(A) Indemnity. With regard to small wireless facilities, poles, and support structures that are subject to this chapter, the wireless provider shall indemnify and hold the municipality and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees, to the extent that a court of competent jurisdiction finds that the negligence of the wireless provider while siting, installing, maintaining, repairing replacing, relocating, permitting, operating, or locating small wireless facilities, poles, and support structures pursuant to this chapter caused the harm.
(B) Insurance. The municipality may require a wireless provider to have in effect insurance coverage consistent with this section, so long as the municipality imposes similar requirements on other ROW users and such requirements are reasonable and nondiscriminatory. The municipality may require a wireless provider to furnish proof of insurance prior to the effective date of a permit. The municipality may not require a wireless provider to obtain insurance naming the municipality or its officers and employees as additional insureds.
(C) Bonds. The municipality may impose bonding requirements for small wireless facilities if the municipality imposes similar requirements in connection with permits issued for other ROW users. Such bonds may provide for the removal of abandoned or improperly maintained small wireless facilities, including those that the municipality determines must be removed to protect public health, safety, or welfare; restoration of the ROW; and recoupment of rates or fees that have not been paid by a wireless provider in over 12 months. Bonding requirements may not exceed $200 per small wireless facility. For wireless providers with multiple small wireless facilities within the municipality, the total bond amount across all facilities may not exceed $10,000 and that amount may be combined into one bond instrument.
(Ord. 2021-018, passed 7-13-2021)