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Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this subchapter shall not affect any existing rights that a telecommunications provider or the village may have under a permit issued by the village or under a contract between the village and a telecommunications provider related to the use of the public rights-of-way.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
The village hereby declares that its policy and intent in adopting this section is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The village shall comply in all respects with the requirements of the Act, including but not limited to the following:
(A) Exempting certain route maps from the Freedom of Information of Act, 1976 PA 442, M.C.L.A. §§15.231 and 215.246, as provided in § 111.03(C);
(B) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with § 111.03(F);
(C) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with § 111.03(G);
(D) Approving or denying an application for a permit within 45 days from the date a telecommunication provider files an application for a permit for access to and usage of a public right-of-way within the village, in accordance with § 111.04(A);
(E) Notifying the MPSC when the village has granted or denied a permit, in accordance with § 111.04(A);
(F) Not unreasonably denying an application for a permit, in accordance with § 111.04(A);
(G) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in § 111.04(B);
(H) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and usage of the public right-of-way, in accordance with § 111.04(C);
(I) Not requiring a bond of a telecommunication provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with § 111.04(D);
(J) Not charging any telecommunication providers any additional fees for construction or engineering permits, in accordance with § 111.05;
(K) Providing each telecommunication provider affected by the village's right-of-way fees with a copy of this subchapter, in accordance with § 111.10;
(L) Submitting an annual report to the Authority, in accordance with § 111.13; and
(M) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with § 111.14.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
Pursuant to Section 15(2) of the Act, this subchapter shall not limit the village's right to review and approve a telecommunication provider's access to an ongoing use of a public right-of-way or limit the village's authority to ensure and protect the health, safety, and welfare of the public.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
The Village Council or his or her designee is hereby designated as the authorized village officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the municipal chapter violations bureau) for violations under the subchapter as provided by the village code.
(Ord. 41, passed 11-8-02) Penalty, see § 111.99
A person who violates any provision of this chapter or the terms or conditions of a permit is responsible for a municipal civil infraction. A violation of this chapter shall be a violation of the village code. Nothing in this section shall be construed to limit the remedies available to the village in the event of a violation by a person of this chapter or a permit.
(Ord. 41, passed 11-8-02)