163.09 SAFETY REQUIREMENTS.

   (a)   Prevention of Failures and Accidents. Any person who owns, leases or operates a small cell facility and/or wireless support structure sited in the right-of-way 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 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.

   (c)   Surety Bond or Equivalent Financial Tool for Cost of Removal. All owners, lessees and/or operators must procure and provide to the City a bond, or must provide proof of an equivalent financial mechanism, to cover the cost of removal of unused or abandoned small cell facilities and/or wireless support structures, or to cover damage to City property caused by an operator or its agent. Two acceptable alternatives to a bond include a funds set-aside and a letter of credit.

(Ord. 18-56. Enacted 7-23-18.)