[HISTORY: Adopted by the Village Board of the Village of Osceola 11-9-1994 by Ord. No. 6-94. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings specified below:
- Any device which is used to transmit or receive signals sent through the airways.
- BUSINESS USER
- Any person or other entity using the airways to send and receive signals principally for operation or enhancement of his, her or its business.
- POLE or TOWER
- Any structure or device which is man made and extends upward from the ground.
- RECREATIONAL USER
- Any person or entity other than a reseller or business user.
- Any person or other entity who or which transmits signals through the airways for the purpose of generating revenue from such activities.
No antenna shall be attached to a village-owned pole or tower without first applying for and receiving a license from the village.
License fees shall be as follows:
Reseller. The license shall be negotiated with the reseller and take into account the kinds and amount of use the reseller anticipates and the revenue generated.
Business user. The fee shall be as set by resolution of the Village Board from time to time, plus any costs incurred by the village in the installation process.
Recreational user. Licensing is not permitted.
The license must be reviewed by the Board every fifth year and may, at the request of the President or a Trustee, be reviewed prior to any renewal.
The licensee agrees to indemnify the village from any claim arising as a result of the licensee's antenna being on village property.
The licensee must maintain a minimum of $1,000,000 liability coverage with regard to the antenna.
The Village of Osceola must be named as other insured with regard to the antenna.
Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.