1149.02 PURPOSE AND SCOPE OF CHAPTER.

   (a)   The purpose of this chapter is to provide for the regulation of the use or occupation of all Rights-Of-Way in the City, the issuance of Right-Of-Way Permits to persons for such use or occupancy, and to set forth the policies of the City related thereto.

   (b)   A Right-Of-Way Occupancy Permit issued pursuant to this chapter does not take the place of any franchise, license, or permit which may be additionally required by law, including any required by City ordinance. A Right-Of-Way Occupancy Permit issued pursuant to this chapter also does not grant pole attachment rights or preclude the need to enter into a public and/or private pole attachment agreements. Each Permittee shall obtain any and all such additional state, federal or City franchises, licenses or permits necessary to the operation and conduct of its business or the occupation or use of any Right-Of-Way; provided, however, that no Permittee holding a valid Right-Of-Way Permit shall be required to obtain a franchise for any type of services rendered by said Permittee for which the City did not require a franchise at the time said Permittee's permit was last issued or renewed. Should there be a direct conflict between the provisions of this chapter and a valid franchise, the provisions of the franchise shall prevail; provided, however, that additional obligations shall not be construed as a conflict.

   (c)   The Mayor, or designee, is hereby directed and empowered to enforce the provisions of this chapter.

   (d)   The City's policy regarding Rights-Of-Way is:

      (1)   To promote the utilization of Rights-Of-Way for the public health, safety and welfare and to promote economic development in the City;

      (2)   To promote the availability of a wide range of utility, telecommunication and other services, including the rapid deployment of new technologies and innovative services to the City's residents and taxpayers at reasonable costs;

      (3)   To promote cooperation among the Permittees and the City in the occupation of Rights-Of-Way, and work therein, in order to minimize public inconvenience during Right-Of-Way work, and eliminate wasteful, unnecessary or unsightly duplication of Facilities;

      (4)   To promote public safety and protect public property;

      (5)   To ensure adequate public reimbursement of costs the City has incurred for private use of the Rights-Of-Way, including the regulation thereof;

      (6)   To promote and require reasonable accommodation of all uses of Rights-Of-Way, and when all requests for Right-Of-Way use cannot be accomplished, to give priority for use of Rights-Of-Way, in the order indicated, from highest to lowest, to the following users:    

         A.   The City for governmental purposes;

         B.   Another governmental entity for governmental purposes with the City's concurrence, or other governmental use required by law;

         C.   General Right-Of-Way Occupancy Permittees and proprietary uses by the City;

      (7)   To assure that Applicants have the financial, technical and managerial resources to comply with this chapter and the provisions of any Right-Of-Way Occupancy Permit issued hereunder; for purposes of this chapter, an Applicant possessing valid certification from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq., and is recognized on the rolls of the Public Utilities Commission of Ohio as a regulated utility or of a Cable Operator possessing a valid franchise awarded pursuant to the Cable Communications Policy Act of 1984, for the services to be provided by the Facilities subject to this chapter shall be presumed to possess the requisite financial, technical and managerial resources.

      (8)   To ensure that access to and occupancy or use of the public Right-Of-Way advances the state of Ohio policies specified in sections 4927.02, 4928.02, and 4929.02 of the Ohio Revised Code.

      (9)   To expedite the installation and operation of Micro and smaller Wireless Facilities in order to facilitate the deployment of advanced Wireless Service throughout the state of Ohio.

   (e)   All Right-Of-Way Occupancy Permits granted hereunder shall be non-exclusive and no property right of any nature shall be created by the granting of a permit under this chapter.

   (f)   This chapter does not apply, and nothing herein should be construed to apply the provisions of this Chapter, to structures or Facilities owned or operated by the City or any City operations that occupy or use the Rights-Of-Way. It is specifically contemplated, however, that all City departments or divisions that utilize the Rights-Of-Way shall carry out their operations in a manner consistent with the policy set forth in this Chapter, including participation and cooperation in all joint planning hereunder and identification of structures and Facilities located in the Rights-Of-Way. (Ord. 11-22. Passed 2-7-22.)