O97-01ORDINANCE NO. 97-01
AN ORDINANCE OF THE C I TY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 096-48 TO DECLARE
AN ADDITIONAL MORATORIUM THROUGH AND INCLUDING MAY
6, 1997, UPON ALL LANDS WITHIN THE CITY, INCLUDING
BUT NOT LIMITED TO, ANY AND ALL RIGHTS-OF-WAY AND
EASEMENTS, AS WELL AS ANY RIGHTS GRANTED BY
FRANCHISE, AS TO THE PLACEMENT OF WIRELESS
TELECOMMUNICATIONS FACILITIES OF ANY NATURE, AND
THE INSTALLATION OF ALL LINES, CABLES, FIBERS AND
OPEN VIDEO SYSTEMS OF ANY NATURE OTHER THAN
STANDARD FLORIDA POWER AND LIGHT ELECTRIC LINES,
SOUTHERN BELL TELEPHONE LINES AND BOYNTON BEACH
CABLE TELEVISION LINES; INCLUDING THE ISSUANCE OF
PERMI TS FOR THE PLACEMENT, INSTALLATION,
CONSTRUCTION AND MODIFICATION THEREOF; TO ENABLE
THE CITY TO FURTHER STUDY AND GATHER INFORMATION
RELATED TO THE REQUIREMENTS OF THE
TELECOb~/UNICATIONS ACT OF 1996; TO ENABLE THE CITY
TO REVIEW PERTINENT INFORMATION AND ADOPT MINIMUM
STANDARDS FOR THE LOCATION AND APPROVAL OF
WIRELESS TELECOMMUNICATIONS FACILITIES AND LINES,
CABLES, FIBERS, AND OPEN VIDEO SYSTEMS OTHER THAN
THOSE SPECIFIED ABOVE; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH BE OF NO FORCE AND EFFECT DURING THE
TIME PERIOD OF THE MORATORIUM; PROVI DING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Telecommunications Act of 1996,
hereinafter referred to as the "Act", was signed into law on
February 8, 1996; and
WHEREAS, Section 704 of the Act relating to facilities
siting, preserves the authority of state and local
governments over decisions regarding the placement,
construction, and modification of personal wireless service
facilities; and
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WHEREAS,
placement,
wireless
the Act provides that regulation of the
construction, and modification of personal
facilities shall not unreasonably discriminate
among providers of functionally equivalent services and
shall not prohibit or have the effect of prohibiting the
provision of personal wireless services; and
WHEREAS, the Act further provides that a state or local
government shall act on any request for authorization to
place, construct, or modify personal wireless service
facilities within a reasonable period of time after the
request is filed with the government; and
WHEREAS, the Act also contains provisions relating to
Bell Operating Companies, Broadcast Services, Cable
Services, Open Video Systems, and Pole Attachments; and
WHEREAS, the telecommunications industry is currently
undergoing tremendous growth and the City Commission has
directed staff to review the Code of Ordinances to propose
amendments to ensure city regulations are consistent with
the provisions of the Act in all areas, including but not
limited to, minimum standards for wireless communication,
telephone services, cable services and open video systems,
and the location and approval of communications antennae and
towers and other facilities relating thereto which are
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consistent with the Act; and
WHEREAS, changes in telecommunications technology,
additional licenses granted by the Federal Communications
Commission and the increased demand for communication
services of all kinds, including but not limited to,
wireless, telephone services, cable services, and open video
systems which have led to a significant increase in the
demand for telecommunication facilities in the City; and
WHEREAS, information received from industry and other
governmental agencies that have studied current technology
establish that telecommunication facilities can be designed
and installed in ways that will minimize concerns relating
to health and aesthetics and maximize other appropriate
health, safety, and welfare concerns; and
WHEREAS, on or about August 1, 1996 the Federal
Communications Commission promulgated voluminous regulations
and standards relating to telecommunications, including but
not limited to telephone, cable, wireless communication
services and open video systems; and
WHEREAS, the staff of the City requires time to study
the application and function of the Act and the recently
promulgated FCC regulations and standards within the City of
Boynton Beach; and
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WHEREAS, the staff of the City also requires time to
study recent technological advances and the application
thereof affecting all aspects of communication, including
but not limited to wireless service, cable services,
telephone services, open video systems, and the placement of
facilities relating thereto; and
WHEREAS, the moratorium, together with the continued
study, including the review of the Federal Communication
Commission rules, is consistent with the requirements of the
Act; and
WHEREAS, it is in the best interests of the citizens of
the City of Boynton Beach to re-impose and to extend the
moratorium through May 6,1997;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The aforementioned "Whereas" clauses are
hereby ratified and confirmed and incorporated herein.
Section 2. The City Commission of the City of Boynton
Beach hereby extends the moratorium described in this
Ordinance, including but not limited to the placement of any
wireless telecommunication facilities, cable facilities,
pole attachments, open video systems, the installation of
all lines, cables, and fibers, towers, and antennas of any
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nature, other than the standard Florida Power & Light
electric lines for electrical service, standard Southern
Bell telephone lines for telephone service, and standard
Boynton Beach cable television lines for cable television
service, including the issuance of any permits for the
placement, installation, construction and modification
thereof in order to enable the City to further study and
gather information related to the requirements of the
Telecommunications Act of 1996, the recently promulgated
Federal Communications Commissions standards and
regulations, and other pertinent information, and adopt
minimum standards consistent with the provisions of the Act.
Section 3. The City Commission of the City of Boynton
Beach hereby declares that the moratorium shall be effective
through May 6,1997, unless otherwise extended by the City
Commission.
Section 4. Conflicting Ordinances.
Ail prior ordinances or resolutions or parts thereof in
conflict herewith are to the extent of said conflict, hereby
determined to be of no force and effect during the time
period of the moratorium.
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Section 5. Severability.
If any section, sentence, clause, or phrase of this
Ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 6. Effective Date.
This Ordinance shall become effective immediately.
FIRST READING this ,~/ day of ~'-~~ ,1997.
SECOND. FINAL READING AND PASSAGE this .,/ day of
~;~~/ ,1997.
CITY OF BOYNTON BEACH. FLORIDA
9iCe Mayor /
Commissioner
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existing law;
ATTEST: Commissioner
C,~ssioner
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