§ 46-451. Exceptions to applicability.

Nothing in this article authorizes a person to collocate small wireless facilities on:

(1)

Property owned by a private party, property owned or controlled by the village or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;

(2)

Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government, as provided by the Illinois Highway Code; or

(3)

Property owned by a rail carrier registered under section 18c-7201 of the Illinois Vehicle Code, Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in section 16-102 of the Public Utilities Act, without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this Article do not apply to an electric or gas public utility, or such utility's wireless facilities, if the facilities are being used, developed, and maintained consistent with the provisions of subsection (i) of section 16-108.5 of the Public Utilities Act.

For the purposes of this subsection, "public utility" has the meaning given to that term in section 3-105 of the Public Utilities Act. Nothing in this article shall be construed to relieve any person from any requirement (a) to obtain a franchise or a state-issued authorization to offer cable service or video service; or (b) to obtain any required permission to install, place, maintain, or operate communications facilities other than small wireless facilities subject to this article.

(Ord. No. 2018-62 , § 2, 7-23-2018)