1999 MAY - Laserfiche WebLink

18.110.280 ties Commission, and any other agency of the Federal or State government with the authority to regulate personal wireless service providers. If such standards and regulations are changed, the personal wireless service provider shall bring its facilities into compliance with such re- vised standards and regulations within ninety (90) days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal or State agency. Failure to bring personal wireless service facilities into compliance with such revised standards and regula- tions shall constitute grounds for the immediate removal of such facilities at the personal wireless service provider's expense. (Ord. 1743 § 1, 1998) 18.110.290 Indemnity And Liability: A. The personal wireless service pro- vider shall defend, indemnify and hold harmless the City or any of its boards, commissions, agents, officers, and em- ployees from any claim, action or pro- ceeding against the City, its boards, com- missions, agents, officers, or employees to attack, set aside, void, or annul, the ap- proval of the project, unless such claim, action, or proceeding is based on the City's negligence or misconduct, when such claim or action is brought within the time period provided for in applicable State and local statutes. The City shall promptly notify the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney fees and costs, and the City defends the action in good faith. B. Personal wireless service providers shall be strictly liable for any and all sudden and accidental pollution and grad- ual pollution from the usage of their personal wireless service facilities within the City. This liability shall include clean- up, injury or damage to persons or property. Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. C. Personal wireless service providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the Federal Communication Commission's standards. (Ord. 1743 § 1, 1998) 18.110.300 Review Of Ordinance: A. Personal wireless service facilities are currently subject to rapid change. Innovations may render the need for specific sections of this Chapter obsolete. The City shall review this Ordinance at least once every five (5) years from the date of adoption. B. Whenever a personal wireless ser- vice facility provider applies to locate a significantly different type of technology in the City, the City shall review this Ordinance for its applicability prior to the approval of the placement and/or design of the new technology. C. The City shall review the Ordinance within six (6) months of a change to the (Pleasanton 5-99) 616-18