A.   Public Works Inspector To Approve Construction: No person, firm, corporation or public entity shall construct any structure, system or facility within the rights of way of any city owned street without first receiving approval of the public works inspector and obtaining a permit therefor. This provision does not apply to maintenance of or service connections to existing utilities or to utilities to be installed in an approved subdivision.
   B.   Procedures For Approval: Anyone desiring to place or construct part or all of any system, facility or structure within the rights of way of any city owned street shall make application to the public works inspector on forms provided by the city. The application shall be accompanied by detailed plans identifying the purpose and showing the location of any features of the project proposed to be placed within the right of way area.
   C.   Authorization: If, in the opinion of the public works inspector, placement of such facilities or systems is in the best interest of the city and will be constructed and maintained without impairment to the health and safety and general welfare of the city residents, the public works inspector may authorize such construction subject to any conditions which he deems necessary to mitigate any adverse effects of such construction and ensure a permit therefor.
   D.   Existing Franchise Agreements: All approvals shall be consistent with any existing franchise agreements.
   E.   Penalty: Violation of this section shall be considered as class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1990 Code § 12.04.130; amd. 2003 Code)