(A) Definitions. For the purpose of this section only, the following definitions apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL UTILITY EQUIPMENT, FACILITIES AND APPURTENANCE. Any tangible asset which is owned, controlled or leased by the city and which is required to provide utility services.
OBSTRUCTION. Any tangible asset, whether organic or inorganic, above ground or below ground and real, personal or mixed; which is located in a public right-of-way owned, controlled or leased by the city; which has not been approved by the city; and which includes, but is not limited to, trees, shrubs, gardens, lawn ornaments and landscaping; underground cables, pipes, waterlines, electrical lines and sprinkler systems; and above-ground structures such as buildings, sidewalks, driveways and fences.
(B) Damage to municipal utility equipment. It is unlawful for any person to intentionally cause damage to any municipal utility equipment, facilities or appurtenance, including, but not limited to, meters, street lights, water hydrants and curb cocks. Anyone intentionally causing damage shall pay the reasonable value thereof to the city, including labor for replacement and installation of any such equipment, facilities or appurtenances, and shall also be subject the penalties set forth in § 10.99.
(C) Damage to obstruction. When the city does work in a public right-of-way and finds it necessary to damage, dismantle or remove an obstruction, the costs associated therewith will be billed to that obstruction’s owner and must be paid within 30 days from the date of billing. Any obstruction, including, but not limited to, water sprinkling systems, located in the public right-of-way shall be the sole responsibility of the obstruction’s owner, and the city shall not be responsible in any way for maintenance of or damage to the obstruction.
(Prior Code, § 3.05) (Ord. 306, Third Series, effective 6-25-2009) Penalty, see § 10.99