The Public Works Superintendent may deny a permit in order to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the rights- of-way, or when necessary to protect the rights-of- way and its users. The Public Works Superintendent, in his or her discretion, may consider one or more of the following factors: the extent to which rights-of-way space where the permit is sought is available; the competing demands for the particular space in the rights-of- way; the availability of other locations in the rights- of-way or in other rights-of-way for the proposed facilities; the applicability of this chapter or other regulations of the rights-of-way that affect location of facilities in the rights-of-way; the degree of compliance of the provider with the terms and conditions of this chapter and its requirements, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the rights-of-way; the condition and age of the rights-of-way, and whether and when it is scheduled for total or partial re-construction; the balancing of the costs of disruption to the public and damage to the rights-of-way, against the benefits to that part of the public served by the expansion into additional parts of the rights-of-way; and whether such applicant or their agent has failed within the past three years to comply, or is presently not in full compliance, with the requirements of this chapter or, if applicable, any other chapters of the Codified Ordinances, or any other applicable law.
(Ord. 03-02, passed 2-25-02; Am. Ord. 06-18, passed 9-24-18)