(A) A permittee shall not install, construct, maintain, repair, or operate a system within the public rights-of-way or within any public place under the control and jurisdiction of the village without authorization issued pursuant to this chapter. These persons and entities shall include those persons or entities required to obtain the consent of the village to use the public rights-of-way pursuant to Article VII, § 29 of the Michigan Constitution of 1963; Metropolitan Extension Telecommunications Rights-of-Way Act, Public Act 48 of 2002, being M.C.L.A. §§ 484.1301 et seq. or other federal or state statutes, rules, or regulations and shall include, by way of illustration and not limitation, providers of electricity, gas, telephone, telegraph, cable service (television), potable water, storm and sanitary sewers, other than owned or managed by the village.
(C) For purposes of this chapter, a person or entity is using the public rights-of-way if facilities in the public rights-of-way are used by the person or entity and federal, state, or local law requires that person or entity to obtain the consent of the village to conduct or transact business in the village.
(D) For purposes of this chapter, a person or entity is using the public rights-of-way whether the person owns the facilities in the public rights-of-way outright or obtains the use of the facilities from a third party under lease, contract, or other arrangement.
(Ord. 236, passed 4-17-2000) Penalty, see § 158.99