(a) Administration. The City Manager shall be the principal City official responsible for the administration of this chapter except as otherwise provided herein. The City Manager may delegate any or all of the duties hereunder to the Director of Public Works or other designee.
(b) Rights-of-Way Occupancy. Each person who occupies, uses, or seeks to occupy or use the rights-of-way to operate a system located in the rights-of-way, or who has or seeks to have, a system located in any rights-of-way, shall apply for and obtain a certificate of registration pursuant to this chapter. Any person owning, operating or maintaining a system without a certificate of registration, including persons operating under a permit, license or franchise issued by the City prior to the effective date of this chapter, shall apply for and obtain a certificate of registration from the City within ninety days of the effective date of this chapter unless exempted by subsection (d) hereof. Applications will consist of providing the application information set forth in Section 1080.06
et seq. and as reasonably required by the Director of Public Works.
(c) No Construction Without Certificate of Registration. Following the effective date of this chapter, no person shall construct or perform any work on or in, use any system or any part thereof located on or in, any rights-of-way without first obtaining a certificate of registration unless otherwise exempted pursuant to subsection (d) hereof. For the purposes of this section only, a person with a system in place at the time of the effective date of this chapter shall not be considered immediately in violation of this section, but shall have up to six months from the effective date of this chapter to obtain a certificate of registration.
(d) Exceptions. The following entities are not obligated to obtain a certificate of registration: the City; the county; cable television operators, for the occupancy or use of the public way related to the provision of any services provided by cable operator and operating pursuant to a valid cable television franchise to the extent that franchise fees are being paid for such services; resellers of services that do not own any system or facilities in the rights-of-way; RTA for purposes of public transportation; persons who own or install facilities in the rights-of-way, but not for the purpose of having or creating a system or providing service; and other governmental entities or charitable organizations recognized by the City, to the extent such entities are not competing with providers. Such entities shall be required to pay to the City fees pursuant to Section 1080.08(a) unless exempted by the City Manager. Cable operators shall be provided a credit, offset or deduction against any public way fee or like charge for all such payments and the retail value of any free service or other non-monetary compensation.
(e) Systems in Place Without a Certificate of Registration. Beginning one year after the effective date of this chapter, any system or part of a system found in a rights-of-way for which a certificate of registration has not been obtained shall be deemed to be a nuisance and an unauthorized use of the rights-of-way. The City may exercise any remedies or rights under the law, including, but not limited to abating the nuisance; taking possession of the facilities and/or non-complying portion of such system; and/or prosecuting the violator.
(f) Future Uses. In allowing facilities to be placed in the rights-of-way, the City is not liable for any damages caused thereby to any provider's facilities that are already in place. No provider is entitled to rely on the provisions of this chapter as creating a special duty to any provider.
(g) Federal Preemption of Interstate Natural Gas Pipelines. An operator of a pipeline that engages in the interstate transmission and sale of gas shall be exempt from Sections 1080.02(e), 1080.06(e)(3), and 1080.06(e)(4) due to Federal preemption.
(Ord. 12-03. Passed 5-19-03; Ord. 04-22. Passed 3-21-22.)