The city council finds and determines that the requirements
and conditions in this chapter are necessary for the following reasons:
(a) To encourage the systematic development of telecommunications infrastructure
and in turn maximize the availability of telecommunication and broadband
service to residents and businesses within the city.
(b) To protect and control access to the public right-of-way, and to
extend the life of city streets and other civil infrastructure, and
reduce the cost of ongoing maintenance by encouraging cooperation
between utility companies, public agencies, and city departments.
(c) To streamline and simplify the process of installing and upgrading
telecommunications equipment throughout the city, and to encourage
the improvement and modernization of the city’s telecommunication
infrastructure.
(Ord. 1569 § 3, 2019)
As used in the chapter, the following terms shall have the following
meanings:
“Applicant”
means an individual or entity submitting an encroachment permit application for an excavation project pursuant to Section
13.40.030.
“Conduit”
refers to a tube, duct, structure, or other device designed
for enclosing telecommunication wires or cables.
“Enhanced remediation”
means any and all standards and/or processes established
by the public works director that are intended to serve the purpose
of ensuring that excavations performed in an area where an open trench
notification process has been completed will include all work necessary
to restore the area to its original or enhanced condition prior to
the excavation.
“Excavation”
refers to any process which breaks up or removes material
from the ground through any digging, drilling, boring or other activity
for the purpose of installing underground utilities, infrastructure,
structures, or other equipment.
“Facilities” and “infrastructure”
refer to wires, cables, conduit, switches, transmission equipment
or other equipment for use in transmitting or processing telecommunications
services or for providing support or connection to such equipment.
“Public right-of-way” or “ROW”
shall mean the area across, along, beneath, in, on, over,
under, upon, and within the dedicated public alleys, boulevards, courts,
lanes, roads, sidewalks, spaces, streets, and ways within the city.
“Service providers”
refers to any person, company, corporation or other entity
providing data, voice, cable, video or other information services
by wire, fiber optic cable or other technology.
“Telecommunication”
refers to data, voice, video or other information provided
by wire, fiber optic cable or other technology.
(Ord. 1569 § 3, 2019)
Within sixty days after this chapter takes effect, the city
shall email, fax, mail or deliver a copy of it to telecommunications
service providers and other affected entities doing business within
the city.
(Ord. 1569 §3, 2019)
Violations of this chapter are hereby declared to be a public
nuisance. Any violation of this chapter shall be subject to abatement
by the city, as well as any other remedies that may be permitted by
law for public nuisances, and may be enforced by injunction, upon
a showing of violation.
(Ord. 1569 § 3, 2019)
Nothing in this chapter shall be interpreted or applied so as
to create any requirement, power, or duty in conflict with any federal
or state law.
(Ord. 1569 § 3, 2019)