order within the time stated in the notice, the city may proceed to cause the telecommunications facility to be removed. The expense thereby incurred except as provided in F.S. 337.403(1)(a)-(c), shall be paid out of any money available therefore, and such expense shall be charged against the owner of the telecommuni-cations facility and levied, collected and paid to the city.
   (F)   Subject to F.S. 337.403, whenever it shall be necessary for the city to remove or relocate any telecommunications facility, the owner of the telecommunications facility, or the owner's chief agent, shall be given written notice of such removal or relocation and an order requiring the payment of the costs thereof, and shall be given reasonable time, which shall not be less than 20 nor more than 30 days in which to file an appeal with the City Commission to contest the reasonableness of the order. Upon receipt of a written appeal, the City Commission shall place the matter on the Commission's agenda for consideration within 45 working days. Should the owner or the owner's representative not appear, the determination of the cost to the owner shall be final, in accordance with F.S. 337.404.
   (G)    To the extent permitted by law, a final order of the city shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the office of the Clerk of the Circuit Court of the county wherein the owner's property is located.
   (H)   The city retains the right and privilege to cut or move any facilities located within the public rights-of-way of the city, as the City Manager in his/her reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility.
   (I)   Upon abandonment of a facility within the public rights-of-way of the city, the owner of the facility shall notify the city within 90 days. Following receipt of such notice, the city may direct the facility owner to remove all or any portion of the facility if the city determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the city does not direct the removal of the abandoned facility by the owner of the facility, such owner, by its notice of abandonment to the city, shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
   (J)   Notwithstanding anything to the contrary, a facility owner agrees to provide the city, within 30 days of filing or receipt of such, any document that may prevent compliance with the requirements of a permit in connection with the installation, construction or maintenance of its facilities, or use of facilities in the public right-of-way. This obligation shall only extend to such work in the public right-of-way for which a facility owner has applied for, or obtained a permit from the city.
(Ord. 2373, passed 12-19-00)
§ 14-1-76  USE OF RIGHTS-OF-WAY.
   (A)   A facility owner agrees at all times to comply with and abide by all applicable provisions of the state statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with state and federal laws.
   (B)   Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, and which shall require subsequent notification to the city, no telecommuni-cations service provider shall construct any facility on, over, above, along, upon, under, across, or within any public right-of-way which disrupts the public rights-of-way without first filing an application with and obtaining a permit from the city therefore, pursuant to applicable permitting requirements of the city, and other applicable city code requirements, except as otherwise provided in this chapter. In case of the repair or maintenance of an existing facility, the city may impose lesser requirements than those set forth herein. Unless otherwise required by the city code, no permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the public rights-of-way.
   (C)   As part of any permit application, the facility owner shall provide a proposal for construction of the telecommunications facility that sets forth at least the following:
      (1)   The location of the proposed facility, including a description of the feet of plant to be installed, where it is to be located, and the approximate size of facilities and equipment that will be located in, on, over, or above the public rights-of-way.
      (2)   A description of the manner in which the system will be installed (i.e. anticipated construction methods and/or techniques), the time required to construct the system, a maintenance of traffic plan for any disruption of the public rights-of-way, including information on the ability of the public rights-of-way to accommodate the proposed system, if available (such information shall be provided without certification as to correctness, to the extent obtained from other users of the public rights-of-way). Also, if appropriate given the system proposed, an estimate of the cost of restoration to the public rights-of-way. Such plan shall include the timetable for construction for each phase of the project, and the areas of the city which will be affected.
   (D)   The city may request such additional information as it finds reasonably necessary to review an application for a permit to perform work in the public rights-of-way. The city shall have the power to prohibit or limit the placement of new or additional facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests of permittees to occupy and use the rights-of-way. The city shall strive to the extent possible to accommodate all existing and potential users of the public rights-of-way, but may prohibit or limit placement of new or additional facilities in any public rights-of-way, for the protection of existing facilities in the public rights-of-way, or for future city plans for public improvements and development projects which have been determined by the city to be in the public interest.
   (E)   All facilities shall be installed, located and maintained so as not to unreasonably interfere with the use of the public rights-of-way by the traveling public and to cause minimum interference 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 and/or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever possible. The city may issue such rules and regulations concerning the installation and maintenance of a telecommunications facility in the public rights-of-way, as may be consistent with applicable law.
   (F)   All safety practices required by applicable law or accepted industry practices and standards shall be used during construction, maintenance, and repair of the telecommunications facilities.
   (G)   In the event that at any time during the term of the rights granted herein the city shall lawfully elect to alter, or change the grade of, any public rights-of-way, upon reasonable notice by the city, shall make any necessary removals, relaying and relocations of its telecommunications facilities at its own expense, in accordance with applicable law.
   (H)   A facility owner shall obtain any and all required permits and pay any and all required fees before commencing any construction on or otherwise disturbing any public rights-of-way as a result of its construction, except as provided herein. The facility owner shall, at its own expense, restore such property to as good a condition as existed prior to commence-ment of work. If such restoration is not performed in a reasonable and satisfactory manner within 30 calendar days after the completion of construction, the city may, after prior written notice to registrant, cause the repairs to be made at the facility's owner expense, utilizing city employees, agents or contractors, charge any and all costs, and require reimbursement within 30 days after the submission of the bill by the city to the registrant. A permit from the city constitutes authorization to undertake only certain activities on public rights-of-way in accordance with this chapter, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the publicrights-of-way. Nothing herein shall prohibit the city from negotiating with a facility owner for the installation of a city conduit in any open trench that may be permitted; or prohibit a facility owner from exercising its rights under 47 U.S.C. Section 224.
   (I)   All ongoing installation, construction and maintenance of a telecommunications facility located in the public rights-of-way shall be subject to the city's periodic inspection, upon no less than three days written notice to the facility owner, for compliance with this chapter, or any applicable provisions of the city code.
   (J)   A facility owner shall not place its facilities so as to interfere unreasonably with any other person lawfully using the public rights-of-way of the city.
   (K)   A facility owner shall cooperate with the city by providing timely and complete information requested under this division. Upon completion of any installation or construction of new facilities in public right-of-way, at no cost to the city, the facility owner shall provide such information, as may be requested, showing the exact location of its facilities and structures, including but not limited to, as-built plans, maps, geographical information systems, plats, construction documents, drawings and any other information the city may find reasonably necessary. Such plans shall be provided in digitized format showing the two-dimensional location of the facilities based on the city's Geographical Database datums, or other format acceptable to the City Manager. In no event shall any proprietary confidential information be required to be disclosed pursuant to this section, except that the location of the telecommunications facilities placed in the public rights-of-way shall not be deemed proprietary confidential information.
   (L)   Suspension of permits. Subject to division (M) below, the City Manager or a designee may suspend a permit for work in the public rights-of-way for one or more of the following reasons:
      (1)   Violation of permit conditions, including conditions set forth in this chapter or other applicable provisions of the city code or regulations governing use of public rights-of-way; or
      (2)   Misrepresentation or fraud by registrant in a permit application to the city; or
      (3)   Failure to relocate or remove facilities as may be lawfully required by the city;
      (4)   Failure of registrant, its employees, agents or subcontractors, in connection with the subject permit, to place barricades or signs around the work area, take reasonable safety precautions to alert the public of work at the work site, or repair, replace and restore any sidewalk, street, alley, pavement, water, sewer or other utility line or appurtenance, soil, landscaping dirt or other improvement, property or structure of any nature. In the event of such failure, the city may perform the work utilizing city employees, agents or contractors, charge any and all costs, and require reimbursement within 30 days after the submission of the bill by the city to registrant.
   (M)   Final, written decisions of the city suspending a permit or denying an application for a registration are subject to appeal. An appeal must be filed with the city within 30 days of the date of the final, written decisions to be appealed. Any appeal not timely filed asset forth above shall be waived. The City Commission shall hear the appeal no later than 45 days from the end of the 30 day appeal period, unless waived by the registrant. Upon correction of any violation that gave rise to a suspension or denial of permit, the suspension or denial shall be lifted.
   (N)   In the event registrant desires to use its existing facilities or to construct new facilities for the purpose of providing other utility or non-utility services to existing or potential consumers or resellers, by providing cable services, or any other services other than the provision of telecommunications service, or for providing any other use to existing or potential consumers, a registrant shall seek such additional and separate authorization from city for such activities as may required by applicable law. In the event that a registrant is acting in its proprietary function as a retail provider of telecommunications equipment or appliances, registrant shall seek the appropriate permits and licenses from the city.
   (O)   To the extent that any person or registrant leases or otherwise uses the facilities of an entity that is duly registered or otherwise authorized to place and maintain facilities in the public rights-of-way of the city, the person or Registrant shall make no claim, nor assert any right, which will impede the lawful exercise of the city's rights, including requiring the removal of such facilities from the public rights-of-way of the city, regardless of the effect on the persons ability to provide service or on the registrant's ability to maintain its own telecommunications facilities in the public rights-of-way of the city.
   (P)   Termination of registration. The termination of a registration may only be accomplished by an action of the City Commission. The city may declare the registration terminated and revoke and cancel all privileges granted under that registration if a federal or state authority suspends, denies, or revokes a registrant's certification to provide telecommunications service, the registrant's use of the public right-of-way presents an extraordinary danger to the general public or other users of the right-of-way, or the registrant abandons its facilities. Prior to such termination by the city resulting from a violation of any of the provisions ofthis division, the registrant shall be notified by the City Manager with a written notice setting forth all matters pertinent to such violation, and describing the action of the city with respect thereto. The registrant shall have 60 days after receipt of such notice within which to cure the violation, or within which to present a plan, satisfactory to the City Commission, to accomplish the same. In the event of such termination, the registrant shall, within a reasonable time following such termination, remove or abandon the facilities and take such steps as are necessary to render every portion of the facilities remaining within the public right-of-way of the city safe. If the registrant has either abandoned its facilities or chooses to abandon its facilities, the city may either require the registrant's bonding company to remove some or all of the facilities from the public right-of-way and restore the public right-of-way to its proper condition or the city may require that some or all of the facilities be removed and the public right-of-way restored to its proper condition at the registrant's expense, utilizing city employees, agents or contractors, and charge any and all costs, and require reimbursement. The obligations of the registrant hereunder shall survive the termination of the registration. In the event of a termination of registration, this provision does not permit the city to cause the removal of any facilities that are used to provide another service for which the registrant holds a valid certification with the governing federal and state telecommunications agencies and is properly registered with the city, for such certificated service, under this chapter.
(Ord. 2373, passed 12-19-00)
§ 14-1-77  COMPLIANCE WITH OTHER LAWS; POLICE POWER.
   A facility owner shall at all times be subject to and shall comply with all applicable federal, state and local laws. A facility owner shall at all times be subject to all lawful exercises of the police power of the city, to the extent not inconsistent with applicable laws.
(Ord. 2373, passed 12-19-00)
§ 14-1-78  TRANSFER OF CONTROL; SALE OR ASSIGNMENT.
   (A)   If the registrant transfers or assigns its registration incident to a sale or other transfer of the registrant's assets, the transferee or assignee shall be obligated to comply with the terms of this chapter. Written notice of any transfer, sale or assignment shall be provided to the city within 20 days of the effective date of the transfer, sale or assignment. In order for the transfer of registration to be effective, such written notice must include the identity of the prospective transferee or assignee, and include evidence that the transferee or assignee is certificated by the Florida Public Service Commission, has complied with the insurance and bonding requirements as required under this chapter, and has acknowledged, as required by § 14-1-72 of this chapter, that the transferee or assignee will abide by and comply with the terms and conditions of this chapter.
   (B)   Notwithstanding anything in this chapter, pledges in trust or mortgages or other hypothecations of the assets of the registrant to secure the construction, operation or repair of its telecommunications facilities may be made to any person without notice to the city. Any mortgage, pledge, lease or other encumbrance of the telecommunications facilities shall be subject and subordinate to the rights of the city by virtue of this chapter or other applicable law.
(Ord. 2373, passed 12-19-00)
§ 14-1-79  INSURANCE; SURETY; INDEMNIFICATION.
   (A)   A facility owner shall at all times maintain the following liability insurance coverage insuring the registrant and naming the city, its officers, boards, commission, commission members, agents and employees as an additional insured: worker's compensation and employer liability insurance to meet all requirements of Florida law and commercial general liability insurance with respect to the construction, operation and maintenance of the telecommunications facilities, and the conduct of registrant's business in the city, in the minimum amounts of:
      (1)   $500,000 for property damage in any one accident;
      (2)   $500,000 for personal bodily injury to any one person; and
      (3)   $1,000,000 for personal bodily injury in any one accident.
   (B)   All insurance policies shall be with sureties qualified to do business in the State of Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition except as provided in division (D) below. The city may require coverage and amounts in excess of the above minimums where necessary to reflect changing liability exposure and limits or where required by law. A registrant may provide a portion of the insurance coverage required by division (A) through excess or umbrella policies of insurance and where such policies are in a form acceptable to the city's Risk Manager.
   (C)   A registrant shall keep on file with the city certificates of insurance which certificates shall indicate that the city, its officers, boards, commission, commission members, agents and employees are listed as additional insureds. In the event of a potential claim such that the city claims insurance coverage, the facilityowner shall immediately respond to all reasonable requests by the city for information with respect to the scope of the insurance coverage.
   (D)   The certificates of insurance shall further provide that any cancellation or reduction in coverage shall not be effective unless 30 days' prior written notice thereof has been given to the city. A registrant shall not cancel any required insurance policy without submission of proof that the registrant has obtained alternative insurance satisfactory to the city which complies with this chapter. A registrant that elects to self-insure all or a portion of the insurance coverage and limit requirements required by this section is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under this section. A registrant that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under this section, such as evidence that the registrant is a "private self insurer" under the Worker's Compensation Act. For purposes of this section, "self-insure" shall also include a registrant which insures through a "captive insurer" as defined in F.S. 628.901.
   (E)   A registrant shall, at its sole cost and expense, release, indemnify, hold harmless, and defend the city, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its telecommunications system or facilities in the public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this chapter, provided, however, that a facility owner's obligation hereunder shall not extend to any claims caused by the negligence of the city. In addition, and notwithstanding anything to the contrary, any telecommunications service provider seeking initial or renewal registration on or after the effective date of this chapter shall release, indemnify and hold harmless the city, its officials, boards, members, agents or employees against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses, sustained by the city or any third party arising out of or resulting from any acts or omissions of the facility owner, its employees or agents related to or in any way arising out of the construction, maintenance or operation of the telecommunications system or facilities in the public rights-of-way. This provision includes, but is not limited to, the city's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings, claims arising out of copyright infringements or a failure by the registrant to secure consents from the owners, authorized distributors, or providers of telecommuni-cations services, and claims against the registrant for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark, or patent, or of any other right of any person, firm, or corporation. City agrees to notify the registrant, in writing, within a reasonable time of the city receiving notice, of any issue it determines may require indemnification. Nothing in this section shall prohibit the city from participating in the defense of any litigation by its own counsel and at its own cost if in the city's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this provision shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Florida, and as a waiver of sovereign immunity beyond the waiver provided in F.S. 768.28.
(Ord. 2373, passed 12-19-00)
§ 14-1-80  CONSTRUCTION BOND.
   (A)   Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, prior to performing any work in the public rights-of-way, a registrant shall establish in the city's favor a construction bond in an amount specified in an engineering permit or other authorization as necessary to ensure the registrant's faithful performance of the construction or other work in the public rights-of-way, in accordance with applicable sections of the city code. The amount of the construction bond shall be as set forth in the engineering permit, and may be modified in the City Manager's reasonable discretion, based on the cost of the restoration to take place in the public rights-of-way, and any previous history of the registrant concerning construction within the public rights-of-way of the city.
   (B)   In the event a registrant subject to such a construction bond fails to complete the work in a safe, timely and competent manner in accordance with the provisions of the permit, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, or the cost of completing the work, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond.
   (C)   No less than six months after completion of the construction and satisfaction of all obligations in accordance with the bond, the city may eliminate the bond. Notwithstanding, the city may require a new bond for any subsequent work performed in the public right-of-way.
   (D)   The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall besubject to the approval of the City Attorney; and shall provide that:
   "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew".
   (E)    The rights reserved by the city with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the city may have under this chapter, or at law or equity.
   (F)   The rights reserved to the city under this section are in addition to all other rights of the city, whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the city may have.
(Ord. 2373, passed 12-19-00)
§ 14-1-81  SECURITY FUND.
   At the time of the registrant's application, the registrant shall file with the city, for city approval, an annual bond or corporate guarantee in the sum of $25,000 having as a surety a company qualified to do business in the State of Florida, and acceptable to the City Manager or a designee. The bond or guarantee shall be conditioned on the full and faithful performance by the registrant of all requirements, duties and obligations imposed upon registrant by the provisions of this chapter. The bond or guarantee shall be furnished annually, or as frequently as necessary, to provide a continuing guarantee of the registrant's full and faithful performance at all times. In the event a registrant fails to perform its duties and obligations imposed upon the registrant by the provisions of this chapter, subject to § 14-1-82 below, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the registrant, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. In lieu of the bond or guarantee required by this section, the city may in its reasonable discretion accept a corporate guarantee of the registrant or its parent company, if the registrant is a publicly traded company and maintains an insurance rating of no less than A-.
(Ord. 2373, passed 12-19-00)
§ 14-1-82  ENFORCEMENT REMEDIES.
   (A)   In addition to any other remedies available at law or equity or provided in this chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to use of the public rights-of-way:
      (1)   Failure to comply with the provisions of this chapter or other law applicable to users and/or occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the city in an amount of not less than $100 per day or part thereof that the violation continues.
      (2)   In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
   (B)   Before imposing a fine pursuant to this section, the city shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to cure the violation and the city shall make good faith reasonable efforts to assist in resolving the violation. If the violation is not cured within that 30 day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.
   (C)   In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest.
   (D)   Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
   (E)   In any proceeding before the City Commission wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the chapter. The City Commission may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.
   (F)   The City Manager or his/her designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law.
(Ord. 2373, passed 12-19-00)
§ 14-1-83  FORCE MAJEURE.
   In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the facility owner's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that such owner uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a facility owners control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents.
(Ord. 2373, passed 12-19-00)
§ 14-1-84  RESERVATION OF RIGHTS.
   (A)   The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers.
   (B)   This chapter shall be applicable to all telecommunications facilities permitted to be placed in the public rights-of-way, on or after the effective date of this chapter, and shall apply to all existing telecommunications facilities in the public rights-of-way prior to the effective date of this chapter, to the full extent permitted by state and federal law. Providers with existing lines and cables have 120 days from the effective date of this chapter to comply with the terms of this chapter, or be in violation thereof.
   (C)   The city reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this chapter. Registrant agrees to advise city of any such suits.
(Ord. 2373, passed 12-19-00)
§ 14-1-85  SAVINGS.
   All fees, charges and financial obligations previously accrued pursuant to any ordinances shall continue to be due and owing until paid.
(Ord. 2373, passed 12-19-00)
WIRELESS FACILITIES IN THE RIGHTS-OF-WAY
§ 14-1-90  INTENT AND PURPOSE; APPLICABILITY TO STATE-CONTROLLED RIGHTS-OF-WAYS.
   (A)   Intent and purpose. It is the intent of the City to promote the public health, safety and general welfare by:
      (1)   Providing for the placement or maintenance of wireless facilities in the public rights-of-way within the city;
      (2)   Adopting and administering reasonable rules and regulations not inconsistent with state law, including F.S. § 337.401 as amended by the Advanced Wireless Deployment Act, the city’s homerule authority, and the provisions of the Federal Telecommunications Act of 1996 and other federal laws;
      (3)   Establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in the public rights-of-way by all communications services providers;
      (4)   Protecting the city’s aesthetic qualities; and
      (5)   Minimizing disruption to the public rights-of-way.
   (B)   State-controlled rights-of-way. This chapter shall apply to wireless facilities in public rights-of-way under the control and jurisdiction of the city. This chapter shall also apply to wireless and communications facilities in public rights-of-way under the control and jurisdiction of the Florida Department of Transportation, provided that the city is authorized to apply this chapter under a permit-delegation agreement between the city and Department in accordance with F.S. § 337.401(l)(a), or as otherwise provided by law.
(Ord. 2983, passed 8-21-18)
§ 14-1-91  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In those cases wherein a word or words are not defined, its definition shall be as found in Black’s Law Dictionary, latest edition, or in American Heritage College Dictionary, latest edition.
   ABANDONMENT.  The permanent cessation of all uses of a communications facility; provided that this term shall not include cessation of all use of a facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation cessation of all use of a cable within a conduit where the conduit continues to be used, shall not be ABANDONMENT of a facility in public rights-of-way.
   ANTENNA.  Communication equipment that transits or receives electromagnetic radio frequency signals used in providing wireless services.
   APPLICABLE CODES.  Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization and the Florida Building Code and the Florida Fire Prevention Code and or local amendments to those codes enacted to address building, accessibility and fire code standards and threats of destruction of property or injury to persons, or local codes or ordinances adopted to implement this subsection. The term includes objective design standards adopted by ordinance that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by ordinance that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements.
   APPLICANT.  A person who submits an application and is a wireless provider.
   APPLICATION.  A request submitted by an applicant to an authority for a permit to collocate small wireless facilities.
   BUILDING OFFICIAL.  That person, or his or her designee, empowered by § 13-1-1 of this code.
   CITY.  The City of Kissimmee, Florida. Where appropriate, the word CITY may refer to the City Commission or the relevant City officer or board considering an application under this chapter.
   CITY -OWNED REAL PROPERTY.  means real property to which the city holds title, easement, or a leasehold interest, but does not include the public rights-of-way.
   CITY-OWNED FACILITY or CITY-OWNED STRUCTURE.  Any facility, structure or infrastructure to which the city holds title, easement, or a leasehold interest, including, but not limited to, communications facilities, utility poles, towers, buildings, and communications infrastructure, regardless of whether located within or outside the public rights-of-way.
   CITY UTILITY POLE.  A utility pole owned by the city in the right-of-way. The term does not include a utility pole used to support municipally owned or operated electric distribution facilities, or a utility pole located in the right-of-way within a retirement community that: (a) is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b); (b) has more than 5,000 residents; and (c) has underground utilities for electric transmission or distribution.
   CLUTTERED.  Placement in a confused, disordered, disorganized, or jumbled or crowded state, which can occur when too much is located in too small of an area given the reasonable location context.
   COLLOCATE or COLLOCATION.  To install, mount, maintain, modify, operate, or replace one or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.
   CONCEALED.  A tower, ancillary structure, equipment compound, or communications facility or area (collectively “physical improvements”) that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on and adjacent to the proposed location of such physical improvements.
   FCC.  The Federal Communications Commission.
   IN PUBLIC RIGHTS-OF-WAY or IN THE PUBLIC RIGHTS-OF-WAY.  In, on, over, under or across the public rights-of-way.
   KUA.  A dependent special purpose district of the City providing electrical utilities within the City of Kissimmee. KUA’s poles are exempt from the Act.
   MICRO WIRELESS FACILITY.  A small wireless facility having dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches in height and an exterior antenna, if any, no longer than 11 inches.
   ORDINANCE.  This ordinance.
   PASS-THROUGH PROVIDER.  means any person who, upon registering with the city, places or maintains a communications facility in the city’s rights-of-way and that does not remit communications service taxes as imposed by the city pursuant to F.S. Ch. 202.
   PERSON.  Shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the city to the extent the city acts as a communications services provider.
   PLACE or MAINTAIN or PLACEMENT or MAINTENANCE or PLACING or MAINTAINING.  To erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is PLACING or MAINTAINING the facilities. A person providing service only through resale or only through use of a third party’s unbundled network elements is not PLACING or MAINTAINING the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way does not constitute PLACING or MAINTAINING facilities in the public rights-of-way.
   PUBLIC RIGHTS-OF-WAY or RIGHTS-OF-WAY.  A public right-of-way, public utility easement, highway, street, bridge, tunnel or alley, regardless of which governmental entity has jurisdiction and control over such, and includes the surface, the air space over the surface and the area below the surface. PUBLIC RIGHTS-OF-WAY shall not include private property. PUBLIC RIGHTS-OF-WAY shall not include any real or personal city property except as described above and shall not include city buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of-way.
   REGISTRANT.  A communications services provider that has registered with the city in accordance with the provisions of this subchapter.
   REGISTRATION or REGISTER.  The process described in this chapter whereby a communications services provider provides certain information to the city.
   SMALL WIRELESS FACILITY.  A wireless facility that meets the following qualifications:
      (1)   Each antenna associated with the facility is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six cubic feet in volume; and
      (2)   All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.
   STEALTH DESIGN.  A method of camouflaging any tower, antenna, wireless facilities, or other ancillary supporting communications facility, including, but not limited to, supporting electrical, optical, or mechanical, or other equipment, which enhances compatibility with adjacent land uses and which is visually and aurally unobtrusive. STEALTH DESIGN may include a repurposed structure. STEALTH DESIGN includes any method of camouflaging wireless facilities adopted by the City Commission.
   UTILITY POLE.  A pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less unless an authority grants a waiver for such pole.
   WIRELESS FACILITY or WIRELESS FACILITIES.  Equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, distributed antenna systems (“DAS”), wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:
      (1)   The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collected;
      (2)   Wireline backhaul facilities; or
      (3)   Coaxial fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
   WIRELESS INFRASTRUCTURE PROVIDER.  A person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.
   WIRELESS PROVIDER.  A wireless infrastructure provider or a wireless services provider.
   WIRELESS SERVICES.  Any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.
   WIRELESS SUPPORT STRUCTURE.  A freestanding structure, such a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.
(Ord. 2983, passed 8-21-18)
§ 14-1-92  REGISTRATION FOR PLACING OR MAINTAINING WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY.
   (A)   Registration required. A wireless provider that desires to place or maintain a wireless facility in public rights-of-way in the city shall first register with the city in accordance with this chapter. Subject to the terms and conditions prescribed in this chapter, a registrant may place or maintain a wireless facility in public rights-of-way.
   (B)   No property interest. A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter only applies for the placement or maintenance of communications facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not communications facilities. Registration does not excuse a communications services provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city’s/KUA’s or another person’s facilities. Registration does not excuse a wireless provider from complying with all applicable city ordinances, codes or regulations, including this chapter.
   (C)   Contents of registration. Each wireless provider that desires to place or maintain a communication facility in public rights-of-way in the city shall file a single registration with the City Building Department which shall include the following information:
      (1)   Name of the applicant, including a contact person:
      (2)   Name, address, email address, and telephone number of the applicant’s primary contact person in connection with the registration, and the person to contact in case of an emergency:
      (3)   Evidence of the insurance coverage and surety bond required under this chapter;
      (4)   Acknowledgment that registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement;
      (5)   The number of the applicant’s certificate of authorization or license to provide communications services issued by the Florida Public Service Commission, the Federal Communications Commission, or other federal or state authority, if any
   (D)   City review. The city shall review the information submitted by the applicant for registration to the Building Department. Such review shall be by the City Manager or his or her designee. If the applicant submits information in accordance with subsection (C) above and other provisions of this chapter and the City Code, the registration shall be effective, and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in accordance with subsection (C) above, the city shall notify the applicant of the non-effectiveness of registration, and reasons for the non-effectiveness, in writing. The city shall so reply to an applicant within 30 days after receipt of registration information from the applicant. Non-effectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this section.
   (E)   Cancellation of registration. A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any communications facilities in public rights-of-way within the city and will no longer need to obtain permits to perform work in public rights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any communications facilities in public rights-of-way.
   (F)   Limited rights conferred by registration. Registration does not, in and of itself, establish a right to place or maintain or priority for the placement or maintenance of a wireless facility in public rights-of-way within the city but shall establish for the registrant a right to apply for appropriate and necessary permits to do so. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted.
(Ord. 2983, passed 8-21-18)
§ 14-1-93  CITY-OWNED STRUCTURES, FACILITIES, AND REAL PROPERTY.
   (A)   The city may allow the placement of an antenna or other wireless facility upon a city-owned structure or real property, or otherwise allow the use of city-owned facilities outside of the rights-of-way, upon such terms as the city may deem acceptable, in writing, and subject to such rental, use, utility, license, or other fees as may be consistent with the law or as established by resolution of the City Commission.
   (B)   In the interests of facilitating the safe, efficient, and aesthetically desirable use of the public rights-of-way, and to otherwise avoid the negative effects upon the public welfare of, and address safety concerns relating to, proliferation of structures within the rights-of-way, the city may offer to an applicant who wishes to install, construct, place, or maintain an antenna or other wireless facility in the public rights-of-way, to place or co-locate such antenna or wireless facility upon or within a city-owned structure outside of the rights-of-way where feasible. Such antenna or wireless facility shall meet the requirements of this chapter.
   (C)   The city reserves and does not waive any right that the city may have in its capacity as a property owner or utility provider with respect to city-owned structures, facilities, and real property, and may exercise control over such to the extent not prohibited by law. When the city allows the placement of communications facilities upon, or the use of, city-owned structures, facilities, and real property, the city shall be deemed to be acting within its proprietary capacity, as appropriate and otherwise consistent with the law. The provisions of this chapter shall not limit the city’s discretion with respect to the use, installation, construction, placement, or maintenance of city-owned structures, facilities, and real property.
(Ord. 2983, passed 8-21-18)
§ 14-1-94  PROHIBITIONS.
   (A)   No wireless facilities or other telecommunications facilities shall be installed in the city’s rights-of-way without a right-of-way utilization permit, including from Osceola County for county-maintained roads, a building permit, and, if applicable, payment of a collocation fee.
   (B)   To comply with clear zone requirements, no wireless facilities or other telecommunications facilities shall be no closer than as allowed in the current FDOT design manual.
   (C)   Wireless facilities are prohibited within the public rights-of-way of roadways and railways under the jurisdiction and control of the Florida Department of Transportation unless approved in writing by the Florida Department of Transportation and, pursuant to any permit delegation agreement, the city.
   (D)   Wireless facilities are prohibited on utility poles owned by KUA or its successors in interest, unless approved pursuant to a separate written agreement entered into by KUA or its successors in interest.
   (E)   Wireless facilities are prohibited on arms used to support or mount traffic control signals and warning signals and on existing arms attached to utility poles.
   (F)   Historic districts. Wireless facilities are prohibited in the rights-of-way of any geographic area approved as an historic district either by the city, the State of Florida, or listed on the National Register of Historic Places, including the city’s Downtown Historic District unless:
      (1)   The wireless infrastructure provider applies for review by The city’s Historic Preservation Board, which recommends approval of the method to deploy the wireless facilities in stealth so as not to detract from contributing historic structures and the ambiance of the district; and
      (2)   The City Commission accepts the recommendation and approves of the application.
   (G)   Wireless facilities are prohibited on utility poles or similar structures 15 feet or less in height unless incorporated into and hidden in the pole under a top mounted street light in a design substantially similar to the acorn lights in the city.