(A) Purpose. The purpose of this chapter is to provide policies and procedures, for the placement of small wireless facilities in ROWs within the jurisdiction of the municipality.
(B) Scope and intent. It is the intent of this chapter to establish uniform standards applicable to the application for and deployment of small wireless facilities in a manner that serves the interests of the municipality, its citizens, and the general public by advancing the following purposes:
(1) Prevention of interference with the use of streets, sidewalks, alleys, parkways, traffic light poles or other light poles, and other public ways and places;
(2) Prevention of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(3) Prevention of interference with other facilities and operations of facilities lawfully located in the ROWs or public property;
(4) Preservation of the character of neighborhoods where facilities are installed;
(5) Preservation of the character of and applicable land use requirements within design districts, historic districts, and underground districts; and
(6) Facilitation of the rapid deployment of small wireless facilities to provide the citizens with the benefits of advanced wireless services.
(C) Applicable only to small wireless facilities. Nothing in this chapter limits the municipality's powers with respect to wireless facilities that are not small wireless facilities in the ROW, or poles that are used for purposes other than installation of small wireless facilities in the ROW.
(D) Right to prevent interference. The municipality retains the right to require that all small wireless facilities shall be operated and maintained in a manner that does not interfere with public safety (police, traffic control, fire, and emergency services) equipment.
(E) Imminent risk to public safety. If the municipality determines that a wireless provider's activity in the ROW pursuant to this chapter creates an imminent risk to public safety, the municipality may provide written notice to the wireless provider and demand that the wireless provider address such risk. If the wireless provider fails to reasonably address the risk within 24 hours of the written notice, the municipality may take or cause to be taken action to reasonably address such risk and charge the wireless provider the reasonable documented cost of such actions.
(Ord. 2021-018, passed 7-13-2021)