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ORDINANCE NO.,::x:_:J6-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, TO DECLARE A 90 DAY
MORATORIUM 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, 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 CABLE TELEVISION LINES;
INCLUDING THE ISSUANCE OF PERMITS FOR THE PLACEMENT,
INSTALLATION, CONSTRUCTION AND MODIFICATION
THEREOF; TO ENABLE THE CITY TO FURTHER STUDY AND
GATHER INFORMATION RELATED TO THE REQUIREMENTS OF
THE TELECOMMUNICATIONS 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; PROVIDING FOR SEVERABILITY AND 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 government over decisions regarding the placement,
construction, and modification of personal wireless service facilities; and
WHEREAS, the Act provides that regulation of the placement, construction,
and modification of personal wireless 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 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
9125/96
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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 communications antennas and towers
and other facilities relating thereto which are 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 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
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
:9/25/96
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Beach to impose the moratorium;
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
declares a ninety (90) calendar day moratorium, 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, fibers, towers
and antennas of any nature, other than the standard Florida Power & Light electric
lines for electrical service, standard Southern Bell telephone lines for telephone
service, and standard 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 for a period of 90 days from the date
of adoption unless otherwise extended by the City Commission.
Section 4. Conflicting Ordinances.
All 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.
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.
)/25/96
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Section 6. Effective Date.
ThisOrdinmnce shall become effective immediately upon adoption,
provided that enactment of-~is Ordinance shall not prevent processing
of an application for, or issuance of a permit for a telecommunication
facilitY~{f apPlicati°n~Was mmde Prior~° the da~'e~0f First Reading of
this Ordinance.
PASSED FIRST READING THE /,.4' DAY OF October, 1996.
PASSED SECOND READING THE ..../~ day of .... /1,~z/~~,~ ,1996.
ATTEST:
~' City Clerk
CiTY Of BOYNTON BEACH, FLORIDA
ayor //
Commissioner
/
s:
~/25/96