(A) Except as herein provided, no person, firm, corporation, or association shall erect, place, use, or maintain any structure or facility of any kind in, upon, beneath, above, or over any right-of-way of any public street or any public way within the town without the express written consent of the Town Council, or its duly appointed agent for granting the consent.
(B) The provisions of this section shall not apply to the following:
(1) Erecting, placing, or maintaining any canopy, sign, or signboard above or over any sidewalk located upon any portion of any public street, public way, or right-of-way within the town, so long as the canopy, sign, or signboard does not inconvenience or interfere with the users of the sidewalk; and/or
(2) Using, maintaining, or replacing any of the following located in, upon, beneath, above, or over any right-of-way of any public street or any public way in the town:
(a) Electric utility poles, electric transmission lines, or their appurtenances;
(b) Any water distribution pipelines;
(c) Any natural gas distribution pipelines;
(d) Any telephone utility poles, telephone lines, or their appurtenances; and/or
(e) Any storm, sanitary, or combination sewer collection or transmission pipeline.
(C) The town may enforce the provisions of this section by all legal remedies, including, but not limited to, the use of a mandatory injunction to require the abatement of the conditions in violation of this section. In all actions brought by the town to enforce the provisions of this section, the town shall be entitled to recover all its costs of the litigation, including a reasonable attorney’s fee.
(2011 Code, § 150.01) (Ord. 1993-3, passed 7-12-1993) Penalty, see § 10.99