939.09 SAFETY REQUIREMENTS.

   (a)   Prevention of Failures and Accidents. Any person who owns a Wireless Communications Facility sited in the right of way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

   (b)   Compliance with Fire Safety and FCC Regulations. Wireless communications facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

   (c)   Surety Bond or Equivalent Financial Tool for Cost of Removal. All owners must procure and provide to the city a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this section. The bond or equivalent financial method must specifically cover the cost of removal of each Wireless Communications Facility which the owner installs in the right of way in case the city has to remove or pay for removal of the wireless facility. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.   

(Ord. 2017-037. Passed 5-2-17.)