[Ord. No. 783 §2, 2-8-2010[1]]
For purposes of this Chapter, the following terms or phrases
shall be defined as follows:
Includes, to the extent permitted by law, any antenna tower,
structure or fixture upon or within which one or more commercial communications
antennas are mounted or otherwise placed.
Includes, to the extent permitted by law, all forms of antenna
used or intended for any commercial purpose installed in the City
to provide any and all forms of wireless communication service, including,
but not limited to, telecommunications, broadband communications,
data transfer, paging, cellular and PCS telephone service, telecommunications
services, commercial mobile radio service, and any other wireless
communication services. Each integrated antenna array located on an
antenna support structure shall be considered a separate commercial
communication antenna subject to this Chapter.
Each one or more antennas in unity of ownership physically
located together at a single elevation, connected physically and working
together as part of a single receiving system.
[1]
Editor's Note: Section 1 of this ordinance repealed Ord.
No. 781, adopted 1-11-2010, relating to the topic of this Chapter.
Sections 3 — 6 called for an election to be held April 6, 2010,
to submit the question of the tax provided for in this ordinance to
the voters of the City. This was passed by the qualified voters of
the City.
[Ord. No. 783 §2, 2-8-2010]
There shall be levied and collected by the City Clerk a business
license tax for each license year or portion thereof in the amount
of two thousand five hundred dollars ($2,500.00) for each commercial
communications antenna in the City.
[Ord. No. 783 §2, 2-8-2010]
It shall be the duty of every person owning a commercial communications
antenna located within the City, prior to July 1 of each year, to
make application to the City Clerk for a license hereunder for the
license year of July 1 to June 30, setting forth truthfully the information
required on a form as may be established by the City Clerk for compliance
with this Chapter.
[Ord. No. 783 §2, 2-8-2010]
At the time of applying for such license, but not later than July 1 of each year, each owner of a commercial communications antenna shall pay to the City Clerk the business license tax set forth in Section 606.020 above for the following license year. Every owner of any such communications antenna and every owner of an antenna support structure upon which such commercial communications antenna is placed is and shall be jointly and severally liable for the payment of the license tax established pursuant to this Chapter. After the effective date of this Chapter, no person shall install a new commercial communications antenna prior to the filing of the application and payment of the tax required in this Chapter for the license year in which the application is filed.
[Ord. No. 783 §2, 2-8-2010]
Upon payment of the license tax due, including any penalties accrued, the license may be issued, denied or terminated as is provided for licenses issued pursuant to Chapter 605 of the City Code.
[Ord. No. 783 §2, 2-8-2010]
Any application not filed and any tax not paid on or before the times prescribed in Section 606.040 shall be deemed delinquent and shall subject the violator to the penalties as set forth in Section 605.070 of the City Code. This penalty shall be collected with the license tax by the City Clerk and paid into the City Treasury. In addition, no permit shall be granted by the City for modification, expansion, replacement, or erection of any commercial communications antenna or antenna support structure for which any antenna or structure owner has failed to pay the tax as set forth in this Chapter or which is otherwise in violation of applicable City Code.
[Ord. No. 783 §2, 2-8-2010]
The payment of the amounts specified herein and the issuance
of the license herein provided for shall not be construed to permit
the transfer of any said license to any other person.
