Prior to the adoption of Ord. 19672 on 09/17/2007, Section 10-5 read as follows.

    Any franchise shall be issued in the form of a written agreement between the city and the franchisee.  The city manager shall execute a franchise agreement on behalf of the city only when specifically authorized to do so by an ordinance enacted by the city council.

    (a)    As used in this section, “facilities” means cabinets or other structures more than four (4) feet in height or eight (8) square feet in area that are used in providing video services.

    (b)    Facilities shall not be placed in any location that would create a safety hazard by blocking the line of sight of any person operating a motor vehicle.

    (c)    Facilities shall not be located where they will interfere with any public structures or with the use of public property.  

    (d)    Video service providers shall screen all their facilities from view on all sides using plants, landscaping materials, ornamental fences, walls, or any combination of these screening methods.  Screening shall be designed to achieve at least eighty percent (80%) opacity at the time of installation or, where plants are used, within two (2) years of planting.  Screening must be equally effective in winter and in summer.  Video service providers shall be responsible for properly installing and maintaining the screening.

    (e)    Video service providers shall give notice to all property owners within one hundred eighty-five (185) feet of the site of a facility, at least forty-eight (48) hours before any installation, replacement or expansion of the facility.  The notice shall include a detailed description of the work to be done, the exact location of the work and the time and duration when the work shall be done.

    (f)    Video service providers shall remove or relocate facilities at their expense when removal or relocation is necessary to accommodate construction, improvement or maintenance of streets or other public works, excluding minor beautification projects.

    (g)    To the extent consistent with federal and state law, video service providers shall be subject to all other applicable city ordinances and regulations pertaining to the installation of facilities.  

(Ord. No. 18917, § 2, 3-6-06)