(a) Other City Ordinances. In the event that any provision of this chapter conflicts with any other provision of the City’s Codified Ordinances or other ordinances or resolutions of the City, the more restrictive provision shall govern.
(b) Preemption by State and Federal Law. Except as may be preempted by applicable state or federal law, rates, regulations, and orders, this chapter shall apply and be controlling over each service provider engaged in the business of transmitting, supplying or furnishing of services originating, passing through, or terminating in the City.
(c) Exemption for City-Owned or Operated Facilities. Nothing in this chapter shall be construed to apply the provisions of this chapter to facilities, facility, small cell facility, wireless support structure or private facility owned or operated by the City or any of its operations.
(d) Prevention of Failures and Accidents. Any person who owns a small cell wireless facility sited in the right-of-way shall at all times employ ordinary and reasonable care and install and maintain in use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.
(e) 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.
(f) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 2018-27. Passed 6-11-18; Ord. 2018-36. Passed 8-1-18.)