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2018 024 Ordinance
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2018 024 Ordinance
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Last modified
3/22/2019 10:59:31 AM
Creation date
3/22/2019 4:26:52 AM
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Legislation-Meeting Minutes
Document Type
Ordinance
Number
024
Date
8/20/2018
Year
2018
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ORDINANCE NO: 2018-24 . <br />PAG E 20 <br />709.07 MISCELLANEOUS PROVISIQNS. <br />(a) Other Village Ordinances. In the event that any provision of this Chapter <br />conflicts with any other provision of the V'illage's Codified Ordinances or other <br />ordinances or resolutions of the Village, the more restrictive provision shall govern. <br />(b) Preemption by State and Federal Law. Except as may be preempted by <br />applicable State or Federal law, rates, regulations, and orders, this Chapter shall apply <br />and be controlling over each Service Provider engaged in the business of transmitting, <br />supplying or furnishing of Services originating, passing through, or terminating in the <br />Village. <br />(c) Exemption for Village-0wned or Operated Facilities. Nothing in this <br />Chapter shall be construed to apply the provisions of this Chapter to Facilities, Facility, <br />Small Cell Facility, Wireless Support Structure or Private Facility owned or operated by <br />the Village or any of its operations. ' <br />(d) Severability. If any section, subsection, sentence, clause, phrase, or other <br />portion of this Chapter, or its application to an.y Person, is, for any reason, declared <br />invalid, in whole or in part by any court or agency of competent jurisdiction, said decision <br />shall nof affect the validity of the remaining portions hereof.. <br />709.99 PENALTIES AND OTHER REMEDIES. <br />(a) Penalties. Any Person found guilty of violating, disobeying, omitting, <br />neglecting or refusing to comply with any of the provisions of this Chapter shall be guilty <br />of a misdemeanor of fhe fourth (4th) degree. A separate and distinct Offense shall be <br />deemed committed each day on which a violation occurs or continues. <br />(b) Other Remedies. Nothing in this Chapter shall be construed as limiting any <br />administrative or judicial remedies that the Village may have, at law or in equity, for <br />enforcement of this Chapter. Section 2. That it is found. and determined that all formal actions of this Council <br />concerning and relating to the adoption of this Ordinance were adopted in an open <br />meeting of this Council; and that all deliberations of this Council, and of.any of, its <br />committees, that resulted in such formal action were in meetings open to the public in <br />compliance with all legal requirements. <br />Section 3. That this Ordinance is hereby declared to be an emergency measure <br />necessary for the immediate preservation of the public peace,, property, health, safety <br />and welfare of the Village, and for the further reason that there is a need to <br />accommodate and manage the increasing demand for the use of public rights-of-way <br />within the Village. It Shall, therefore, take. effect immediately upon passage by the
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