Laserfiche WebLink
18.1 10.300 <br />brought within the time period provided for in applicable state and local statutes. The city shall promptly notify <br />the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the city <br />from participating in a defense of any claim, action, or proceeding if the city bears its own attorney fees and <br />costs, and the city defends the action in good faith. <br />B. Personal wireless service providers shall be strictly liable for any and all sudden and accidental pollution and <br />gradual pollution from the usage of their personal wireless service facilities within the city. This liability shall in- <br />clude cleanup, injury or damage to persons or property. Additionally, personal wireless service providers shall be <br />responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from <br />their operations. <br />C. Personal wireless service providers shall be strictly liable for any and all damages resulting from electromagnetic <br />waves or radio frequency emissions in excess of the Federal Communication Commission's standards. (Ord. <br />1743 § 1, 1998) <br />18.110.300 Review of ordinance. <br />A. Personal wireless service facilities are currently subject to rapid change. Innovations may render the need for <br />specific sections of this chapter obsolete. The city shall review the ordinance codified in this chapter at least once <br />every five years from the date of adoption. <br />I3. Whenever a personal wireless service facility provider applies to locate a significantly different type of technol- <br />ogy in the city, the city shall review the ordinance codified in this chapter for its applicability prior to the ap- <br />proval of the placement and/or design of the new technology. <br />C. The city shall review the ordinance codified in this chapter within six months of a change to the Federal Commu- <br />nication Commission's regulations which states that local governments may regulate personal wireless service <br />facilities based on their health effects. (Ord. 1743 § 1, 1998) <br />18.110.310 Severability. <br />If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding <br />shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect. (Ord. 1743 § I, <br />1998) <br />(Pleasanton Stipp. No. 3.I -10) <br />684 <br />