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AN ORDINANCE ADOPTING BY REFERENCE THE SMALL WIRELESS FACILITY REGULATION OF THE CITY OF JONESBORO FOR ADDITION TO THE JONESBORO CODE OF ORDINANCES
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WHEREAS, the City of Jonesboro, Arkansas desires to ensure that the City has properties that are safe and secure for the citizens of Jonesboro; and
WHEREAS, the City of Jonesboro desires to adopt by reference a certain technical code entitled Small Wireless Facility Regulation of the City of Jonesboro; and
WHEREAS, the City of Jonesboro desires to apply said code to all small wireless facilities within the city limits in order to establish and clarify requirements on said facilities so as to safeguard the life, health, safety of its citizens and the protection of property within the City of Jonesboro, Arkansas.; and
WHEREAS, the City of Jonesboro Planning Department has reviewed the Small Wireless Facility Regulation of the City of Jonesboro and the code has been advertised for public comment on the adoption thereof ; and
WHEREAS, the Public Works committee has addressed all public comments received and has approved said technical code and forwarded said code to City Council for adoption; and
WHEREAS, pursuant to ACA 14-55-207, public notice was given of the City’s intent to adopt said technical code by reference, advertised that three (3) copies of the document were on file and available for public review and examination in the Office of City Clerk.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF JONESBORO, ARKANSAS THAT:
SECTION ONE: There is hereby adopted by reference by the City of Jonesboro, Arkansas a certain technical code known as the Small Wireless Facility Regulation of the City of Jonesboro and said code shall be included in the Jonesboro City Code of Ordinances.
SECTION TWO: The requirements of said code shall be enforced by the City of Jonesboro Planning Department, Inspections Department, and/or Engineering Department. Violations of the code will be cited to Craighead County District Court as a violation of city ordinance, subject to fines and costs as prescribed in the Jonesboro City Code of Ordinances.
SECTION THREE: That there is a federal deadline approaching and any guidelines passed after that deadline will not be enforceable. An emergency is declared to exist in order to preserve the public safety and welfare, and to preserve our ability to have control over what is placed in the right of way within our city, and therefore, this ordinance shall take effect upon its passage and approval.
PASSED AND APPROVED, this 20th day of August, 2019.