HomeMy WebLinkAboutO-1679ORDINANCE NO. 1679
AN ORDINANCE TO ADOPT REGULATIONS FOR
SMALL CELL TECHNOLOGY FACILITIES IN THE
CITY OF FAIRHOPE, ALABAMA
WHEREAS, The City Council of the City of Fairhope, Alabama seeks to
facilitate the availability of reliable, personal wireless communication services for its
citizens and the public by permitting the placement of Small Cell Technology
Facilities and associated Support Structures along the Rights-Of-Way and on private
properties in the City; and
WHEREAS, the installation, expansion, and maintenance of Small Cell
Technology Facilities and associated Structures on or along the Rights-Of-Way and
on private properties might have significant impact upon; (1) the aesthetic values
and historical character of the City; (2) safe use and passage on or along the Rights-
of-Way by the public; and (3) properties and property values in the City in areas
where such Structures are placed; and
WHEREAS, the Federal Telecommunications Act of 1996 (the "Act") and
regulations promulgated with respect to the Act by the Federal Communications
Commission ("FCC) authorize local governments to enact responsible regulations for
the placement, expansion, height, and maintenance of Small Cell Technologies
Facilities and associated Support Structures; and
WHEREAS, as provided in this Ordinance, the City seeks to mandate, where
feasible, the colocation of Small Cell Technology Facilities on existing poles and
other Support Structures as opposed to installation of new Structures; and
WHEREAS, the above-noted colocation and other provisions of this
Ordinance are intended to be consistent with the Act and its associated regulation;
and
WHEREAS, the adoption of the regulations, procedures, and requirements in
this Ordinance will permit Applicants and Providers to enhance the provision of
personal wireless service and protect the public welfare, health, safety and interests
of the City's citizens.
THEREFORE, BE IT ORDAINED, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA AS FOLLOWS:
Chapter 21 of the Fairhope Code of Ordinances entitled
"Telecommunications" is hereby amended as Ordinance Number 1679: and is hereby
adopted and shall be inserted in the Fairhope Municipal Code as follows:
ARTICLE III. SMALL CELL TECHNOLOGY FACILITIES
Section 1. Definitions.
The following definitions shall apply in the interpretation of this Ordinance:
A. Abandonment or Abandons means that, following the placement of Small
Cell Technologies Facilities (and associated Accessory Equipment) or
Support Structures in the City pursuant to a permit issued to a Provider or
Ordinance No. 1679
Page-14-
Section 6. Non-Appiicabilitv.
The placement of an antenna(s), Facilities or equipment related to the
following types of wireless communication services are exempt from regulation
under this ordinance:
A. Amateur radio service that is licensed by the FCC if the Facilities related
thereto are not used or licensed for any commercial purpose; and
B. Facilities used by any federal, state or local government or agency to
provide safety or emergency services.
Section 7. Repealer,
All Ordinances or parts of ordinances heretofore adopted by the City Council
of the City of Fairhope, Alabama that are inconsistent with the provisions of this
Ordinance are hereby expressly repealed.
Section 8. Severabilitv,
If any part, section or subdivision of this Ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be construed to
invalidate or impair the remainder of this Ordinance, which shall continue in full
force and effect notwithstanding such holding.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon adoption and
publication as provided by Alabama law.
DONE, ORDERED, APPROVED and ADOPTED this theJ^M day of
April. 2020.
Karin Wilson, Mayor
ATTESTED BY:
X O- ^
s, MMC
City Clerk