Sec. 153.601 - Purpose.

(A)

The purpose of this section is to reasonably regulate, to the extent permitted under California and federal law, the installations, operations, collocations, modifications, replacements and removals of various wireless communications facilities ("WCFs") in the Town recognizing the benefits of wireless

communications while reasonably respecting other important Town needs, including the protection of public health, safety, and welfare, aesthetics and local values.

(B)

The overarching intent of this section is to make wireless communications reasonably available while preserving the essential rural character of the Town. This will be realized by minimizing the visual and physical effects of WCFs through appropriate design, siting, screening techniques and location standards.

(C)

It is not the purpose or intent of this section to:

(1)

Prohibit or to have the effect of prohibiting wireless communications services; or

(2)

Unreasonably discriminate among providers of functionally equivalent wireless communications services; or

(3)

Regulate the placement, construction or modification of WCFs on the basis of the environmental effects of RF emissions where it is demonstrated that the WCF does or will comply with the applicable FCC regulations; or

(4)

Prohibit or effectively prohibit collocations or modifications that the Town must approve under state or federal law.

(D)

The provisions in this section shall apply to all permit applications to install, operate or change, including, without limitation, to collocate, modify, replace or remove, any new or existing wireless tower or base station within the Town. This section does not apply to WCFs owned by or exclusively operated for government agencies, amateur radio stations, satellite dish or other television antennas or other OTARD antennas, or towers as defined and governed by Chapter 153, except to the extent that such towers may be used to support WCFs.

(E)

Nothing in this section is intended to allow the Town to preempt any state or federal law or regulation applicable to a WCF.

(F)

The provisions of this section are in addition to, and do not replace, any obligations a WCF permit holder may have under any franchises, licenses, or other permits issued by the Town.

(Ord. 2001-510, effective 6-7-01; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-607, § 2(Exh. A), effective 3-26-20)