Title 13 - Streets and Sidewalks

13.12.540 Denial of Permit.

1. A.
   The City Engineer may deny a permit or prohibit the use or occupancy of a specific portion of the Right-of-way to protect the public health, safety or welfare, to prevent interference with the safety and convenience of ordinary travel over the Right-of-way, or when necessary to protect the Right-of-way and its users. The City Engineer, at the City Engineer's discretion, may consider all relevant factors including but not limited to:

   1. 1.
      The extent to which the Right-of-way space where the permit is sought is available;
   2. 2.
      The competing demands for the particular space in the Right-of-way;
   3. 3.
      The availability of other portions of the Right-of-way or in other Right-of-way for the Facilities of the Applicant;
   4. 4.
      The applicability of any ordinance or other regulations, including City zoning regulations, that affect location of or other standards for Facilities in the Right-of-way;
   5. 5.
      The degree of compliance of the Applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations;
   6. 6.
      The degree of disruption to surrounding communities and businesses that will result from the use of that part of the Right-of-way;
   7. 7.
      The balancing of costs of disruption to the public and damage to the Right-of-way, against the benefits to that part of the public served by the construction in the Right-of-way;
   8. 8.
      Whether the Applicant maintains a current Registration with the City;
   9. 9.
      Whether the issuance of a Right-of-way Permit for the particular dates and/or time requested would cause a conflict or interferes with an exhibition, celebration, festival, or any other event. In exercising this discretion, the City Engineer shall be guided by the safety and convenience of anticipated travel of the public over the Right-of-way.
   10. 10.
        Whether the Application complies with the Manual of Infrastructure Standards.
   11. 11.
        The adverse impact of the Facilities or the Facilities’ proposed location on any reasonable public interest necessitated by public health, safety or welfare.
2. B.
   Notwithstanding the above provisions, the City Engineer, at the City Engineer's discretion, may issue a Right-of-way Permit in any case where the permit is necessary to:

   1. 1.
      Prevent substantial economic hardship to a user of the Applicant’s Service;
   2. 2.
      Allow such user to materially improve the Service provided by the Applicant.
3. C.
   The City Engineer shall not issue a Right-of-way Permit for encroachments in the Right-of-way for private purposes that create a safety hazard and would be deemed a nuisance pursuant to Chapter 7.04.
4. D.
    Any denial of a wireless communications antenna, tower or related facilities shall, in accordance with federal and state law, be made in writing and supported by substantial evidence contained in a written record issued contemporaneously with said decision.

(History: Ord. No. RW-3296 §19, 2020; Ord. RW-3139 §8, 2016; RW-2883 §3, 2011; RW-2410 §13, 2002; RW-2184, 2000)

Effective on: 1/1/1901