To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city enacts this subchapter relating to right-of-way permits and administration.
(A) This subchapter:
(1) Imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time;
(2) Is intended to complement the regulatory roles of state and federal agencies; and
(3) Provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
(B) Under this subchapter persons excavating and obstructing the rights-of-way will bear financial responsibility for their work.
(C) This subchapter:
(1) Shall be interpreted consistently with M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the city and users of the right-of-way;
(2) Shall be interpreted consistent with Minn. Rules parts 7819.0050 through 7819.9950 where possible; and
(3) Shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.
(D) To the extent any provision of this subchapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended.
(Ord. 85, 6th Series, passed 3-3-2015)