§ 15-333. Definitions.

As used in this article the following terms, phrases, words and derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined in this article or in any permit that may be granted pursuant to this article shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 151 et seq., as amended or the Spectrum Act, 47 U.S.C. §1455(a) (collectively the "Communications Act"), and if not defined in the Communications Act, as defined by Florida Statutes; and, if not defined by Florida Statutes, as defined in the City Code, and if not defined in the City Code, shall be construed to mean the common and ordinary meaning.

Abandonment or abandoned shall mean the cessation of all uses of a communications facility for a period of one hundred eighty (180) or more consecutive days provided this term shall not include the cessation of all use of a communications facility within a physical structure where the physical structure continues to be used for some purpose or use accessory to the communications facility. By way of example, cessation of all use of a cable within a conduit, where the conduit continues to be used for some purpose or use accessory to the communications facility, shall not be Abandonment of a communications facility. A wireless infrastructure provider's failure to have a wireless service provider provide service through a small wireless facility collocated on a utility pole within nine (9) months after the application is approved in accordance with F.S. § 337.401(7)(j), shall constitute abandonment. The terms abandonment or abandoned are not intended to include a dropped line from a potential or existing customer in the event the communications services provider reasonably anticipates future use of the dropped line.

Abut shall mean, when used in conjunction with a lot or parcel of land or public right-of-way, means a lot or parcel of land or public right-of-way that shares all or a part of a common lot line or boundary line with another lot or parcel of land or public right-of-way.

Adjacent properties or properties adjacent shall mean (i) those lots or parcels of land that abut another lot or parcel of land or public right-of-way that is contiguous to a communications facility site or proposed site and (ii) the lots or parcels of land or public right-of-way that would be contiguous to lots or parcels or public rights-of-way but for an intervening local or collector roadway.

Antenna shall mean communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services.

Applicable codes shall mean uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address threats of destruction of property or injury to persons, including, but not limited expressly to the Florida Building Code, National Electrical Code, National Electrical Safety Code, 2010 Florida Department of Transportation Utility Accommodation Manual, the Florida Department of Transportation Manual on Traffic Control and Safe Practices, the State of Florida Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways, the "Safety Rules for the Installation and Maintenance of Electrical Supply and Communication Lines" established by the Department of Commerce, Bureau of Standards of the United States, as may be amended, and City codes or ordinances adopted to implement F.S. § 337.401, including but not limited to this article. The term includes objective design standards adopted by this article that may require a new utility pole that replaces an existing utility pole to be of substantially similar design, material, and color or that may require reasonable spacing requirements concerning the location of ground-mounted equipment. The term includes objective design standards adopted by this article that may require a small wireless facility to meet reasonable location context, color, stealth, and concealment requirements; however, such design standards may be waived by the city upon a showing that the design standards are not reasonably compatible for the particular location of a small wireless facility or that the design standards impose an excessive expense.

Applicant shall mean a wireless provider who submits an application for a permit to locate a communications facility or utility pole within the public rights-of-way, and any person seeking a permit pursuant to this article.

Application shall mean a request submitted by an applicant to the city for a permit to collocate small wireless facilities or to place or to maintain any communications facility in the public rights-of-way.

As-built plans shall mean a set of final and complete drawings in a format as specified by the city submitted upon completion of a project, signed and sealed by professional surveyor or mapper as defined in F.S. § 472.005, that reflect all changes made during the construction process, and show the exact dimensions, geometry and location of all elements of the work completed under the permit.

Authority shall mean the city to the extent it has jurisdiction and control of the rights-of-way of any public road. The term does not include the department of transportation rights-of-way under the jurisdiction and control of the department, which are excluded from this section.

Authority utility pole shall mean utility pole owned by the city in the public rights-of-way. The term does not include a utility pole owned by a municipal electric utility, a utility pole used to support municipally owned or operated electric distribution facilities, or a utility pole located in the rights-of-way within:

(1)

A retirement community that:

a.

Is deed restricted as housing for older persons as defined in F.S. § 760.29(4)(b).

b.

Has more than five thousand (5,000) residents; and

c.

Has underground utilities for electric transmission or distribution.

Below-grade communications facility shall mean communications facilities, including manholes or access points, that are entirely contained below grade within the public rights-of-way.

City shall mean the City of Winter Haven, Florida, a municipal corporation of the State of Florida, in its present form or in any later reorganized, consolidated, or enlarged form.

City manager shall mean the City of Winter Haven, Florida, City Manager or his/her designee.

Clear zone shall mean the roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, recoverable slope, non-recoverable slope, clear runout area, or combination thereof. The width of the clear zone is dependent upon the traffic volumes and speeds, and on the roadside geometry.

Collocation or collocate shall mean to install, mount, maintain, modify, operate, or replace one (1) or more wireless facilities on, under, within, or adjacent to a wireless support structure or utility pole. The term does not include the installation of a new utility pole or wireless support structure in the public rights-of-way.

Communications facilities or facility or system shall mean the permanent or temporary plant, equipment, and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, wireless facilities, wireless support structure, wireline backhaul facilities, small wireless facilities, micro wireless facility, and other equipment or pathway used to transmit, receive, distribute, provide or offer communications services. A utility pole intended for collocation of a small wireless facility shall be considered a facility for purposes of this article.

Communications services shall mean the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including cable service and video service as defined in F.S. §§ 610.103(1) and (11), to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence of hereafter devised, including wireless services, regardless of the protocol used for such transmission or conveyance.

Communications services provider shall mean any person making available or providing communications services through the placement or maintenance of a communications facility in public rights-of-way, or a wireless infrastructure provider. A certificate holder as defined in F.S. § 610.103(4), is a communications services provider pursuant to this article.

Communications services tax shall mean local communications services tax authorized to be levied and collected by counties and municipalities upon communication service providers for communications services, pursuant to F.S. § 202.19, as amended.

Consolidated permit application shall mean a single permit application that would otherwise require individual permit applications for the collocation of between two (2) and thirty (30) small wireless facilities to existing structures within the public rights-of-way.

FCC shall mean the Federal Communications Commission.

Florida Building Code shall mean the Florida Building Code promulgated under F.S. ch. 553, and includes the applicable amendments thereto as both may be amended from time to time.

Florida Greenbook shall mean the latest edition of the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways.

Force majeure event shall mean a cause or event not within a person's control that shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within a person's control, and thus not constituting a force majeure event for purposes of this article, shall include, without limitation, the financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of person's directors, officers, employees, contractors or agents.

Graffiti shall mean any inscriptions, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any communications facility whether or not authorized by the registrant of the communications facility. A wrap shall not be considered graffiti.

Historic property shall mean any prehistoric or historic district, site, building, object or other real or personal property, of historical, architectural or archaeological value. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, engineering works, treasure troves, artifacts, or other objects with intrinsic historical or archaeological value, or any part thereof, relating to the history, government, or culture of the city.

Homeowners' association shall mean an incorporated association whose members consist of owners of single family homes or condominium units that manage or control property owned by the association.

In public rights-of-way or in the public rights-of-way shall mean in, on, over, under or across the public rights-of-way.

Lot shall mean a designated parcel of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

Micro wireless facility shall mean a small wireless facility having dimensions no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and an exterior antenna, if any, no longer than eleven (11) inches.

Ordinance or article shall mean this ordinance or article.

Parcel shall mean any piece of real property that has a single parcel identification number assigned to it by the Polk County Property Appraiser.

Pass-through provider shall mean any person who places or maintains a communications facility in the public rights-of-way and who does not remit taxes imposed by the city pursuant to F.S. ch. 202, as amended. A pass-through provider can also be a wireless infrastructure provider as defined herein, and/or an owner of a communications facility pursuant to this article.

Permit shall mean the public rights-of-way permit that must be obtained before a person may construct in the public rights-of-way and shall include, but not be limited to, rights-of-way engineering and construction permits issued by the city.

Person shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, but shall not include the city.

Place or maintain or placement or maintenance or placing or maintaining shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A communications services provider that owns or exercises physical control over communications facilities in public rights-of-way, such as the physical control to maintain and repair, is placing or maintaining the facilities. To the extent required by applicable law, a party providing service only through resale or only through use of a third party's unbundled network elements is not placing or maintaining the communications facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the public rights-of-way is not placing or maintaining facilities in the public rights-of-way.

PSC shall mean the Florida Public Service Commission.

Public rights-of-way or rights-of-way shall mean a public right-of-way, public utility easement, highway, street, bridge, tunnel, waterway, dock, wharf, court, lane, path, or alley owned by the city or for which the city is the authority that has jurisdiction and control and may lawfully grant access to such property pursuant to applicable law and includes the surface, the air space over the surface and the area below the surface of all public roads, streets, highways, alleys, boulevards, bridges, tunnels, public utility easements, and all public grounds. Public rights-of way shall not include private property. Public rights-of-way shall not include any real or personal city property except as described above, and shall not include city parks, buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the public rights-of way .

Registrant or facility owner shall mean a communications services provider or other person that has registered with the city in accordance with the terms of this article.

Registration and register shall mean the process described in this article whereby a communications services provider provides certain information to the city.

Shroud shall mean a covering or enclosure of equipment associated with a small wireless facility, other than the antenna, collocated on an existing structure or wireless support structure.

Signage shall mean any display of characters, ornamentation, letters or other display such as, but not limited to, a symbol, logo, picture, or other device used to attract attention, or to identify, or as an advertisement, announcement, or to indicate directions, including the structure or frame used in the display. The term signage shall not include identification of the owner and contact information of the wireless facility provider or utility pole, or identification of wires, cables, etc. necessary to aid in safety or hazard work or maintenance or repair work of the communications facility.

Small wireless facility shall mean a wireless facility that meets the following qualifications:

(1)

Each antenna associated with the facility is located inside an enclosure of no more than six (6) cubic feet in volume or, in the case of antennas that have exposed elements, each antenna and all of its exposed elements could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than twenty-eight (28) cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meters, concealment elements, telecommunications demarcation boxes, ground-based enclosures, grounding equipment, power transfer switches, cutoff switches, vertical cable runs for the connection of power and other services, and utility poles or other support structures.

Stealth design shall mean a method of camouflaging any tower, antenna or other communications facility, including, but not limited to, supporting electrical or mechanical equipment, or utility pole which is designed to enhance compatibility with the surrounding neighborhood and be as visually unobtrusive as possible.

Surrounding neighborhood shall mean the area within a five hundred (500) foot radius of a communications facility site or proposed communications facility site.

Utility shall mean any person or entity that is a local exchange carrier or an electric, gas, water, steam or other public utility, and who owns or operates appurtenant facilities or equipment that is situated within the public rights-of-way for transmission of such utility's goods, commodities or services.

Utility pole shall mean a pole or similar structure that is used in whole or in part to provide communications services or for electric distribution, lighting, traffic control, signage, or a similar function. The term includes the vertical support structure for traffic lights but does not include a horizontal structure to which signal lights or other traffic control devices are attached and does not include a pole or similar structure fifteen (15) feet in height or less unless an authority grants a waiver for such pole.

Wireless facility shall mean equipment at a fixed location which enables wireless communications between user equipment and a communications network, including radio transceivers, antennas, wires, coaxial or fiber-optic cable or other cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration, and equipment associated with wireless communications. The term includes small wireless facilities. The term does not include:

(1)

The structure or improvements on, under, within, or adjacent to the structure on which the equipment is collocated;

(2)

Wireline backhaul facilities; or

(3)

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless infrastructure provider shall mean a person who has been certificated to provide telecommunications service in the state and who builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless services provider.

Wireless provider shall mean a wireless infrastructure provider or a wireless services provider.

Wireless services shall mean any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

Wireless services provider shall mean a person who provides wireless services.

Wireless support structure shall mean a freestanding structure, such as a monopole, a guyed or self-supporting tower, or another existing or proposed structure designed to support or capable of supporting wireless facilities. The term does not include a utility pole.

Wrap shall mean an aesthetic covering depicting artistic or scenic imagery. Imagery in a wrap may not contain any advertising.

(Ord. No. O-00-37, § 3, 11-27-00; Ord. No. O-01-56, § 3, 10-8-01; Ord. No. O-18-16 , § 2, 2-26-18)