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2018 024 Ordinance
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2018 024 Ordinance
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Last modified
3/22/2019 10:59:31 AM
Creation date
3/22/2019 4:26:52 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
024
Date
8/20/2018
Year
2018
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ORDINANCE N0. 2018-24 <br />PAG E 15 <br />necessary and in accordance with applicable State and local requirements for the safety <br />of all members of the general public and to pcevent injury or damage to any Person, <br />vehicle or property by reason of such work in or affecting such Public Right=of- Way or <br />property. <br />(q) InterFerence with the Public Right-of-Ways. No Service Provider may locate or <br />maintain its Small Cell Facility and Wireless Support Structure so as to unreasonably <br />interfere with the use of the Public Right-of-Way by the Village, by the general public or <br />by other Persons authorized to use or be present in or upon the Public Right-of-Way: All <br />such Small Cell. Facilities and Wireless Support Structures shall be moved by the <br />Service Provider, temporarily or permanently, as determined by the Building <br />Commissioner when necessary to protect the public, comply with the provisions of this <br />Chapter, or otherwise comply with local, state or federal laws. The expense or cost to <br />move said Small Cell Facility and 111/ireless Support Structure shall be. the responsibility <br />of the Service Provider. <br />(r) Damage to Public and Private Property: No Service Provider nor any Person <br />acting on the Service Proyider's behalf shall take any action or permit any action to be <br />done which may impair or damage any Village Property, Public Right-of-Way, or other <br />public or private property located in, on or adjacent thereto. <br />(s) Restoration of Public Right-of-Vllay, Other Ways and Village Propertv. <br />. (1) When a Service Provider, or any Person acfing on its behalf, does <br />any work in or affecting any. Public Right-of=Way.or Village Property, <br />it shall, after the work is completed and at its own expense, <br />promptly remove any obstructions therefrom and restore such ways <br />or property, within ten (10) to thirty (30). days, at the Building <br />Commissioner's discretion, to as good a condition as existed before <br />- the work was undertaken, unless otherwise directed by the Village. <br />(2) If weather or other conditions . do not permit the complete <br />restoration required by this. Section, the Service Provider shall <br />temporarily restore the affected ways or property as directed by the <br />Building Commissioner. Such temporary restoration shall be at the <br />Service Provider's sole expense and the Service Provider shall <br />promptly undertake and complete the . required permanent <br />restoration when the weather or other conditions no longer prevent <br />such permanent restoration. <br />(t) Damage to Service Provider's Small Cell Facility and Wireless Support <br />Structure. Unless directly and proximately caused. by the willful, intentional or malicious <br />acts of the Village, the Village shall not be liable for any damage to or loss of any Small. <br />Cell Facility or Wireless Support Structure in the Public Right-of-Way of the Village'as a <br />result of or in connection with, but not limited to, any public works; public improvements, <br />Construction, Excavation, grading, filling, salting, snow removal or work of any kind in <br />the Public Right-of-Way by or on behalf of the Village. <br />(u) Duty to Provide Information. Within ten (10) days of a written request from
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