(a) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider with Facilities in the Rights-of-Way.
(b) Exemption for Village-Owned or Operated Facilities. Except as otherwise required by law, nothing in this Chapter shall be construed to apply the provisions of this Chapter to Facilities owned or operated by the Village or any of its operations.
(c) Private Facilities. Persons who wish to use the Right-of-Way of the Village for Facilities that provide service not available to the general public shall obtain consent from the Village pursuant to Section 905.02, register pursuant to Section 999.03, obtain a Construction Permit (if applicable) pursuant to Section 905.07 and comply with all provisions of this Chapter.
(d) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this Chapter and any other section of the Village's Codified Ordinances, the provisions of this Chapter shall apply.
(e) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, that decision shall not affect the validity of the remaining portions hereof.
(Ord. 2019-48. Passed 11-13-19.)