59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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towable vertical clearance as specified in the orders and regulations of the PUCO. (37)Utility Easement means any easement owned by a Service Provider and acquired, established, dedicated or devoted for the purpose of providing Service to the public (38) City means the City of Lakewood, Ohio. (39)Mayor means the Mayor of the City, or his or her designee. (40) City Property means and includes all real property owned by the City, other than Public Streets and Public Easements as those terms are de- fined herein, and all property held in a proprietary capacity by the City, which are not subject to Public Right -of -Way consent and Permit re- quirements of this chapter. (41)Director means the Director of Public Works of the City, or his or her designee. 904.02 CONSENT TO OCCUPY OR USE THE PUBLIC RIGHT -OF- WAY. (a) Consent Required to Occupy Public Right -of -Way. No Person shall Occu- py or Use the Public Right -of -Way without obtaining prior consent from the City to do so. (b) Initial Consent Presumed. (1) A Person with existing Facilities in the Public Right -of -Way on the ef- fective date of this chapter shall be presumed to have initial consent of the City for its existing Facilities to Occupy or Use the Public Right -of- Way, if such Person: (A) is subject to jurisdiction by the PUCO; (B) has a valid franchise agreement with the City to provide Cable Services or other Services in the City; (C) has obtained a video service authorization from the State pursuant to Section 1332.24 of the Ohio Revised Code; or (D) is any other Person whose existing Facilities lawfully Occupy the Public Right -of -Way on the effective date of this chapter. (2) Presumed initial consent for Occupancy or Use of the Public Right -of- Way is limited to the Service or Private Service Provider's existing fa- cilities. (3) Any Person with presumed initial consent to Occupy or Use the Public Right -of -Way for existing Facilities shall comply with the Initial Regis- tration requirements pursuant to Sections 904.02(c)(2) and 904.03(a) within ninety (90) days of the effective date of this chapter. (4) A Person with presumed initial consent is not relieved from compliance with this chapter with respect to the ongoing Occupancy or Use of the (02299394 - 1 )