(A) Any person proposing a use of the public rights-of-way for a purpose specifically authorized by an existing agreement or franchise between such person and the city that is in full force and effect on the effective date of this chapter shall not be subject to § 12.32.030 to the extent such use is authorized by the existing agreement or franchise until such time as the existing agreement or franchise expires or is terminated. If an existing agreement or franchise for use of the public rights-of-way contains within it a provision for the renewal or extension of the agreement or franchise, then renewal or extension shall be negotiated and executed pursuant to the terms of this chapter.
(B) Any person proposing to place, construct, own, control, operate, manage or use a facility in the public rights-of-way shall not be subject to § 12.32.030 if the Director of Public Works determines in writing that the facility:
(1) Is an insignificant impact, encroachment or use of the public rights-of-way; and
(2) Does not inconvenience or jeopardize the public’s continued use of the public rights-of-way.
(C) Facilities temporarily placed in the public rights-of-way for a period not to exceed one year when such facilities have been otherwise approved by the Director of Public Works shall not be subject to § 12.32.030.
(D) Facilities placed in the public rights-of-way in accordance with a cable television franchise agreement or an open video system franchise agreement authorized and approved by the city under Chapter 5.14 of this code are exempt from the requirements of § 12.32.030 of this chapter.
(`78 Code, § 12.32.040.) (Ord. 2584, § 2, 2002; Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)