City of Gainesville - File #: 170786.

• File #: 170786.
• Version: 1
• Type: Ordinance
• Status: Adopted
• File created: 1/30/2018
• In control: City Attorney
• On agenda: 2/15/2018
• Final action: 3/1/2018
• Title: ORDINANCE AMENDING REGULATIONS FOR OBSTRUCTIONS OF AND UTILITY USE OF PUBLIC RIGHTS-OF-WAY (B) Ordinance No. 170786 An ordinance of the City of Gainesville, Florida, amending Chapter 23 - Streets, Sidewalks and Other Public Places in the City of Gainesville Code of Ordinances relating to regulations that apply to temporary obstructions of public rights-of-way and to regulations that apply to use of public rights-of-way by utilities, including communications facilities and small wireless facilities; by deleting Chapter 23, Article III - Encroachments and Obstructions; by deleting Chapter 23, Article VI - Registration Requirements for Use of Public Rights-of-Way by Communications Services Providers and Other Wireline Users of Rights-of-Way; by renumbering the articles of Chapter 23; by adding a new Article V - Public Rights-of-Way Obstructions; by adding a new Article VI - Public Rights-of-Way Use by Utilities; providing directions to the codifier; providing a severability clause; prov...

Date	Ver.	Action By	Action	Result
3/1/2018	1	City Commission	Adopted on Final Reading (Ordinance)	Pass
2/15/2018	1	City Commission	Adopted on First Reading (Ordinance)	Pass

title
ORDINANCE AMENDING REGULATIONS FOR OBSTRUCTIONS OF AND UTILITY USE OF PUBLIC RIGHTS-OF-WAY (B)

Ordinance No. 170786

An ordinance of the City of Gainesville, Florida, amending Chapter 23 - Streets, Sidewalks and Other Public Places in the City of Gainesville Code of Ordinances relating to regulations that apply to temporary obstructions of public rights-of-way and to regulations that apply to use of public rights-of-way by utilities, including communications facilities and small wireless facilities; by deleting Chapter 23, Article III - Encroachments and Obstructions; by deleting Chapter 23, Article VI - Registration Requirements for Use of Public Rights-of-Way by Communications Services Providers and Other Wireline Users of Rights-of-Way; by renumbering the articles of Chapter 23; by adding a new Article V - Public Rights-of-Way Obstructions; by adding a new Article VI - Public Rights-of-Way Use by Utilities; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date.

recommendation
Adopt the proposed ordinance.

explanation
STAFF REPORT

This ordinance will amend Chapter 23 of the Code of Ordinances regarding regulations for temporary obstructions of public rights-of-way (ROWs) and regulations for the use of ROWs by utilities, including for communications facilities and small wireless facilities. Essentially, this ordinance creates two distinct regulatory programs: one for general obstructions in ROWs, including anything from developers moving equipment or cranes in the ROWs to any other common ROW blockage, and the other for any utility use of the ROWs, including any private utility infrastructure installed either underground or aboveground. The City's ROWs are a unique and physically limited resource, and this ordinance seeks to use and manage this resource by thoughtfully balancing the objectives of safety, aesthetics, economic vitality, and service delivery.

The regulati...