§ 18.41.160. Public health and safety.

(a)

No wireless communication facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time.

(b)

All wireless telecommunication facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and/or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of the wireless telecommunication facility by the city at the property owner's expense.

(c)

If it is found that wireless telecommunication facilities are or will be detrimental to the health, safety or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety and welfare. A facility shall not be found to create a hazard to health, safety or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC or other federal agency having jurisdiction.

(d)

The wireless telecommunication service provider shall submit a certification to the community development department from a licensed engineer in the field of EMF/RF emission, ten days after full power operation, and on two-year intervals after the initial certification, verifying that the facility is and has been operated within the then current applicable federal standards for EMF/RF emission standards. The report shall consider cumulative effects of co-located facilities and be written in plain English.

(Ord. 690B §2 (part), 2000)