§ 90.05 REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
   (A)   Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information.
   (B)   Registration prior to work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the city.
   (C)   Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to:
      (1)   Plant or maintain boulevard plantings or gardens 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, nothing herein relieves a person from complying with the nuisance provisions of the Hutchinson City Code or M.S. Ch. 216D, Gopher One Call Law.
      (2)   Enter into a franchise agreement with the city.
(Ord. 18-0783, passed 6-26-2018; Ord. 19-796, passed 3-26-2019)