Subd. 1. Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.
A. The term "antenna" means any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas, such as whip antennas.
B. The term "tower" means any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.
Subd. 2. Applicability. Unless otherwise specified, these regulations shall apply to all towers and antennas as defined in Subd. 1. of this section, except any tower or antenna which is less than 70 feet in height.
Subd. 3. Construction Requirements. All antennas and towers erected, constructed or within the city, and all wiring therefor, shall comply with the following requirements:
A. All applicable provisions of this Code;
B. Towers shall conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association;
C. With the exception of necessary electric and telephone service and connection lines approved by the Issuing Authority, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line;
D. Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code;
E. All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers shall be at least eight feet above the ground at all points, unless buried underground;
F. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons;
G. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration;
H. No tower shall be in excess of a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet;
I. Metal towers shall be constructed of, or treated with, corrosive resistant material. Wood poles shall be impregnated with rot resistant substances; and
J. All towers which are subject to this section erected within the city must conform to the applicable performance standards in the Unified Development Ordinance, adopted in City Code § 14.01.
Subd. 4. Existing Antennas and Towers. Antennas and towers that are in existence as of 7-1-1997, which do not conform to or comply with this section, but which would otherwise be subject to the section, are subject to the following provisions.
A. Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.
B. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions without otherwise complying with this section, provided, however, that, if the cost of repairing the tower to the former use, physical dimensions and location would be 25% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this section.
Subd. 5. Lights and Other Attachments. No antenna or tower in any protected residential parcel, as defined in the Unified Development Ordinance, adopted in City Code §
14.01
, shall have affixed or attached to it in any way except during time of repair or installation any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest or like structure, except during periods of construction or repair.
Subd. 6. Inspections.
A. All towers will be subject to inspection from time to time by the Redwood Falls Building Official to determine compliance with original construction standards. Deviation from original construction constitutes a violation of this section.
B. Notice of violations will be sent by registered mail to the owner and he or she will have 30 days from the date the notification is issued to make repairs. The owner will notify the Building Official that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
Subd. 7. Violations.
A. Upon discovery of a suspected violation, the violator shall be issued a citation by the city police and given notice of his or her right to be heard on the accusation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Any person found to be in violation of this section shall be guilty of a misdemeanor.
B. As an alternative to a misdemeanor prosecution, the city may offer the accused violator a chance to pay an administrative fine as provided in the fine schedule adopted and amended from time to time by the Council. If the accused violator accepts the administrative option, he or she may pay the fine to the city's Deputy Clerk or he or she may within ten days of the notice, request an administrative hearing before the Council or authorized hearing officer designated by the Council. If, after the hearing, the person is found to be in violation of this section, he or she shall be ordered to pay the fine. If a violator elects to pay the fine, or if he or she is acquitted of the violation by the hearing officer, he or she shall not be subject to misdemeanor prosecution for violation of the section. If the violator fails to pay the fine within 90 days following the hearing or 90 days following the last day to request a hearing when a hearing has not been requested, the city may vacate the civil action and proceed with the misdemeanor prosecution. At any time, the accused violator may abandon his or her request to pursue the administrative penalty and elect to have his or her case heard in court under the misdemeanor prosecution. The city shall also have the right to refuse to offer the administrative penalty and instead proceed directly with the misdemeanor prosecution for a particular offense.
Subd. 8. Interpretation. It is not the intention of this section to interfere with, abrogate or annul any covenant or other agreement between parties; provided, however, where this section imposes a greater restriction upon the use or premises for antennas or towers than are imposed or required by other ordinances, rules, regulations or permits, or by covenants or agreements, the provisions of this section shall govern.
(Ord. 21, Third Series, passed 10-7-1997)