2007-14
ORDINANCE NO. 2007-14
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS", AT ARTICLE XI
"DEVELOPMENT STANDARDS OF GENERAL
APPLICABILITY", BY CREATING SECTION 31-242
"PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO
PROTECT RADIO COMMUNICATIONS FOR PUBLIC
SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura ("City") finds that it is
necessary to further enhance the provisions of Chapter 31 of the City Code concerning protections
to radio communications for public safety in the City; and
WHEREAS, this proposed Ordinance would provide for adequate protection of the City's
radio system coverage in new and in substantially improved existing buildings, and would
otherwise protect the public safety radio system and help ensure that police officers or any other
public safety officials using the radio system may communicate during emergency situations; and
WHEREAS, the City Commission has been designated as the Local Planning Agency for
the City pursuant to Section 163.3174, F. S.; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant
to the required public hearing and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly noticed in
accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and
has determined that such action is consistent with the Comprehensive Plan; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
Ordinance No. 2007-14
Page 2
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals AdoDted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. City Code Amended. That Article XI "Development Standards of General
Applicability" of Chapter 31 "Land Development Regulations" of the City Code, is hereby
amended by creating Section 31-242, "Public Safety Radio System Protection," to read as follows:
Section 31-242.
Public Safety Radio System Protection
a) In General. To the fullest extent allowed by applicable law, it is hereby provided that no
person shall knowingly maintain, erect, or construct any building or structure, install or operate
any electronic device, system, metals, or apply any coatings or other paints for commercial use,
multi-family dwelling, or institutional use that would degrade, block or limit the penetration and
or transmission of radio waves into or out of any building or structure and thereby fail to support
adequate radio coverage for the City's Police Department radio system or the City's Police
Department's interoperability with other public safety communications. For purposes of this
section, the term "adequate radio coverage," shall include each of the following:
I) minimum signal strength of -95 dbm received at the City's radio site when
transmitted from 90% of the area of each floor of the building,
2) a minimum signal strength of 95 dbm available in 90% of the area of each floor
of the building when transmitted from the City's radio site,
3) the frequency range that must be supported shall be 810-860 MHz, and
4) a 95% reliability factor.
b) Amplifications Svstems Allowed. Buildings and structures which cannot support the
required level of radio coverage shall be equipped with either a radiating cable or an internal
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Ordinance No. 2007-14
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multiple antenna system with or without FCC type accepted bi-directional 800MHz amplifiers as
needed. If any part of the installed system or systems contains an electrically powered component,
the system shall be capable of operating on an independent battery and/or generator system for a
period of twelve (12) hours without external power input. The battery system shall automatically
recharge in the presence of external power input. Ifused, the bi-directional amplifiers shall include
filters to reduce adjacent frequency interference at least 3dbm below the National Public Safety
Planning Advisory Committee band.
c) Testing Procedures
1) Initial Tests. Initial test will be performed by the City's Police Department
personnel or any assigned representative qualified to conduct such testing as
authorized by the City's Police Department personnel. A temporary certificate
of occupancy will not be issued to any structure if the building fails to comply
with this section.
2) Annual Tests. Annual Tests will be conducted by the City's Police Department
or any assigned representative qualified to conduct such testing.
3) Field Testing. Police personnel, after providing adequate notice to the owner or
his representative shall have the right to enter onto the property to conduct field
testing to be certain that the required level of radio coverage is present.
d) Restriction. To the fullest extent allowed by applicable law, no existing or future
Telecommunications Facilities, Towers, Antennas, Personal Wireless Services Facilities or other
facilities or structures shall interfere with any public safety radio communications systems
including, but not limited to, the 800MHz radio system operated by the City's Police Department
which provides Essential Services and other public safety communications during emergencies
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and disasters. The owner or operator of the aforementioned facilities is responsible for compliance
with these performance standards. If any such facilities are found to interfere with Essential
Services or other public safety/police radio communication system, the facilities operator will, to
the extent allowed by applicable law, cease operation of the facility within twenty-four (24) hours
of receipt of notice from the City until the interference problem is rectified to the satisfaction of
the City. A violation of these performance standards constitutes a public nuisance and will be
treated as such.
e) Applicability. To the fullest extent allowed by applicable law, after the effective date of
this section, the owner, manager or operator of a building or structure designed or used for commercial,
multi-family dwelling, or institutional use that, as reasonably determined by the City's Police Department,
degrades, blocks or limits the penetration and or transmission of radio waves into or out of any building or
structure and fails to support adequate radio coverage for the City's Police Department radio system as
required by this section shall comply with this section within sixty (60) days of receipt of notice from the
City. However, those buildings or structures which exist prior to the effective date of this section and are
not thereafter substantially improved (as defined in Sec. 31-21 of the City Code) shall not be subject to this
section except as to activities undertaken or improvements made after the effective date of this section,
which activities or improvements consist of the initial installation (not simply the repair) of devices,
systems, metals, paints or coatings, which contravene the requirements of paragraph (a) above.
f) Waiver. In the event that compliance with paragraph (a) poses a bona fide threat to
a person's health or safety, or a person deems himself or herself otherwise aggrieved by the
implementation of the restrictions provided by paragraph (a) of this section, such person shall
submit a completed waiver application with the City's Police Department. The City's Police
Department shall determine whether such restrictions shall apply to the applicant based upon
whether or not a waiver of the provisions of paragraph (a) for a specific circumstance, subject to
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any necessary conditions, would be consistent with the essential purposes or intent of this section.
The City's Police Department shall create an application form that implements the waiver
application.
g) Fees. Fees for permits, applications, and inspections by the City shall be set by
Resolution.
h) Appeal of Citv Police Department's Decision. Any person aggrieved by a decision
of the City's Police Department concerning this section, may appeal the matter to the City
Manager. The aggrieved person shall have ten (10) days from receiving the written decision of the
City's Police Department to file a written appeal to the City Manager. The City Manager may
accept, reject, or modify the decision of the City's Police Department, based upon a review of the
information provided. Any person aggrieved by a decision of the City Manager may appeal the
matter to a court of competent jurisdiction.
Section 3.
Severabilitv. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a part of the
Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or
other appropriate word.
Section 5.
Penaltv. That any person who violates any provisions of this Ordinance
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shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County
jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended,
and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for
declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
yes
absent from the room
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner Joel, who moved its adoption on
second reading. This motion was seconded by Commissioner Auerbach, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Commissioner Bob Diamond yes
Mayor Susan Gottlieb yes
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PASSED AND ADOPTED on first reading this 11 th day of September, 2007.
PASSED AND ADOPTED on second rea ing this 18th da
and Legal Sufficiency:
H~~
City Attorney
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