Use of streets

(a)

A licensee shall, at all times, comply with other applicable provisions of this Code, or as such may hereafter be amended.

(b)

Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a licensee shall be done under the supervision and direction of the city under permits issued for work by the proper officials of the city, and shall be completed in such manner as to give the least inconvenience to the inhabitants of the city. A licensee shall, at its own cost and expense, and in a manner approved by the city, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also prepare, maintain and provide to the city's resilience and public works department full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways, and easements of the city. A construction plan with strand maps is required 30 calendar days prior to commencement of construction in a particular area.

(c)

A licensee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the city by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements.

(d)

A licensee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the licensee shall have the authority to require such payment in advance, except in the case where the requesting person is the city or other government agency, in which case no such payment shall be required. The licensee shall be given not less than five calendar days advance notice to arrange for such temporary wire changes.

(e)

A licensee shall, upon notice to the city of not less than seven calendar days, emergency situations excepted, have the authority to trim the trees or other natural growth upon and overhanging the streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the licensee, except that, at the option of the city, such trimming may be done by it or under its supervision and direction at the expense of the licensee.

(f)

A licensee shall use, with the permission of the owner, existing underground conduits (if applicable) or overhead utility facilities whenever and wherever practicable as determined by the city, provided that nothing herein shall constitute a waiver of licensee's obligations under other applicable sections of the Code. Copies of agreements between a licensee and third party for use of conduits or other facilities shall be filed with the city, provided that the licensee shall have the right to redact proprietary and confidential information in such agreements as it pertains to financial arrangements between the parties.

(g)

All wires, cable lines, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights of property owners. The city may issue such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over the streets, as may be consistent with this chapter and the license agreement.

(h)

All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A licensee shall not place facilities, equipment or fixtures where any gas, electric, telephone, water, sewer or other utility facilities shall interfere, or obstruct or hinder in any manner the various utilities serving the residents of the city.

(i)

A licensee shall, at all times:

(1)

Install and maintain its wires, cables, fixtures and other equipment in an orderly and workmanlike manner and in accordance with the requirements of federal, state, county and city laws, as well as the South Florida Building Code and Electrical Safety Ordinances and any other applicable building or electrical safety code, and all other applicable rules, regulations, and orders, as they may be hereinafter amended or enacted, and in such manner that the installations of the city shall not receive interference.

(2)

Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the city, wherever situated or located.

(j)

On streets where both electrical and telephone utility wiring are located underground, either at the time of initial construction of a cable system or at any time thereafter, the cable of a licensee shall also be located underground at the expense of the licensee, consistent with chapter 54 of this Code, as amended. Between a street and a residence of a subscriber, the cable of the licensee must be located underground if both electrical and telephone utility wiring are located underground. The city shall encourage, to the extent feasible, that the public utility and the licensee cooperate in opening of trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches would be shared equally by all users of such trenches.

(k)

In the event the use of any part of a cable system is discontinued for any reason for a continuous period of six months, or in the event such system or property has been installed in any street without complying with the requirements of this chapter or a license agreement, or the license has been terminated, canceled, or expired, the licensee, within 30 calendar days after written notice by the city, shall commence removal from the streets of all such property as the city may require.

(l)

The city may extend the time for the removal of equipment of the licensee and facilities for a period not to exceed 180 calendar days, and thereafter such equipment and facilities may be deemed abandoned.

(m)

In the event of such removal or abandonment, the licensee shall restore the area to as good a condition as prior to such removal or abandonment.

(n)

All licensee cable system distribution devices to be located on streets or private city property shall be installed, pursuant to this Code, in such a way as to eliminate or minimize any potentially adverse impact. All proposed locations shall be reviewed by the city manager's office or its designated city department to ensure compliance with these and all other applicable policies and procedures relating to the placement of distribution devices on streets or city private property. Proposed locations may require review and approval by various city departments, as appropriate.

(o)

In no case shall distribution devices be placed in the following locations:

(1)

Within scenic transportation corridors.

(2)

Within historical preservation districts.

(3)

Within a specified 25-foot corner visibility triangle.

(4)

Within a specified ten-foot driveway visibility triangle.

(5)

Within 15 feet of any fire hydrant, fire callbox, police callbox, or other emergency facility.

(p)

The city may require that these distribution devices located on streets and city private property be installed with the following:

(1)

Landscaping.

(2)

Visual screening.

(3)

Fencing, barriers, or other security features.

When required, the licensee shall ensure that all landscaping, visual screening, fencing, barriers, or other security features are compatible with the characteristics of the surrounding landscape and architectural features and require minimal maintenance. The city shall not unreasonably require landscaping, visual screening, fencing, barriers, or other security features that are inconsistent with the character of the immediate area in which the distribution devices are to be installed.

Recognizing that even minimal landscaping, visual screening, fencing, barriers, or other security features may be susceptible to overgrowth, disease, decay and disrepair, the city shall require the licensee to maintain and/or repair/replace this landscaping, visual screening, fencing, barriers, or other security features.

(q)

Placement of distribution devices on city private property shall conform to all city Charter, Code, and administrative requirements.

(Ord. No. 11936, § 3, 6-8-00; Ord. No. 13792, § 1, 10-11-18; Ord. No. 14138, § 4, 2-9-23)