(a) Non-exclusive remedy. The remedies provided in this Code are not exclusive or in lieu of other rights and remedies that the city may have at law or in equity. The city may seek legal and equitable relief for actual or threatened injury to the right-of-way, including damages to the right-of-way.
(b) Reservation of regulatory and police powers. The city, by the granting of a permit, or by registering a person under § 96.237(b), does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights which it has now or may be hereafter vested in the city under the Constitution and statutes of the state and under the city charter to regulate the use of the right-of-way by the permittee. The permittee by its acceptance of a right-of-way permit, or registrant by registration under § 96.237(b), must agree that all lawful powers and rights, regulatory power, police power, or otherwise as are or the same may be from time to time vested in or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general laws and ordinances enacted by the city pursuant to those powers.
(c) No lessening of responsibility. This subchapter shall not be construed to relieve from or lessen the responsibility of any registrant for damages to persons or property caused by defects, nor shall the city be held as assuming any liability by reason of the issuance of any permits.
(1992 Code, § 35.5-9) (Ord. 55-99, passed 5-17-1999)