34-18 Enact Chp 906 Use of Public Ways for Small Cell Wireless Facilities...

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Placed on first reading and referred to Public Works Committee July 2, 2018. Please substitute for the original. ORDINANCE NO. 34 -18 BY: Anderson, Bullock, George, Litten O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Chapter 906, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, of the Codified Ordinances of the City of Lakewood in order to regulate small cell wireless facilities located in the right -of -way. WHEREAS, Substitute House Bill 478 (Sub. H.B. 478) will go into effect on July 31, 2018; and WHEREAS, Sub. H.B. 478 amends Ohio Revised Code Chapter 4939 to provide, among other things, that municipalities must permit wireless service providers, cable providers, video service providers, and their designated agents to attach small cell wireless facilities to municipal- ly owned support structures located in the right -of -way, including on utility poles, traffic signals, and street lights and to construct, maintain, modify, operate, or replace a wireless support struc- ture in the right -of -way; and WHEREAS, this Council desires to regulate small cell facilities, new wireless support structures, and the persons and entities who desire to construct, operate, and maintain such facili- ties in the City; and WHEREAS, this Council believes that enacting new Chapter 906 of the Code, Use of Public Ways for Small Cell Wireless Facilities and Wireless Support Structures, promotes the public health, safety and welfare of the City and its residents; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordi- nance is an emergency measure and that it shall take effect immediately after its adoption by Council and approval by the Mayor because of the timing of the effectiveness of Sub. H.B. 478; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: