§ 6.5-207. Conditions on use of streets and public ways.

(a)

At all times and without exception, all wires, conduits, cable (whether coaxial, fiber or a functional equivalent), and other property and facilities of a service provider or system owner or operator shall be located, constructed, installed, and maintained so as not to endanger or unnecessarily interfere with the usual and customary use, traffic and travel upon the streets, rights-of-way, easements, and public ways of the city, or any private property adjacent to, crossed or used by a system owner or operator or service provider.

(b)

In the event a service provider or system owner or operator's system or facilities creates a hazardous or unsafe condition, or is part of or a party to a hazardous or unsafe condition, including, but not limited to those standards and requirements set forth in this article that are intended to protect the safety of persons and property, or that creates an avoidable or unreasonable interference with the use of public or private property, the service provider or system owner or operator shall upon discovery, voluntarily or upon notice by the city, remove or modify that part of the system or facilities so as to eliminate the condition in a prompt and expeditious manner.

(c)

At no time and under no circumstances shall a service provider or system owner or operator place equipment where it will unduly, unreasonably or impermissibly interfere with the rights of property owners, or with any utility or service intended to benefit the general public, or any other service or facility that benefits or protects the health, safety, or welfare of the city or its residents.

(d)

A service provider or system owner or operator, either at its own expense or that of a private contractor, shall at all times and without exception protect all property, including public property and the city's rights-of-ways and easements, and shall support or temporarily disconnect or relocate any property of the service provider or system owner or operator when necessitated by reason of:

(1)

Traffic conditions;

(2)

Public safety;

(3)

Temporary or permanent street closing;

(4)

Street construction or re-surfacing;

(5)

A change in, or establishment of, a street grade;

(6)

Installation, repair or modification of sewers, drains, water pipes, storm drains, lift stations, force mains, power or signal lines, and any traffic control system; or

(7)

Any improvement, construction, repair or public works project related to the city's or its residents' health safety or welfare.

(e)

Upon request by any person or individual desiring to work or have work performed near or around a system's or a service provider's facilities that are placed underground, it shall at all times be the responsibility of a service provider or system owner or operator to locate or have located all components of the system or facilities, and mark or otherwise visibly indicate and alert others to the location of the underground wires, cable, fiber or a functional equivalent and any associated equipment of facilities, prior to the start date of such work. It shall be the responsibility of the entity intending to or actually performing underground work to notify the service provider or system owner or operator at least ten (10) days prior to the intended start date of the need to locate the service provider or system owner or operator's underground lines and equipment and to inform the service provider or system owner or operator of the intended start date.

(f)

No service provider or system owner or operator may engage in any underground work or disturb the subsurface of any ground without first having had located and marked all utilities and facilities placed underground at the same location.

(g)

On the request of any person holding a building moving permit, a service provider or system owner or operator shall temporarily remove, raise or lower its wires and facilities to allow the moving or relocation of the building. The expense of temporary removal, raising or lowering of the wires and facilities shall be paid by the person requesting such, and the service provider or system owner or operator may require payment in advance. The affected service provider or system owner or operator shall be given not less than fourteen (14) days' notice of a contemplated move to arrange for temporary wire changes.

(Ord. No. A-177, § 57, 3-13-2000)