(a) No permit holder may locate or maintain its facilities so as to unreasonably interfere with the use of the right of way by the City, by the general public or by other persons authorized to use the right of way.
(b) No permit holder shall take or permit any action that may impair the use or damage any City property, the right of way or other property located in, on or adjacent to the right of way.
(c) Each permit holder shall maintain its facilities in good repair and in a manner that complies with all applicable federal, state and local laws and regulations. The permit holder shall exercise due care in performing work in the right of way and shall maintain barricades, lighting and traffic flow in accordance with City regulations. No permit holder shall construct or maintain any facility that interferes with any traffic control device. If the Director of Public Utilities notifies any permit holder that interference with a traffic control device exists, the permit holder must take immediate action to remove the interference at no cost to the City.
(d) If required by the Director of Public Utilities, each permit holder shall maintain an identification program that will allow all of its facilities to be readily identifiable as to ownership. In addition, each permit holder owning or operating underground facilities shall participate in and register the location of its underground facilities with a protection service as required by Ohio Revised Code sections 3781.25 et seq. Detailed and reasonably accurate maps and records shall be maintained for all facilities located in the right of way and public property and shall be made available for City review without cost.
(e) During the term of the right of way permit each permit holder shall secure and maintain liability insurance in an amount established by regulation of the Director of Public Utilities that is commensurate with its use of the right of way. The regulations shall provide that upon the written application of a permit holder, which approval shall not be unreasonably withheld, permit holders who maintain a net book value in excess of ten million dollars ($10,000,000) may self-insure in lieu of providing policies of insurance.
(Ord. 375-02. Passed 10-8-02.)