(a) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this chapter shall apply and be controlling over each Service Provider engaged in the business of transmitting, supplying or furnishing of Services originating, passing through, or terminating in the City.
(b) Compliance with Other Applicable City Code Provisions. Except as expressly provided in this chapter, a Service Provider registered to Occupy and Use the Public Right-of-Way under this chapter is not relieved of any obligation to obtain a franchise, license, encroachment permit, street opening permit or other permit which may be additionally required by the City under law, including any required by the following sections and chapters of the Codified Ordinances:
(1) Section 411.011 relating to street obstruction permits;
(2) Chapter 503 relating to street openings and maintenance;
(4) Section 507.06 relating to sidewalk obstruction permits;
(5) Chapter 523 relating to electrical poles;
(6) Chapter 670B relating to pay telephones;
(7) Chapter 3105 relating to building permits;
(8) Chapter 3109 relating to encroachments.
(c) Compliance with Other Laws. Nothing in this chapter shall relieve a Service Provider from its obligation to comply with all applicable federal, State and City laws, including the obligation to obtain any and all applicable licenses, permits or other authorizations necessary to the operation and conduct of its business or the occupation or use of the Public Right-of-Way. In the event that a Service Provider believes that a conflict exists between the provisions of this chapter and other provisions contained in the Codified Ordinances, the Service Provider should request a clarification of the applicable provision from the City’s Director of Law. Should there be a direct conflict between the provisions in this chapter and the provisions contained in a Franchise Ordinance or Agreement, the provisions of the Franchise Ordinance or Agreement shall prevail; provided, however, that additional obligations shall not be construed as a conflict.
(d) Director’s Rules and Regulations. The Director is charged with the enforcement of the provisions of this chapter and is hereby authorized to adopt, promulgate and enforce Rules and Regulations relating to any matter or thing pertaining to the registration of Service Providers and the administration and enforcement of the provisions of this chapter. Rules and Regulations promulgated by the Director shall become effective upon publication in the City Record. Failure or refusal to comply with any Rules and Regulations promulgated by the Director shall be deemed a violation of this chapter.
(e) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any Person or Service Provider, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions of this chapter.
(Ord. No. 1242-A-07. Passed 10-8-07, eff. 10-11-07)