1149.26 UNAUTHORIZED USE OF RIGHT-OF-WAY.

   (a)   No Person shall use the Right-Of-Way to operate any Facility that has not been authorized by the City in accordance with the terms of Chapter 1149 and been issued a Right-Of-Way Occupancy Permit.

   (b)   No Person shall place or have placed any Facilities in, on, above, within, over, below, under, or through the Right-Of-Way, unless allowed under Chapter 1149 or having been issued a Right-Of-Way Occupancy Permit.

   (c)   Each and every unauthorized use shall be deemed to be a violation and a distinct and separate offense. Each and every day any violation of Chapter 1149 continues shall constitute a distinct and separate offense.

   (d)   No Person shall fail to comply with the provisions of Chapter 1149. Each and every failure to comply shall be deemed a distinct and separate offense. Each and every day any violation of Chapter 1149 continues shall constitute a distinct and separate offense.

   (e)   The violation of any provision of Chapter 1149 shall be unlawful and a misdemeanor offense. The penalty for any violation of Chapter 1149 shall be as provided in Section 1149.99.

   (f)   The Permittee shall not be relieved of its obligation to comply with any of the provisions of its Right-Of-Way Occupancy Permit or this chapter by reason of any failure of the City to enforce prompt compliance.

(Ord. 11-22. Passed 2-7-22.)