No person shall create or maintain any obstruction on any public
way. In addition, this prohibition shall include but is not limited
to:
A. Placement of earth, ashes, gravel, or other nonperishable material
on a public way without the consent of the Chairman of the Street
Maintenance Committee, or in his absence the Mayor;
B. Placement, erection, or maintenance of any building on a public way;
and
C. Installation of any gate so that it swings on or over a public way.
No person shall deface, paint, mark, damage, or alter any public
way in the Town without the prior consent of the Chairman of the Street
Maintenance or in his absence the Mayor. Painting house number on
curbs is specifically excluded from this provision. Depositing any
oil product on public ways or property is prohibited without exception.
No person shall plant along or near any curbline:
A. Any shrub, hedge, or thicket; or
B. Any tree not approved by the Chairman of the Public Utilities Committee,
or in his absence the Mayor.
No person shall extinguish, damage, deface, or obstruct the
light from any street, warning, or traffic light or reflector placed
upon or illuminating any public way or public property.
No person shall use the public streets or rights-of-way within
the Town of University Park for the purpose of holding a public gathering
including, but not limited to, picnics, "block parties", or community
meetings, without first obtaining a permit from the Mayor and Common
Council or their designee authorizing such use. A permit shall issue
under the following circumstances:
A. The person or persons seeking such permit shall file an application
with the Clerk-Treasurer stating the name and address of the applicant,
the purpose for which such permit is sought, the days and hours for
which the permit is desired, the name and address of the person, persons,
corporation, or association sponsoring the activity, if any, an estimate
of the number of participants, and the public streets or rights-of-way
or parts thereof to be utilized for such activity and any further
information that the Mayor and Common Council shall require in order
to render a fair determination as to whether the permit should issue.
B. The Mayor shall issue the permit upon a finding that the proposed
activity or use will not unreasonably interfere with the flow of traffic
within the Town of University Park and will not interfere with or
detract from the public health, safety and welfare of other residents
of the Town and is not likely to incite violence, crime or disorderly
conduct and that the proposed activity will not entail unusual, extraordinary
or burdensome expense on police operations by the Mayor and Common
Council of University Park.
C. The Mayor and Common Council are authorized to establish reasonable
fees to be paid upon the filing of the application and further may
establish a schedule of additional fees to allay the costs to the
Town of providing facilities and services for such activities.
D. The Chief of Police shall have the authority to revoke a permit upon
the finding of violation of any rule, ordinance or that the continuation
of such activities will constitute a threat to the public health,
safety, or welfare of inhabitants of the Town.
E. The person or persons to whom a permit is issued shall be liable
for any loss, damage, or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued.
[Effective 2-19-1980]
[Effective 3-20-2007]
No dumpster or other receptacle for the storage or transport
of construction or other debris, or storage container for the storage
of household or other items, shall be installed or placed on any streets,
alleys, rights-of-way or other public property, including sidewalks
or driveway aprons, without a permit issued by the Town. Permits for
storage containers shall expire not later than two weeks after issuance.
Permits for dumpsters or similar receptacles shall expire not later
than 60 days after issuance. Such permits shall be subject to further
such conditions as the Mayor may require. The Town shall have the
right, upon five days' notice to the property owner, to remove
any improperly installed or placed dumpster, storage container, or
other like receptacle. In addition to any other remedy set out in
this section, any such receptacle removed by the Town may be disposed
of after 30 days' notice to any known property owner. The property
owner shall be charged for such removal and disposal work and services,
and the explanation: Town may collect payment therefore in the same
manner as Town taxes.
[Revised 4-9-1991; 3-20-2007; 1-14-2019 by Ord. No. 19-O-01]
A failure to comply with the provisions of this article shall constitute an infraction. Any violation of §§
8-101,
8-102,
8-103,
8-104 and/or
8-106 shall be subject to a penalty of $200 per occurrence.
[Added 1-14-2019 by Ord.
No. 19-O-01]
Terms used in this article shall have the following meanings:
ANTENNA
Communications equipment that transmits or receives radio
frequency signals in the provision of wireless service.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when co-located on a structure, is mounted
or installed at the same time as such antenna.
APPLICABLE LAWS/CODES
Uniform Building, Fire, Safety, Electrical, Plumbing, or
Mechanical Codes adopted by a recognized national code organization
to the extent such codes have been adopted by the Town, including
any amendments adopted by the Town, or otherwise are applicable in
the jurisdiction.
APPLICANT
A person filing an application for placement or modification
of a wireless telecommunications facility in the rights-of-way.
APPLICATION
A formal request, including all required and requested documentation
and information, submitted by an applicant to the Town for a wireless
placement permit.
BASE STATION
The term "base station" shall has the same meaning as in
47 CFR § 1.40001.
CERTIFICATE OF COMPLETION
A document that is required from and issued by the Town confirming
that all work described in the application, as approved: I) was properly
permitted, including, without limitation, all required permits for
building, electrical work, street or curb cutting, and excavation;
II) was done in compliance with and fulfillment of all conditions
of all permits, including all stated deadlines; III) was fully constructed
and/or placed as approved and permitted; and IV) was finally inspected
by the Town, and was approved by the Town after said final inspection.
CO-LOCATION or CO-LOCATE
To install, mount, maintain, modify, operate, or replace
wireless facilities on a wireless support structure.
MICRO WIRELESS FACILITY
A small wireless facility having dimensions no larger than
24 inches in length, 15 inches in width and 12 inches in height and
an exterior antenna, if any, no longer than 11 inches.
RIGHTS-OF-WAY
The term "rights-of-way" includes any portion of any street,
road or public way which the Town has the responsibility to maintain
or manage.
SMALL WIRELESS FACILITY
Consistent with Part 1, Subpart U, of Title 47, State and
Local Government Regulation of the Placement, Construction, and Modification
of Personal Wireless Service Facilities, a facility that meets each
of the following conditions:
A.
The structure on which antenna facilities are mounted.
(1)
Is 50 feet or less in height; or
(2)
Is no more than 10% taller than other adjacent structures; or
B.
Is not extended to a height of more than 10% above its preexisting
height as a result of the co-location of new antenna facilities; and
each antenna (excluding associated antenna equipment) is no more than
three cubic feet in volume; and
C.
All antenna equipment associated with the facility (excluding
antennas but including any preexisting associated equipment) is cumulatively
no more than 28 cubic feet in volume; and
D.
The facility does not require antenna structure registration;
E.
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified by
federal law.
TOWER
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
This definition does not include utility poles.
UTILITY POLE
A structure in the rights-of-way designed to support electric,
telephone and similar utility lines. A tower is not a utility pole.
WIRELESS INFRASTRUCTURE PROVIDER
A person that owns, controls, operates or manages a wireless
telecommunications facility or portion thereof within the right-of-way.
WIRELESS PERMIT
A permit issued pursuant to this article and authorizing
the placement or modification of a wireless telecommunications facility
of a design specified in the permit at a particular location within
the rights-of-way; and the modification of any existing support structure
to which the wireless telecommunications facility is proposed to be
attached.
WIRELESS TELECOMMUNICATIONS FACILITY or FACILITY
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network, including without
limitation radio transceivers, antennas, base station, coaxial or
fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration.
The Town may negotiate agreements for use of Town-owned or -controlled
light standards and traffic signals in the public rights-of-way for
placement of wireless telecommunications facilities on those structures.
The agreement shall specify the compensation to the Town for use of
the structures. The person seeking the agreement shall additionally
reimburse the Town for all costs the Town incurs in connection with
its review of, and action upon, the person's request for an agreement.
The following fees shall be payable at the time of application:
For wireless communications facilities and related overhead and underground
wiring, cable, hoses, pipes and similar facilities:
D. Annual access fee: $270 per wireless facility.
E. Actual cost to review applications, if in excess of set fees.
A failure to comply with the provisions of this article shall
constitute an infraction. Any violation of sections shall be subject
to a penalty of $200. Each day that a violation continues is a separate
occurrence.