§ 98-2364. Interference with essential services.

To the extent not inconsistent with applicable federal law and FCC regulations, all providers of wireless services and all owners and/or operators of wireless communications facilities, towers and antennas shall comply with the following:

(a)

The owner and/or operator of a wireless communications facility, tower or antenna shall take reasonable precautions to avoid causing harmful interference with essential services. This includes monitoring the transmitting frequency for communications in progress and such other measures as may be necessary to minimize the potential for causing interference with essential services.

(b)

If the planning and zoning official, in consultation with the telecommunications manager, other appropriate staff and technical consultant, as necessary, determines that any interference with essential services in the city requires further consideration, the mayor shall review all necessary data or information and the owner and/or operator shall be notified the review. The mayor may take action as it deems necessary, in accordance with applicable law.

(c)

To the extent not inconsistent with applicable law, if a provider of wireless services or the owner or operator of a wireless communications facility, tower or antenna refuses to stop any interference with essential services in the city, the city may file a complaint with the FCC for resolution and/or seek an injunction against it pursuant to F.S. § 843.025 that makes it unlawful for any person to deprive a law enforcement officer of his radio or to otherwise deprive the officer of the means to summon assistance, or pursue any other remedy authorized by applicable law.

(Ord. No. 2017-036, § 3, 6-27-2017)