§ 1054.26 UNAUTHORIZED USE OF RIGHT-OF-WAY.
   (a)   No person shall use the right-of-way to operate any facility that has not been authorized by the city in accordance with the terms of this chapter and been issued a right-of-way occupancy permit.
   (b)   No person shall place or have placed any facilities in, on, above, within, over, below, under, or through the right-of-way, unless allowed under this chapter or having been issued a right-of- way occupancy permit.
   (c)   Each and every unauthorized use shall be deemed to be a violation and a distinct and separate offense. Each and every day any violation of this chapter continues shall constitute a distinct and separate offense.
   (d)   No person shall fail to comply with the provisions of this chapter. Each and every failure to comply shall be deemed a distinct and separate offense. Each and every day any violation of this chapter continues shall constitute a distinct and separate offense.
   (e)   The violation of any provision of this chapter shall be unlawful and a misdemeanor offense. The penalty for any violation of this chapter shall be as provided in § 1054.99.
   (f)   The permittee shall not be relieved of its obligation to comply with any of the provisions of its right-of-way occupancy permit or this chapter by reason of any failure of the city to enforce prompt compliance.
(Ord. 14-2018, passed 9-4-2018)