(A) The purpose of this subchapter is to provide requirements for the use or occupation of any and all rights-of-way in the municipality, the issuance of permits to persons for such use or occupancy and to set forth the policies of the municipality related thereto.
(B) This subchapter does not take the place of any franchise, license, or permit which may be additionally required by law. Each permittee shall obtain any and all such additional franchises, licenses, or permits necessary to the operation and conduct of its business.
(C) The Director of Service (hereinafter Director) is hereby granted the authority and duty of enforcing the provisions of this subchapter.
(D) No person shall use, occupy, own, or operate facilities in, under, or over any rights-of-way or any public property within the municipality unless such person first obtains a permit and conforms to the requirements set forth therein and in this subchapter; provided, however, that permits shall not be required for residential related purposes.
(E) The policy of the municipality with regard to rights-of-way is hereby declared to be:
(1) To promote public safety and protect public property;
(2) To promote the utilization of rights-of-way for the public health, safety, and welfare and to promote economic development in the municipality;
(3) To promote of the availability of a wide range of utility, communication, and other services, including the rapid deployment of new technologies and innovative services, to the municipality’s citizens and taxpayers at reasonable rates;
(4) To promote cooperation among the municipality and permittee in the occupation of rights- of-way, and work therein, in order to minimize public inconvenience during right-of-way work, and uneconomic, unneeded, and unsightly duplication of facilities;
(5) To ensure adequate public compensation for private use of the rights-of-way and the regulation thereof;
(6) To promote and require reasonable accommodation of all uses of rights-of-way and to establish the following priority of use of rights-of-way, when all requested usage of rights-of-way by permittee cannot be accommodated:
(a) First priority: use by the municipality;
(b) Second priority: use by another governmental entity with municipality’s concurrence or other uses required by law;
(c) Third priority: franchise permittee shall have third priority;
(d) Fourth priority: general permittee shall have fourth priority; and
(e) Fifth priority: special permittee shall have fifth priority; provided, however, that the Director may reasonably require right-of-way permittee to cooperate to accommodate use by other permittee and provided further that the Director may alter this priority when the Director reasonably determines a deviation herefrom to be in the public interest.
(7) To protect the value of private property by setting minimum aesthetic standards for uses of public property.
(F) Nothing in this subchapter shall be construed to limit the municipality’s use of facilities owned, controlled, or operated by the municipality or any of its operations.
(G) Unless otherwise specifically stated in a permit or in a franchise, all permits granted hereunder shall be non-exclusive.
(Ord. 97-105, passed 2-3-1997) Penalty, see § 94.999