1180.05 LOCATION, RELOCATION AND REMOVAL OF SMALL CELL FACILITY AND WIRELESS SUPPORT STRUCTURE.

   (a)   Excess Capacity. To reduce Excavation and congestion in the Public Right-of-Way, it is the City's goal to encourage Service Providers to share occupancy of Utility Poles, as well as to construct, whenever possible, excess available space on Utility Poles and Wireless Support Structures for occupancy of future Small Cell Facilities in the Public Right-of-Way. The Service Provider may charge a reasonable market lease rate to other Providers for occupancy of the additional utility pole space as reimbursement.

   (b)   Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, a Service Provider shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Small Cell Facility and Wireless Support Structure in the Public Right-of-Way whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

      (1)   The Construction, Reconstruction, repair, maintenance or installation of any City or other public improvement in or upon the Public Right-of-Way.

      (2)   The operations of the City or other governmental entity in or upon the Public Right-of-Way.

   (c)   Removal of Unauthorized Small Cell Facility and Wireless Support Structure. Within thirty (30) days following written notice from the City, any Service Provider or other Person that owns, controls or maintains any unauthorized Small Cell Facility, Wireless Support Structure or related appurtenances in the Public Right-of-Way shall, at its own expense, remove the Small Cell Facility, Wireless Support Structure or appurtenances from the Public Right-of-Way of the City. After the thirty (30) days have expired, the City may remove the Small Cell Facility, Wireless Support Structure or appurtenances from the Public Right-of-Way at the other party's expense. A Small Cell Facility and Wireless Support Structure is unauthorized and subject to removal in the following circumstances:

      (1)   Upon revocation of the Service Provider's consent to Occupy or Use the Public Right-of-Way;

      (2)   Upon abandonment of a Small Cell Facility and Wireless Support Structure in the Public Right-of-Way of the City;

      (3)   If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located or maintained without the consent to do so, except as otherwise provided by this Chapter;

      (4)   If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of-Way was performed, without prior issuance of a required Construction Permit, except as otherwise provided by this Chapter;

      (5)   If the Small Cell Facility and Wireless Support Structure was Constructed, Reconstructed, installed, operated, located or maintained, or any Excavation of a Public Right-of-Way was performed, at a location not permitted pursuant to the City's consent to Occupy or Use the Public Right-of-Way or Construction Permit.

   (d)   Emergency Removal or Relocation of Small Cell Facility and Wireless Support Structure. The City retains the right and privilege to cut or move any Facilities, or stop work on any Construction, Reconstruction, installation, operation or Excavation, located in the Public Right-of-Way of the City, as the City may determine to be necessary, appropriate or useful in response to any need to protect the public health, safety or welfare.

(Ord. 2018-081. Passed 6-28-18.)