(A) Mandatory denial. Except in an emergency, no right-of-way permit will be issued:
(1) To any person who is disqualified from the further performance of right-of-way work and/or restoration work;
(2) To any person who has outstanding debt owed to the city such as penalties, unpaid permit or other fees;
(3) To any person as to whom there exists grounds for the revocation of a permit; or
(4) If the issuance of a permit for the particular date and/or time would cause a conflict or interfere with an exhibition, celebration, festival, or any other event. The city’s determination shall consider the safety and convenience of ordinary travel of the public over the right-of-way, and by considerations relating to the public health, safety and welfare.
(B) Permissive denial. The Engineering Department may deny a permit in order to protect the public health, safety and welfare; to prevent interference with the safety and convenience of ordinary travel over the right-of-way; or when necessary to protect the right-of-way and its users. In determining to deny a permit, the Engineering Department may consider one or more of the following factors: the extent to which right-of-way space where the permit is sought is available; the competing demands for the particular space in the right-of-way; the availability of other locations in the right-of-way or in other right-of-way for the equipment of the particular company; the applicability of other regulations of the right-of-way that affect location of equipment in the right-of-way; the degree of compliance of the applicant with the terms and conditions of its franchise or license, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-way; the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and the balancing of the costs of disruption to the public and damage to the right-of-way against the benefits to that part of the public served by the expansion into additional parts of the right-of-way.
(Ord. 2720, passed 2-28-2023)