A. The city has jurisdiction and exercises regulatory management over all public rights of way within the city under authority of the city charter and state law.
B. Public rights of way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including the subsurface under, and air space over, these areas.
C. The city has jurisdiction and exercises regulatory management over each public right of way whether the city has a fee, easement, or other legal interest in the right of way. The city has jurisdiction and regulatory management of each right of way whether the legal interest in the right of way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
D. No person may occupy or encroach on a public right of way without the permission of the city. The city grants permission to use rights of way by franchises and permits.
E. The exercise of jurisdiction and regulatory management of a public right of way by the city is not official acceptance of the right of way, and does not obligate the city to maintain or repair any part of the right of way.
F. The city retains the right and privilege to cut or move any telecommunications facilities located within the public rights of way of the city, as the city may determine to be necessary, appropriate or useful in response to a public health or safety emergency. (Ord. 00-590, 3-14-2000)