(a) The purpose of this chapter is to provide requirements for the use or occupation of any and all rights of way in the Municipality, the issuance of permits to persons for such use or occupancy and to set forth the policies of the Municipality related thereto.
(b) This chapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each permittee shall obtain any and all such additional franchises, licenses or permits necessary to the operation and conduct of its business.
(c) The Director of Service (hereinafter Director) is hereby granted the authority and duty of enforcing the provisions of this chapter.
(d) No person shall use, occupy, own or operate facilities in, under or over any rights of way or any public property within the Municipality unless such person first obtains a permit and conforms to the requirements set forth therein and in this chapter; provided, however, that permits shall not be required for residential related purposes.
(e) The policy of the Municipality with regard to rights of way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of right of way for the public health, safety and welfare and to promote economic development in the Municipality;
(3) To promote the availability of a wide range of utility, communication and other services, including the rapid deployment of new technologies and innovative services, to the Municipality's citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the Municipality and permittee in the occupation of rights of way, and work therein, in order to minimize public inconvenience during right of way work, and uneconomic, unneeded and unsightly duplication of facilities;
(5) To ensure adequate public compensation for private use of the right of way and the regulations thereof; and
(6) To promote and require reasonable accommodation of all uses of rights of way and to establish the following priority of use of rights of way, when all requested usage of rights of way by permittee cannot be accommodated:
A. First priority: use by the Municipality;
B. Second priority: use by another governmental entity with Municipality's concurrence or other uses required by law;
C. Third priority: franchise permittee shall have third priority;
D. Fourth priority: general permittee shall have fourth priority;
E. Fifth priority: special permittee shall have fifth priority; provided, however, that the Director may reasonably require right of way permittee to cooperate to accommodate use by other permittee and provided further that the Director may alter this priority when the Director reasonably determines a deviation herefrom to be in the public interest.
F. To protect the value of private property by setting minimum aesthetic standards for uses of public property.
(7) To protect the value of private property by setting minimum aesthetic standards for uses of public property.
(f) Nothing in this chapter shall be construed to limit the Municipality's use of facilities owned, controlled, or operated by the Municipality or any of its operations.
(g) Unless otherwise specifically stated in a permit or in a franchise, all permits granted hereunder shall be non exclusive.
(Ord. 18-02. Passed 4-23-02.)