(1) As used in this section, unless the context otherwise requires: (a) "Height" means the distance from the original grade at the base of a tower to the highest point of the tower. (b) "Tower" means a structure that is either self-standing or supported by guy wires and ground anchors, is smaller than six feet in diameter at the base, and has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted. "Tower" does not include a structure that is located adjacent to a building, house, barn, or electric utility substation or in the curtilage of a farmstead. (2) Where the appearance of a tower is not otherwise governed by state or federal law, rule, or regulation, any tower over fifty feet in height that is located outside the boundaries of an incorporated city or town on land that is primarily rural or undeveloped or used for agricultural purposes must be marked and painted or otherwise constructed to be visible in clear air during daylight hours from a distance of not less than two thousand feet. Towers must also comply with the following additional requirements: (a) A tower must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower; (b) One marker ball must be attached to the top third of each outside guy wire; and (c) Guy wires must have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point. (3) Any tower that was erected prior to August 6, 2014, must be marked as required by the provisions of this section within one year of August 6, 2014. Any tower that is erected on or after August 6, 2014, must be marked as required by this section at the time it is erected. (4) (a) This section does not apply to: (I) Towers or poles that support electric utility transmission lines or distribution lines; (II) Facilities licensed by the federal communications commission or any structure with the primary purpose of supporting telecommunications equipment, including microwave relay facilities and towers erected for the purpose of providing commercial mobile radio service or commercial mobile data service as defined in 47 CFR 20.3; (III) Towers within a ski area boundary; (IV) Wind-powered electrical generators with a rotor blade radius greater than six feet; or (V) Street lights erected or maintained by the department of transportation. (b) Notwithstanding paragraph (a) of this subsection (4), this section applies to towers or poles with a primary purpose of providing private mobile radio services other than commercial mobile data service as defined in 47 CFR 20.3. (5) Any person who violates a provision of this section and a collision with the tower at issue results in the injury or death of another person is guilty of a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501. Any person who violates a provision of this section and the violation does not result in the injury or death of another person commits a civil infraction.
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