§ 79-21. Use permit required.

(a)

Generally. Except as modified for telecommunications permits under article IV and as otherwise provided in this article, no person shall use a city right-of-way for any improvements therein unless the consent of the city council is first obtained, as evidenced by a use permit issued by the city pursuant to this chapter.

(b)

Exemptions. An exemption described in this section shall not apply until it has been documented and proven in written form by the person claiming it to the city's satisfaction. A use permit is not required for any person that has a valid, effective and current franchise from the city to use the city's rights-of-way for improvements.

(c)

Council permit decisions. Applications to use and/or occupy city rights-of-way that do not abut real property owned by the applicant, shall be approved, approved with conditions or denied for issuance by the city council as provided in article V.

(d)

Violations. Failure to obtain a use permit under this section shall constitute a violation of this article and shall subject the violating person to the penalties provided for in this chapter. A person who violates this section shall pay the required application and use permit fee, as well as any additional charge established by resolution of the city council for that period of time that the person did not have a valid permit pursuant to this chapter.

(Ord. No. 727, § 1, 12-1-03)