The purpose of this division is to:
(1) 
Assist in the management of facilities placed in, on or over the public rights-of-way in order to minimize the congestion, inconvenience, visual impact and other adverse effects and the costs to the citizens resulting from the placement of facilities within the public rights-of-way;
(2) 
Govern the use and occupancy of the public rights-of-way;
(3) 
Assist the town in its efforts to protect the public health, safety and welfare;
(4) 
Conserve the limited physical capacity of the public rights-of-way held in public trust by the town;
(5) 
Preserve the physical integrity of the streets and highways;
(6) 
Control the orderly flow of vehicles and pedestrians;
(7) 
Keep track of the different entities using the rights-of-way to prevent interference between them;
(8) 
Assist in scheduling common trenching and street cuts; and
(9) 
Protect the safety, security, appearance and condition of the public rights-of-way.
(Ordinance 06-224, sec. 2 (9.302), adopted 5/18/06)
No person shall commence or continue with the construction, installation or maintenance of facilities within the public rights-of-way except as provided by the ordinances of the town and the directives of the town administrator or designee. All construction activity in the public rights-of-way will be in accordance with this division. Public rights-of-way shall be as defined in the Texas Local Government Code section 283.002(6), as amended, to include the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement in which the town has an interest. It includes state department of transportation rights-of-way. For the purposes of this division, a person who constructs, installs, operates, or maintains facilities within the public rights-of-way as provided by this division is a “user” of the public rights-of-way.
(Ordinance 06-224, sec. 2 (9.302), adopted 5/18/06)
(a) 
The town may institute all appropriate legal action to prohibit any person from knowingly using the public rights-of-way unless the person has complied with the terms of this division.
(b) 
A person commits a class C misdemeanor offense if that person commences or continues with the construction or installation of facilities within the public rights-of-way, except as permitted by this division or by state law. Each day the person continues with the construction or installation of facilities or engages in maintenance that requires excavation or blocks the public rights-of-way in violation of this section constitutes a separate offense.
(Ordinance 06-224, sec. 2 (9.303), adopted 5/18/06)
To the extent the provisions of this division conflict with the specific provisions of a franchise granted by the town and accepted by the franchisee, the provisions of the franchise shall prevail during the term of the franchise. To the extent that the provisions can be reconciled, both the franchise and this division shall be given effect.
(Ordinance 06-224, sec. 2 (9.304), adopted 5/18/06)
For the purposes of this division, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Affiliate.
An entity which owns or controls, is owned or controlled by, or is under common ownership with the permittee.
Certificated telecommunications provider.
Means the same as in Texas Local Government Code section 283.002(2), as amended, and includes any entity that has been granted a certificate from the state public utility commission under chapter 54 of the Texas Utility Code authorizing that entity to provide local exchange telephone service.
Facilities.
Any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, pipes, underground and overhead passageways and other equipment, structures, plant and appurtenances and all associated physical equipment placed in, on or under the public rights-of-way.
Franchise.
The initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, ordinance, permit, license, resolution, contract, certificate, or agreement.
Franchising authority.
The town, or the lawful successor, transferee or assignee thereof.
Permittee.
A person with a permit from the town administrator or designee authorizing the person to construct or install facilities within the public rights-of-way or engage in maintenance that requires excavation or blocks the public rights-of-way.
Person.
An individual, partnership, association, joint stock company, trust, corporation, or governmental entity.
Public right-of-way.
Means the same as this term is defined in section 283.002(6) of the Texas Local Government Code, as amended. The term includes any state department of transportation right-of-way.
Town.
The Town of Copper Canyon, Texas, or an agent of the town.
User.
A person who owns, constructs, installs, or maintains facilities within the public rights-of-way. A user may be an employee of a franchise holder or a certificated telecommunications provider, or may be a contractor or subcontractor under contract with a franchise holder or certificated telecommunications provider.
(Ordinance 06-224, sec. 2 (9.305), adopted 5/18/06)