A. A small wireless facility, including associated poles, equipment and structures, installed under this chapter may not:
1. Obstruct or hinder the usual travel or public safety on a right-of-way;
2. Be located within two feet (2') of a curb, provided that this restriction does not apply to an existing utility pole that is used for collocation unless the pole is proposed to be replaced;
3. Utilize guy wires to support, provided that this restriction does not apply to an existing utility pole with a guy wire;
4. Interfere with or impair the vision of operators of vehicles at street intersections or interfere with or impair any aspect of any sight triangle field of vision as outlined under section 7-3-2 of this title; or
5. Obstruct, damage, or interfere with:
a. Another utility facility in a right-of-way; or
b. A utility's use of the utility's facility in a right-of-way.
B. Construction and maintenance of any pole, equipment or small wireless facility by a wireless provider shall comply with all applicable legal obligations for the protection of underground and overhead utility facilities.
C. A wireless provider shall indemnify, save harmless, and defend City, its officers and employees, from and against all losses, claims, counterclaims, demands, actions, damages, costs, charges, and causes of action of every kind or character, including attorneys' fees, arising out of or in connection with such provider's wireless facilities or use of the public way, unless and to the extent caused by the City's negligence.
D. A wireless provider is solely responsible for establishing electrical power service for its small wireless facilities and for the payment of all electrical utility charges associated with the small wireless facility.
E. All small wireless facilities and wireless provider-owned structures shall be maintained by the wireless provider in a clean and good condition, free of graffiti, and rusting, excessive dirt, and peeling paint. The City shall have the authority to conduct inspections of the small wireless facilities and structures at any time to determine whether such facilities and structures comply with the requirements of this chapter.
(Ord. 2018-27, 8-28-2018)