(A) Prevention of failures and accidents. Any person who owns a small wireless facility and/or wireless support structure sited in the ROW 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 wireless 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) Changes in state or federal standards and regulations. If local, state or federal standards and regulations are amended, the owners of the small wireless facilities governed by this chapter shall bring any facilities and/or structures into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring a small wireless facility into compliance with any revised standards and regulations shall constitute grounds for removal at the owner's expense and the city may remove or cause the removal of such facility at the owner's expense.
(D) Indemnification. Any person who owns or operates small wireless facilities or wireless support structures in the ROW shall indemnify, protect, defend, and hold the city and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the operator who owns or operates small wireless facilities and wireless service in the ROW, any agent, officer, director, representative, employee, affiliate, or subcontractor of the operator, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in the rights-of-way.
(E) Surety bond or equivalent financial tool for cost of removal. Permittee must procure and provide to the city a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with the city's small wireless facility policies and standards. The bond must be maintained for as long as the owner has small wireless facilities located in the ROW. The bond or equivalent financial method must specifically cover the cost of removal of unused or abandoned small wireless facilities or damage to city property caused by an owner or its agent of each small wireless facility in case the city has to remove or pay for its removal. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.
(F) Insurance. Permittee shall provide the city with a contractor's proof of insurance in the amount of $1,000,000. This proof of insurance shall name the city as an additional insured.
(Ord. 2376, passed 5-19-2020)