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

Home Browse Search

Placed on first reading and referred to the Rules and Ordinances Committee 12/19/2016, second reading 1/3/2017, deferred 1/17/2017, 2/6/2017 and 3/6/2017. Please substitute for the original. ORDINANCE NO. 59 -16 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Chapter 904, Use of Public Ways by Service Providers; creating Section 901.22, Con- flict with Use of Public Ways Chapter; and amending Section 903.09, Sidewalk Permit, of the Codified Ordinances of the City of Lakewood. WHEREAS, the Codified Ordinances stands to be updated in order to provide additional guidelines, due process protections and regulations for applicants seeking to use the City's public rights -of -way for the provision of telecommunications and other services; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this or- dinance is an emergency measure and that it shall take effect immediately, as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that it is in the best interest of the City to enact the regulations before the 2017 construction season; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. New Chapter 904, Use of Public Ways by Service Providers, of the Lakewood Codified Ordinances, be enacted to read as follows: CHAPTER 904 Use of Public Ways by Service Providers 904.01 Scope of Chapter; Definitions 904.02 Consent to Occupy or Use the Public Right -of -Way 904.03 Initial and Annual Registration of Service Providers 904.04 General Public Right -of -Way Use Regulations 904.05 Location, Relocation and Removal of Facilities 904.06 Notice of Work, Routine Maintenance and Emergency Work 904.07 Construction Permits and Standards 904.08 Recovery of City Costs in Managing the Public Right -of -Way 904.09 Cable Television Franchise {02299394 - 1)