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ORDINANCE NO. 2017 - 419 <br /> AN ORDINANCE OF THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, ENACTING A <br /> TEMPORARY MORATORIUM TO PROHIBIT THE FILING, <br /> ACCEPTANCE OR PROCESSING OF ANY PERMIT, <br /> DEVELOPMENT ORDER, OR ANY OTHER OFFICIAL <br /> ACTION OF THE CITY HAVING THE EFFECT OF <br /> PERMITTING OR ALLOWING THE CONSTRUCTION OF <br /> WIRELESS COMMUNICATION FACILITIES IN THE <br /> PUBLIC RIGHTS-OF-WAY WITHIN THE CITY LIMITS; <br /> PROVIDING FOR REPEALER; PROVIDING FOR <br /> SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, to protect the public health, safety and welfare of its citizens, the City has adopted <br /> several ordinances, including regulation of the location, design and operation of wireless communication <br /> facilities, towers, antennae (Chapter 129 of the City Code); <br /> WHEREAS, Section 337.401, Florida Statutes, addresses the authority of municipalities to <br /> regulate the placement and maintenance of communication facilities, and other utilities, in the public- <br /> rights-of-way; and <br /> WHEREAS, the communication industry is in a constant state of emerging technology that <br /> includes the infrastructure required to support the increased demand and capacity to receive and to <br /> transmit larger data and voice communications; and <br /> WHEREAS, a new network of wireless communication infrastructure has emerged comprised of <br /> a series of small individual antenna("Small Cells"), or nodes ("Distributed Antenna Systems"or"DAS", <br /> and wireless backhaul networks that are linked to a larger hub site; and <br /> WHEREAS, the City has been contacted by companies requesting permission to place their <br /> wireless communication facilities within the public rights-of-way within the City; and <br /> WHEREAS, the current City ordinances do not specifically address the placement of wireless <br /> communication facilities within the public rights-of-way; and <br /> WHEREAS, additionally since the adoption of the City's Code of Ordinances, the Federal <br /> Communication Commission has adopted new rules addressing wireless communication facilities; <br /> and <br /> WHEREAS, these changes in federal regulations, the emerging technology, and the new <br /> communication infrastructure require a careful review by the City of its policies and ordinances <br /> associated with regulation of cell towers, antennae, and other wireless communication facilities; and <br /> WHEREAS, the City Commission determines that it is in the best interest of its residents, <br /> businesses and visitors to enact sufficient regulations to protect the public health, safety and welfare; and <br /> Page I 1 <br />