For the purposes of this Chapter, the following terms shall have the following meanings, unless the context requires otherwise:
(a) "Cell phone" means a portable wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations. A cell phone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle.
(b) "Cell phone retailer" means any person or entity within the City which sells or leases cell phones to the public or which offers cell phones for sale or lease. "Cell phone retailer" shall not include anyone selling or leasing cell phones over the phone, by mail, or over the internet. "Cell phone retailer" shall also not include anyone selling or leasing cell phones directly to the public at a convention, trade show, or conference, or otherwise selling or leasing cell phones directly to the public within the City for fewer than 10 days in a year.
(c) "Cell phone service provider" means a telecommunications common carrier authorized to offer and provide cellular service for hire to the general public.
(d) "Director" means the Director of the Department of the Environment, or his or her designee.
(e) "Display materials" means informational or promotional materials posted adjacent to a sample phone or phones on display at the retail location that describe or list the features of the phone. "Display materials" shall not include any tag, sticker, or decal attached to a cell phone by the manufacturer, the manufacturer's packaging for a cell phone, or materials that list only the price and an identifier for the phone.
(Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 165-11
, File No. 110656, App. 8/3/2011, Eff. 9/2/2011)
Any cell phone service provider that sells its service through a retailer in the City must provide a list of those retail locations to the Department of the Environment in a form determined by the Department. The service provider must update the list annually The Department shall adopt regulations governing the form and submission of the lists.
(Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 165-11
, File No. 110656, App. 8/3/2011, Eff. 9/2/2011)
(a) Beginning 15 days after the Department of the Environment adopts the regulations required under Section 1104(d), cell phone retailers must display in a prominent location visible to the public, within the retail store, an informational poster developed by the Department of the Environment as referenced in Section 1104.
(b) Beginning 15 days after the Department of the Environment adopts the regulations required under Section 1104(d), cell phone retailers must provided to every customer that purchases a cell phone a free copy of an informational factsheet developed by the Department of the Environment as referenced in Section 1104. A copy of this factsheet must also be provided to any customer who requests it, regardless of whether they purchase a cell phone or not.
(c) Beginning 30 days after the Department of the Environment adopts the regulations required under Section 1104(d), if a cell phone retailer posts display materials in connection with sample phones or phones on display, the display materials must include these three informational statements, whose contents, and size, and format as printed, shall be determined by the Department of the Environment:
(1) A statement explaining that cell phones emit radiofrequency energy that is absorbed by the head and body;
(2) A statement referencing measures to reduce exposure to radiofrequency energy from the use of a cell phone; and,
(3) A statement that the informational factsheet referenced in subsection (b) is available from the cell phone retailer upon request.
(d) The Director may, in his or her discretion, authorize a retailer to use alternate means to comply with the requirements of subsections (a), (b) and (c). The Director shall authorize such alternate means through the adoption of a regulation after a noticed hearing, and no retailer may sell or lease cell phones to the public or offer to sell or lease cell phones to the public using any alternate means of compliance with this Chapter unless specifically authorized to do so in advance in writing by the Director.
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