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933.09 RECOVERY OF COSTS.
   (a)   Application Processing Fee. For processing an application for consent, the City shall charge a fee of two hundred fifty dollars ($250.00) for each small cell facility and wireless support structure requested. The City may adjust this fee ten per cent every five years, rounded to the nearest five dollars.
   (b)   Annual Collocation Fee. For operator's attachment of small cell facilities to wireless support structures owned or operated by the City and located in the right-of-way, the City shall charge an annual fee of two hundred dollars ($200.00) per small cell facility so attached. The City may adjust this fee ten per cent every five years, rounded to the nearest five dollars.
   (c)   Tax Liabilities and Assessments Not Applicable. Placement of small cell facilities in the right-of-way or attachment of small cell facilities to a wireless support structure and any fees associated therewith shall not subject the City to any state or local tax liabilities or assessments.
(Ord. 18-O-062. Passed 7-3-18.)
933.10 SEVERABILITY.
   The provisions of this chapter are severable. If any provision or subsection, or the application of any provision or subsection to any person or circumstances is held invalid, the remaining provisions, subsection, and applications of such ordinance to other persons or circumstances shall not be made invalid as well. It is declared to be the intent of this section that the remaining provisions would have been adopted had such invalid provisions not been included in this chapter when originally adopted by Council.
(Ord. 18-O-062. Passed 7-3-18.)
933.11 PENALTY.
   (a)   In addition to any other penalties set forth in this chapter, any person violating any section in this chapter shall be guilty of a minor misdemeanor. Each day the violation continues shall be deemed a separate offense.
   (b)   Placement or operation of small cell facilities or wireless support structures in violation of this Chapter is hereby declared to be a public nuisance. Nothing herein shall prevent the City from taking any other lawful action, including civil actions at law or in equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 18-O-062. Passed 7-3-18.)