(a) Administration. The Public Service Director shall be the principal City official responsible for the administration of this Chapter, except as otherwise provided herein. The Public Service Director may delegate any and all the duties hereunder to the Assistant City Engineer or other designee.
(b) Rights-of-Way Occupancy. Each person who occupies, uses, or seeks to occupy or use the rights-of-way to operate a system located in the rights-of-way, or who has, or seeks to have, a system located in any rights-of-way, shall apply for and obtain a Certificate of Registration pursuant to this Chapter. Any person owning, operating, or maintaining a system in the right-of-way without a Certificate of Registration, including persons operating under permit, license or franchise issued by the City prior to the effective date of this Chapter, shall apply for and obtain a Certificate of Registration from the City, unless exempted by subsection (d) of this section. Applications will consist of providing the application information set forth in Section 1028.06 of this Chapter and as reasonably required by the Public Service Director.
(c) No Construction Without a Certificate of Registration. Following the effective date of this Chapter, no person shall construct or perform any work on or in, or use any system or any part thereof located on or in, any rights-of-way without first obtaining a Certificate of Registration. Whoever violates this section is guilty of a misdemeanor of the fourth degree, as provided for in Section 1028.99 of this Chapter.
(d) Exceptions.
(1) The following entities are not obligated to obtain a Certificate of Registration: the City and resellers of services or persons that do not own any system or facilities in the rights-of-way.
(2) The following entities are required to participate in the Certificate of Registration process, but shall be exempt from the financial obligation of the application fee required by Section 1028.06(a) and the registration maintenance fee required by Section 1028.08(a) of this Chapter:
A. The County, cable operators for the purpose of providing only cable service and operating pursuant to a valid cable franchise;
B. Video service providers for the purpose of providing only video service and operating pursuant to a valid video service authorization issued in accordance with ORC 1332.24;
C. Small cell facility operators for the purpose of providing wireless service.
(e) Systems in Place Without a Certificate of Registration. Any system or part of a system found in a rights-of-way for which a Certificate of Registration has not been obtained shall be deemed to be a nuisance and an unauthorized use of the rights-of-way. The City may exercise any remedies or rights it has at law or in equity including, but not limited to, abating the nuisance; taking possession of the facilities and/or non-complying portion of such system; and/or prosecuting the violator.
(f) Future Uses. In allowing facilities to be placed in the rights-of-way, the City is not liable for any damages caused thereby to any Provider's facilities that are already in place or that shall be placed in the rights-of-way unless those damages arise out of the sole negligence, gross negligence, willful misconduct, or fraud of the City. No Provider is entitled to rely on the provisions of this Chapter as creating a special duty to any Provider.
(Ord. 2022-46. Adopted 12/08/22)