(A) The city has jurisdiction and exercises regulatory management over all public rights-of- way within the city and authority of the city charter, ordinances, and state law.
(B) The city has jurisdiction and exercises regulatory management over public rights-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory management of each public right-of-way whether the legal interest in the public right-of- way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means in accordance with applicable law.
(C) No person shall occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use public rights-of-way by franchises, licenses and permits.
(D) The exercise of jurisdiction and regulatory management of a right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way.
(E) As the city may determine to be necessary, appropriate or useful in response to a public health or safety emergency, the city has the right and privilege to immediately require the person responsible, at its own expense, to move or otherwise adjust its facilities located within the public rights- of-way, or, upon consultation with the utility, the city may with its own forces move or otherwise adjust such facilities, at the responsible person's expense.
(Ord. 435, passed 11-10-2014)