§ 93.07  PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS -OF-WAY.
   (A)   Registrant.  A registrant shall not commence placement or maintenance of a communications facility in the public rights-of-way until all applicable permits, if any, have been issued by the town or other appropriate authority, except in the case of an emergency.  The term “emergency” shall mean a condition that affects the public’s health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service.  The registrant shall provide prompt notice to the town of the placement or maintenance of a communications facility in the public rights-of-way in the event of an emergency, and the registrant shall be required to obtain an after-the-fact permit if a permit would have originally been required to perform the work undertaken in the public rights-of-way in connection with the emergency.  The town may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities that may otherwise require individual permits.
   (B)   Limitation of installation of communication facilities.  To the extent not otherwise prohibited by state or federal law, the town shall have the power to prohibit or limit the placement of new or additional communications facilities within a particular area of the public right-of way.
   (C)   Non-interference with use of public right-of-way by others.  All communications facilities shall be placed or maintained so as not to unreasonably interfere with the use of the public rights-of-way by the public and with the rights and convenience of property owners who adjoin any of the public rights-of-way. The use of trenchless technology (such as, directional bore method) for the installation of facilities in the rights-of-way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. The Mayor or designee may promulgate reasonable rules and regulations concerning the placement or maintenance of a communications facility in rights-of-way consistent with this chapter and other applicable law.
   (D)   Restoration of public right-of-way.  After the completion of any placement or maintenance of a communications facility in the public rights-of-way or each phase thereof, a registrant shall, at its own expense, restore the public rights-of-way to its original condition before such work.  If the registrant fails to make such restoration within 30 days, or such longer period of time as may be reasonably necessary due to the circumstances and permitted by the town, following the completion of such placement or maintenance, the town may perform restoration and charge the costs of the restoration against the registrant.  For 12 months (365 days) following the original completion of the work, the registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this chapter at its own expense.
   (E)   Removal or relocation.  Removal or relocation at the direction of the town of a registrant’s communications facilities in the public rights-of-way shall be governed by the provisions of F.S. §§ 337.403 and 337.404, as amended from time to time.
   (F)   Permit.  A permit from the town constitutes authorization to undertake only certain activities in the public rights-of-way in accordance with this chapter and the conditions of the permit, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in or legally utilizing the public rights-of-way. 
   (G)   Registration with Sunshine One.  In connection with excavation in the public rights-of-way, a registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in F.S. Ch. 556, as amended from time to time. 
   (H)   Construction, installation or repairs.  Upon request of the town, and as notified by the town of the other work, construction, installation or repairs referenced below, a registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable time frame in the subject segment of the public rights-of-way, and the registrant may be required to alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the public rights-of-way. 
   (I)   Interfering, displacing, damaging or destroying facilities. A registrant shall not place or maintain its communications facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the town, county, any other governmental entity, or any other person’s facilities lawfully occupying the public rights-of-way of the town.
   (J)   No warranty of fitness or suitability.  The town makes no warranties or representations regarding the fitness, suitability, or availability of the town’s public rights-of-way for the registrant’s communications facilities and any performance of work, costs incurred or services provided by the registrant shall be at the registrant's sole risk.   
   (K)   Compliance with chapter.  The town shall have the right to make such inspections of communications facilities placed or maintained in public rights-of-way as it finds necessary to insure compliance with this chapter.
   (L)   Plans of installation.  A permit application to place a new or replace or remove an existing communications facility in the public rights-of-way shall include plans showing the location of the proposed installation of facilities in the public rights-of-way.  If the plans so provided require revision based upon actual installation, the registrant shall promptly provide revised plans.  The plans shall be in a hard copy format or an electronic format specified by the town.  Such plans in a format maintained by the registrant shall be provided at no cost to the town.  Pursuant to F.S. § 202.195, as amended from time to time, certain proprietary confidential business information obtained from the communications services provider by the town may be exempted from open public records.
   (M)   Town’s right to relocate provider's facilities.  To the extent permitted by F.S. §§ 337.403 and 337.404, the town reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of utilities or facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the town within the public rights-of-way occupied by the registrant.  The town further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the public rights-of-way within the limits of the town and within the limits as same may from time to time be altered.  Any communications facilities of the communications services provider found to unreasonably interfere in any way with the convenient, safe, or continuous use, or the construction, maintenance, improvement extension, or expansion of a public right-of-way shall, upon 30 days written notice, be removed or relocated by the provider at its own expense except as provided in F.S. § 337.403(1)(a),(b),(c).  If the facilities are not promptly relocated by the communications services provider, the town or other governmental agency shall have the right to relocate the facilities at the expense of the communications services provider.  In such instances, the provider shall indemnify and hold harmless the town and other governmental entity from claims for losses, liability, attorneys’/paralegal fees, court costs, damages, or otherwise.
   (N)   Temporary relocation.  A registrant shall, on the request of any person holding a permit issued by the town, temporarily raise or lower its communications facilities to permit the work authorized by the permit.  The expense of such temporary raising or lowering of the facilities shall be paid by the person requesting the same, and the registrant shall have the authority to require such payment in advance.  The registrant shall be given not less than 30 days advance written notice to arrange for such temporary relocation.
   (O)   Emergency repairs or out-of-service condition.  No permit shall be required in the event that the communications provider needs to make emergency repairs or correct an out-of-service condition to the telecommunication facility within the right-of-way.
   (P)   Prohibition or limitation of new or additional facilities.  To the extent not otherwise prohibited by state or federal law, the town shall have the power to prohibit or limit the placement of new or additional communications facilities within a particular area of public rights-of-way.
   (Q)   All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of communications facilities.
(Ord. 2010-01, passed 1-26-2010)