(a) No person shall use, occupy, construct, own, operate or otherwise locate or co-locate structures or facilities in, under or over any right of way or any public property within the City unless such person first obtains a right of way permit and conforms to the requirements set forth in the permit and this chapter and, where applicable and not in conflict with this chapter, according to approved tariffs, filings or regulations of any other regulatory agency having jurisdiction over the facilities. Right of way permits shall not be required for persons who are granted either a franchise or a Toledo Municipal Code Chapter 717 cable television permit to operate by Toledo City Council; nor shall a right of way permit be required for an affiliate of any such person if that affiliate uses the same cable television facilities as the Chapter 717 permit holder and is covered by the terms of Chapter 717. In addition, a right of way permit shall not be required for the following uses of the right of way:
(1) newspaper stands;
(2) carts;
(3) sidewalk cafes;
(4) residential purposes as long as the Director believes that such use does not adversely affect the public health, safety or welfare and does not materially interfere with the other lawful uses of the right of way.
(b) To promote and require reasonable accommodation of all uses of the right of way, the following priority of use is established when all requested usage of the right of way cannot be accommodated:
(1) use by the City excluding uses for: (i) the benefit of a third party, (ii) a municipal utility providing the same service as and competing for customers with any permit holder, or (iii) a non-transportation related aesthetic improvement;
(2) use by another governmental entity with the City's approval or other uses required by law;
(3) holders of City franchises;
(4) holders of a right of way permit who are granted authority to utilize the right of way for general business purposes such as the provision of a utility service and any City uses excluded in (b)(1);
(5) holders of a right of way permit who are granted authority for a specific, limited use of the right of way;
(6) holders of a right of way permit granted to residential landowners to occupy or use a portion of the right of way for residential purposes;
(7) uses described in subsection (a)(1-4) above.
(c) The issuance of a right of way permit and the payment of use fees under this chapter do not exempt a permit holder from obtaining a road-opening permit and paying the fees and inspection charges required by Toledo Municipal Code section 127.05(f) prior to any construction work in the public right of way.
(d) In the event that a court or agency of competent jurisdiction strikes down or modifies any substantive provision of this chapter, including the imposition of the cost recovery mechanism in R.C. 4939.07(B)(2)(a), the City shall have the right to terminate any general right of way permit issued under this chapter and to regulate the former permit holders under Toledo Municipal Code Chapters 717, 947 or any other applicable City regulation.
(Ord. 375-02. Passed 10-8-02.)