(a) Prevention of Failures and Accidents. Any person who owns a small cell facility and/or wireless support structure sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use industry standard 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. Small cell 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 municipality a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with this section. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small cell facilities and/ or wireless support structures or damage to municipality property caused by an operator or its agent of each small cell facility and/ or wireless support structure in case the municipality has to remove or pay for its removal. Acceptable alternatives to a bond include self-insurance, a funds set-aside and a letter of credit.
(Ord. 17-2021. Passed 5-4-21.)