(A) No person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the city unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter; provided, however, that right-of-way permits shall not be required for the following uses:
(1) Newspaper stands;
(2) Carts;
(3) Sidewalk cafes;
(4) Parking lots; and so long as, in the opinion of the City Manager, that such use:
(a) Has received or will receive all other necessary permits;
(b) Is not inconsistent with policy of the city;
(c) Does not adversely affect the public health, safety or welfare; and
(d) Does not materially interfere with other lawful uses of the right-of-way.
The City Manager may adopt administrative regulations controlling and further defining residential purposes and to otherwise implement the determinations to be made under this section.
(B) The following types of right-of-way permits are available:
(1) General right-of-way permit. Right-of-way permit granted to persons who desire and are granted authority to utilize rights-of-way generally, except that the permit shall not permit the holder to use Dublink Area until such time as the administrative regulations are promulgated and effective pursuant to § 98.10 and, provided, however, that nothing in this chapter or in any general right-of-way permit shall be construed to authorize the permittee to provide any utility, cable television, communications or other services for which the city may lawfully require a service agreement should the city determine to require the same; and
(2) Special right-of-way permit. Right-of-way permit granted to a person for a specific, limited use, including but not limited to residential purposes, of the rights-of-way or a specific portion thereof.
(3) Utility permit. Right-of-way permit granted to a person who is a traditional monopoly provider of essential services, who possesses a valid operating agreement and who desire and are granted authority to utilize rights-of-way generally. As of the date of this chapter, gas, electric, water and sewer are such utilities. The City Manager may adopt regulations controlling and defining "traditional monopoly provider of essential services". A utility permittee may be granted a waiver of some or all the requirements by this chapter at the discretion of the City Manager.
(C) Any such right-of-way permit may also allow the use of specified public property for the uses set forth in the right-of-way permit and in this chapter.
(D) Each right-of-way permit shall specify the use or uses for which it is granted and contain such other non-discriminatory terms and conditions as are appropriate and as are set forth in the service agreement.
(E) Right-of-way permits or the rights of a permittee thereunder are not transferable without the prior express written approval of the City Manager upon a showing that the recipient has the financial, technical and managerial resources to comply with the obligations of this chapter and its right-of-way permit. The City Manager may adopt administrative regulations providing procedures for transfer of right-of-way permits.
(F) No person shall be authorized to occupy the Dublink Area, except as follows:
(1) A person/provider who acquires a general or utility permit under the terms of this chapter, who has existing facilities in the Dublink Area on the effective date of this chapter shall be permitted to continue to keep said existing facilities in the Dublink Area. Any additional facility requirements will be in accordance with the administrative regulations promulgated by the City Manager.
(2) A valid holder of a special right-of-way permit.
(3) A valid holder of a general or utility permit subject to the administrative regulations promulgated by the City Manager.
(Ord. 152-97, passed 12-15-97) Penalty, see § 98.99