[R.O. 2003 §425.030; Ord. No. 557, 4-10-1997]
The tower and facilities shall meet all Federal Communications
Commission requirements for radio frequency emissions.
[R.O. 2003 §425.040; Ord. No. 557, 4-10-1997]
A.
It is the responsibility of the carrier to promptly resolve any electromagnetic
interference problems created per FCC regulations.
B.
All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the Federal Government
with the authority to regulate towers and antennas. If such standards
and regulations are changed, then the owners of the towers and antennas
governed by this Chapter shall bring such towers and antennas into
compliance with such revised standards and regulations within six
(6) months of the effective date of such standards and regulations
unless a more stringent compliance with such revised standards and
regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense. Any such removal by the governing
authority shall be in a manner provided.
[R.O. 2003 §425.050; Ord. No. 557, 4-10-1997]
To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards
contained in applicable local building codes and the applicable standards
for towers that are published by the Electronic Industries Association,
as amended from time to time. If, upon inspection, the governing authority
concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice
being provided to the owner of the tower, the owner shall have thirty
(30) days to bring such tower into compliance with such standards.
If the owner fails to bring such tower into compliance within said
thirty (30) days, the governing authority may (order the removal or
cause the removal of) such tower at the owner's expense.
[R.O. 2003 §425.060; Ord. No. 557, 4-10-1997]
Any antenna or tower that is not operated for a continuous period
of twelve (12) months shall be considered abandoned, and the owner
of such antenna or tower shall remove same within ninety (90) days
of receipt of notice from the governing authority notifying the owner
of such abandonment. If such antenna or tower is not removed within
said ninety (90) days, the governing authority may remove such antenna
or tower at the owner's expense. If there are two (2) or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
[R.O. 2003 §425.070; Ord. No. 557, 4-10-1997; Ord. No. 758 §2, 3-1-2007]
At least every twelve (12) months, the tower shall be inspected
by an expert who is regularly involved in the maintenance, inspection
and/or erection of communication towers. At a minimum, this inspection
shall be conducted in accordance with the tower inspection check list
provided in the Electronics Industries Association (EIA) Standard
222, "Structural Standards for Steel Antenna Towers and Antenna Support
Structures." A copy of such inspection record shall be provided to
the City.
[R.O. 2003 §425.080; Ord. No. 557, 4-10-1997]
An operator shall have authority to trim trees and shrubbery
upon and overhanging streets and other public property so as to prevent
the branches and foliage of such trees and shrubbery from coming in
contact and interfering with the wires, cables and other facilities
of an operator. All trimming shall be done under the supervision and
direction of the City.
[R.O. 2003 §425.090; Ord. No. 557, 4-10-1997]
This Chapter shall be in full force and effect upon its enactment
and approval, and any person found to be in violation of any of the
provisions of this Chapter shall be subject to a fine of up to five
hundred dollars ($500.00) for each day of violation.
[R.O. 2003 §425.100; Ord. No. 557, 4-10-1997]
In all areas of the City where the cables, wires and other like
facilities of public utilities exist underground, or are required
by the City to be placed underground, an operator shall also place
its cables, wires, or other facilities underground.
[R.O. 2003 §425.110; Ord. No. 557, 4-10-1997]
In the case of any disturbance to a street or other public property,
caused by an operator during the course of constructing or maintaining
its system facilities, an operator shall, at its own expense, replace
and restore all paving, sidewalk, driveway, landscaping, or surface
of any street or other public property disturbed in as good or better
condition as before the disturbance in accordance with applicable
Federal, State and local laws, rules, regulations or administrative
decisions. The duty to restore the street or other public property
shall include the repair of any area identified by the Director of
Public Works as being weakened or damaged as a result of a cut or
to other invasion of the pavement of a street or other public property.
