8-7-17: NONEXCLUSIVE USE; LIMITATIONS:
   A.   Any right of way use permit granted under this chapter shall be for the nonexclusive use of the public rights of way. By issuing a particular right of way use permit, the city does not agree to restrict the number of right of way use permits to be granted that cover all or any part of the city for any person in the same business, a competing business, or a related business as the permittee.
   B.   A right of way use permit only authorizes permittee to use the public rights of way specified in the permit, and the use of any other public property, whether located within or outside a public right of way, is strictly prohibited unless authorized by a separate agreement with the city.
   C.   Any privilege claimed by permittee in any public right of way shall be subordinate to the rights of the general public to use the public right of way and to any prior lawful occupancy of the public right of way.
   D.   Permittee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this chapter, or of any right of way use permit granted under this chapter, or because of the enforcement of such provisions. (Ord. 05-O-2462, eff. 3-18-2005)