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ORDINANCE NO. 2018 5--;1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING ARTICLE II ENTITLED "TELECOMMUNICATIONS RIGHT OF WAY" ORDINANCE (SECTIONS 129-20 THROUGH 129-61) OF CHAPTER 129 IN"ITS ENTIRETY; AMENDING ARTICLE III OF CHAPTER 129 ENTITLED "COMMUNICATIONS RIGHTS-OF-WAY" ORDINANCE; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY; PROVIDING REQUIREMENT OF A PERMIT; PROVIDING APPLICATION REQUIREMENTS AND REVIEW PROCEDURES; PROVIDING FOR A PERFORMANCE CONSTRUCTION BOND; PROVIDING FOR CONSTRUCTION METHODS; PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS; PROVIDING FOR FEES AND TAXES; PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR SEVERABILITY AND REPEALER; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sunny Isles Beach, Florida ("City") staff periodically reviews City Ordinances and makes recommendations to the City Commission to revise its Ordinances; and WHEREAS, the City Commission of the City of Sunny Isles Beach has determined that the - - ,following amendments promote and protect the general health, safety and welfare of the residents of the City of Sunny Isles Beach by regulating the siting of communications facilities and utility poles within the public rights-of-way; and, WHEREAS, this Ordinance accommodates the growing needs and demand for communications services; and WHEREAS,-this Ordinance seeks to address expressly new communications facilities and technologies, while also protecting, preserving, and maintaining the public safety and aesthetic characters of areas where such public rights-of-way exist; and WHEREAS, Section 337.401, Florida Statutes, addresses inter alia, the authority of local governments to regulate the placement and maintenance of communications facilities in the public rights-of-way; and WHEREAS, Section 337.401(3)(g), Florida Statutes, provides that a local government may not use its authority over the placement of facilities in its rights-of-way as a basis for asserting or exercising regulatory control over a provider of communications services regarding matters within the exclusive jurisdiction of the Florida Public Service Commission or Federal Communications Commission, including, but not limited to, the operations, systems, qualifications, services, service quality, service territory, and prices of a provider of communications services; and