(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 permit issued pursuant to this chapter does not take the place of any service agreement, franchise, license, or permit, which may be additionally required by law. 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.
(c) The Mayor and the Director of Public Service and his/her designee are hereby directed and empowered to enforce the provisions of this chapter.
(d) This chapter seeks to advance the following objectives and policies of the City regarding the use and occupancy of public rights-of-way:
(1) Manage the public ways with regard to service providers and services;
(2) Establish clear local guidelines and time frames for the exercise of local authority with respect to the regulation of service providers using the City's public ways;
(3) Permit and manage reasonable access to the public ways of the City for utility, cable television, and telecommunications service purposes on a competitively neutral basis;
(4) Conserve the limited physical capacity of the public ways held in trust by the City;
(5) Assure that all persons that use or occupy the public right-of-way comply with the ordinances, rules and regulations of the City;
(6) Promote cooperation among telecommunications service providers and the City to minimize public inconvenience during right-of-way work and disruption of public property; and ensure safe and efficient use of the City's streets, rights-of-way, and easements;
(7) To protect the public health, safety and welfare and ensure that the right-of-way is not used in any manner that may impair public safety or the legal use of the right-of-way by the City, the traveling public, or other public utilities;
(8) To ensure that the use of the public right-of-way benefits the City, the residents and businesses of the City, and the entire community as a whole; and
(9) To ensure that applicants have the financial, technical and managerial resources to comply with this Chapter and the provisions of any right-of-way permit issued hereunder.
(e) 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.
(f) This chapter only applies to the use of the public right-of-way and does not apply to any wireless telecommunication facilities that are located outside of the public right-of-way, which must satisfy the requirements set forth in Chapter 1482 of the Fairlawn Codified Ordinances.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)