This chapter establishes the requirements for wireless telecommunications facilities proposed to be located on cityowned property.
(Ord. 5992 § 1, 2018)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
means any property owned, rented or leased by the city, or in which the city has the right to use or occupancy by virtue of an easement or other similar interest. For purposes of this definition, “property” includes real property or improvements thereon, and personal property, fixtures or equipment.
means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.
mean any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, fences, and other accessory development.
(Ord. 5992 § 1, 2018)
Any person proposing to locate wireless telecommunications facilities on city-owned property shall:
A.
Enter into a license or sublicense agreement for use of the city-owned property.
B.
Obtain a building permit.
C.
Obtain an encroachment permit.
D.
Comply with all other applicable federal, state and local laws, ordinances and regulations.
(Ord. 5992 § 1, 2018)
A.
No person shall knowingly affix, install, place, attach, maintain, or fail to remove upon demand by the city or any authorized representative thereof, an unauthorized wireless telecommunications facility located on city-owned property.
B.
No person shall use a wireless telecommunications facility located on city-owned property to provide a service not authorized by a city franchise, permit, license, or other authority.
(Ord. 5992 § 1, 2018)
A.
Violation of any provision of this chapter may be charged as an administrative citation, misdemeanor or infraction, at the discretion of the city attorney.
B.
Each unauthorized location or use is a separate offense. Each day a violation of this chapter continues, it constitutes a separate and distinct offense.
C.
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.
(Ord. 5992 § 1, 2018)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 5992 § 1, 2018)