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2017 Ordinances
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12/14/2017 12:45:26 PM
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Wireless services means (i) "personal wireless services" as defined in 47 U.S.C. § <br />332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), <br />including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal <br />mobile communication devices through wireless facilities; and (iii) any other fixed or mobile <br />wireless service, using licensed or unlicensed spectrum, provided using wireless facilities. <br />Wireless service provider means a provider of wireless services. <br />Wireless support structure means a freestanding structure, such as a on le• monopole, tower, <br />either guyed or self - supporting, or a suitable existing structure or alternative structure designed to <br />support or capable of supporting wireless facilities. Wireless support structure does not include <br />any telephone or electrical utility pole or any tower used for the distribution or transmission of <br />electrical service. <br />Sec. 32 -302. - Violations of article. <br />(a) A violation of any provision of this article shall constitute a class I misdemeanor. <br />(b) In the event of violation by any person of any provision of this article, the city may <br />immediately suspend all permits, rights and franchises held by such person. <br />Sec, 32 -303. - Relationship to right -of -wav Hermit. <br />Nothing in this article shall be construed to waive the independent requirement to obtain a <br />right-of-way permit pursuant to article II of chanter 32 for any work involving wireless facilities <br />that by its nature triggers the permit requirement set forth in section 32 -58. <br />Sec 32 -304 — Permits Revocable <br />Any permit issued under this article shall be revocable by the city engineer for non- <br />compliance with any term of the permit or any applicable wireless facilities franchise agreement, <br />or for non - compliance with any applicable requirement of this chapter 32. <br />DIVISION 2. - CO- LOCATION OF SMALL CELL FACILITIES ON EXISTING <br />STRUCTURES. <br />Sec, 32 -310. —Applicability. <br />This division applies to the co- location of small cell facilities on existing structures within a <br />public way except where the existing structure is a city facility. <br />Sec. 32 -31 X0-3. - Permit required. <br />No person shall co- locate a small cell facility in or on any existing structure located within <br />any public street, lane, alley or other public right -of -way in the city without first obtaining a permit <br />from the city engineer in accordance with this article. <br />A -3 <br />
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