(a) Minor Maintenance Permit Requirements.
(1) No person shall perform minor maintenance of facilities in the rights-of-way without first having obtained a Minor Maintenance Permit as set forth in this Chapter. Minor maintenance means:
A. The routine repair or replacement of facilities with like facilities not involving construction and not requiring traffic control for more than two (2) hours at any one location; or
B. The routine repair or replacement of facilities with like facilities not involving construction and taking place on thoroughfares and arteries between the hours of 9:00 a.m. and 3:00 p.m.; or
C. The routine repair or replacement of facilities with like facilities not involving construction on all rights-of-ways, other than thoroughfares and arterials, that does not impede traffic and is for a period of less than eight (8) contiguous hours; or
D. Construction other than on thoroughfares and arterials that takes less than eight (8) contiguous hours to complete, does not impede traffic, and does not involve a pavement cut. The Public Service Director may adopt Rules and Regulations pursuant to Section 1028.09(E) that clarify the definition of minor maintenance and/or provide a process for a Provider to determine whether particular activity constitutes minor maintenance.
(2) A Minor Maintenance Permit allows the permittee to perform all minor maintenance in any part of the rights-of-way as required.
(3) A Minor Maintenance Permit is valid from the date of issuance until revoked by the Public Service Director.
(4) A Minor Maintenance Permit must be displayed or upon request produced within twelve (12) business hours.
(5) A Minor Maintenance Permit by itself shall under no circumstances provide a permittee with the ability to cut pavement without seeking additional authority from the Public Service Director.
(b) Minor Maintenance Permit Applications. Application for a Minor Maintenance Permit shall be made to the Public Service Director. In addition to any information required by the Public Service Director, all Minor Maintenance Permit applications shall contain, and will only be considered complete, upon compliance with the following provisions:
(1) Credible evidence that the applicant has obtained a Certificate of Registration or proof that the applicant has written authority to apply for a Minor Maintenance Permit on behalf of a party that has been issued a Certificate of Registration;
(2) Submission of a completed Minor Maintenance Permit application in the form required by the Public Service Director.
(3) A statement that the applicant will employ protective measures and devices that, consistent with the OMUTCD, will prevent injury or damage to persons or property and to minimize disruptions to the efficient movement of pedestrian and vehicular traffic.
(c) Issuance of Minor Maintenance Permits; Conditions.
(1) If the Public Service Director determines that the applicant has satisfied the requirements of this Chapter and the Minor Maintenance Permit process, the Public Service Director shall issue a Minor Maintenance Permit subject to the provisions of this Chapter.
(2) The City may impose reasonable conditions in addition to the Rules and Regulations enacted by the Public Service Director, upon the issuance of the Minor Maintenance Permit and the performance of the minor maintenance permittee thereunder in order to protect the public health, safety and welfare, to insure the structural integrity of the rights-of-way, to protect the property and safety of other users of the rights-of-way, to protect the City's investment in the right-of-way, or to minimize the disruption and inconvenience to the traveling public.
(d) Minor Maintenance Permit Fees. The Public Service Director shall not charge a fee for the issuance of the Minor Maintenance Permit but may revoke the Minor Maintenance Permit as any other Permit may be revoked under this Chapter.
(Ord. 2022-46. Adopted 12/08/22)