The person desiring to exercise any license or privilege for which a permit is required under Section 1020.01, shall apply in person or by duly authorized representative to the City Manager. If the applicant is not the owner of the abutting property in connection with which the privilege or license in the street or public way is desired, such owner must join in the application and sign the same, and when a request under this section is granted, the application and the permit signed by the City Manager shall constitute the authority under the terms of which the applicant is permitted to occupy or do the things or acts specified in, upon, under or over the street or public place in the City. The City Manager may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the public right-of-way, or when necessary to protect the public right-of-way and its users. The City Manager, shall consider the following factors: the extent to which public right-of-way space where the permit is sought is available; the competing demands for the particular space in the right-of-way; the availability of other locations in the public right-of-way or in other public right-of-way or within utility easement areas outside of the right-of-way; the applicability of ordinance or other regulations of the right-of- way that affect location of elements in the right-of-way; the degree of compliance of the applicant with the terms and conditions of its franchise, this chapter, and other applicable ordinances and regulations; the degree of disruption to surrounding communities and businesses that will result from the use of that part of the public right-of-way; the condition and age of the public right-of-way, and whether and when it is scheduled for total or partial reconstruction; the balancing of the costs of disruption to the public and damage to the public right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the public right-of-way; and the feasibility of accomplishing the desired goal outside of the public right-of-way.
(Ord. 308. Passed 1-5-53; Ord. 08-12. Passed 5-12-08.)