A. Required Permits: Except as otherwise provided by City ordinance, no person may obstruct or excavate or collocate or install or place a wireless support structure in any right-of- way without first having obtained the appropriate right-of-way permit from the City to do so. The following permits may be required:
1. Excavation Permit: An excavation permit is required to allow the holder to excavate that part of the right-of-way described in such permit and/or to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the duration specified therein.
2. Obstruction Permit: An obstruction permit is required to allow the holder to hinder free and open passage over the specified portion of the right-of-way for activities not associated with an excavation permit by placing materials, equipment, vehicles, or other obstructions described therein on the right-of-way for the duration specified therein. This permit will be issued at the Administrator's discretion and will be denied if a reasonable alternative to the obstruction is available.
3. Small Wireless Facility Permit: A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.
B. Exemptions From Permits:
1. Plantings Within Right-Of-Way: Nothing herein shall be construed to prevent persons from planting or maintaining boulevard grasses, flowers, and/or other garden plants, but not woody shrubs or trees, in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, these plantings are subject to disturbance or damage by City operations or permitted users. Required restoration in these cases will consist only of boulevard grade turf grasses. Persons planting or maintaining vegetation in the right-of-way will not be compensated for damaged plantings or vegetation. Excavations for plantings deeper than twelve inches (12") are subject to the permit requirements of subsection A of this section.
2. Irrigation And Pet Containment Facilities: Nothing herein shall be construed to prevent owners of a Residential or Commercially zoned parcel from placing irrigation lines or pet containment wires in easements in favor of the City and located on their own property within twelve inches (12") of the surface, provided all other applicable regulations are met. The City and other permitted users will not be responsible for the location, protection, repair or replacement of facilities if City work is performed in the easement. No irrigation or pet containment facilities are allowed in any City owned right-of-way unless a permit is obtained under this chapter.
3. Mailboxes: Nothing herein shall be construed to prevent persons from locating a mailbox for the use of receiving mail from the United States Postal Service or a newspaper delivery in the area of the right-of-way between their property and the street curb, provided it meets the mailbox guidelines of the United States Postal Service. (Ord. 186, 4-11-2019; amd. Ord. 227, 1-28-2021)