[R.O. 2009 § 510.010; Ord. No. 3663 § 2, 2-23-2017[1]]
A.Â
Applicability. Except as provided for herein,
and where limited by applicable law, this Chapter shall apply to all
excavations and all use, construction, operation, and maintenance
of facilities or structures in the rights-of-way of the City. No person
shall commence or continue with the operation of any facilities or
structures in the rights-of-way except as provided and in compliance
with this Chapter. Because numerous types of users and uses of the
rights-of-way may be subject to various or changing regulatory schemes
under Federal or state law, any such limitation or qualification that
may be applicable to less than all users and uses of the rights-of-way
are not duplicated herein, but are nevertheless incorporated herein,
whenever application is so required by law, including but not limited
to applicable provisions of Chapter 67, RSMo., and other applicable
State and Federal law.
B.Â
Preemption. No provision of this Chapter
shall apply to any circumstance in which such application shall be
unlawful under superseding Federal or State law and furthermore, if
any Section, Subsection, sentence, clause, phrase, or portion of this
Chapter is now or in the future superseded or preempted by State or
Federal law or found by a court of competent jurisdiction to be unauthorized,
such provision shall be automatically interpreted and applied as required
by law.
[1]
Editor's Note: Former Chapter 510, Excavations, containing Sections 510.010 — 510.100, which derived from R.O. 2006 §§ 530.010 — 530.100; Ord. No. 300 §§ 1, 3 — 10, 5-17-1971; Ord. No. 976 § 1, 3-16-1987; Ord. No. 1629 § 1, 9-21-1992; Ord. No. 3019 §§ 2 — 6, 4-23-2009, was repealed 2-23-2017 by § 2 of Ord. No. 3663.
[R.O. 2009 § 510.020; Ord. No. 3663 § 2, 2-23-2017]
For purposes of this Chapter, the
following terms, phrases, words, and their derivatives shall have
the meanings set forth in this Chapter, unless the context clearly
indicates that another meaning is intended.
Any equipment, materials, apparatuses, devices, or facilities
that are: 1) declared abandoned by the owner of such equipment or
facilities, 2) no longer in active use and the owner of such equipment
or facilities fails to respond within thirty (30) days to a written
notice sent by the City, or 3) as otherwise may be defined by applicable
law.
Any device that transmits and/or receives electromagnetic
wireless radio waves or signals for voice, data, or video communications
purposes, including, but not limited to, television, text, AM/FM radio,
microwave, cellular telephone, communications service, or otherwise.
Any person who has applied for a ROW agreement, franchise,
license, ROW permit, or any other permit or other authorization to
install, maintain, repair or otherwise physically access facilities
in the rights-of-way.
Any facilities located in the rights-of-way and owned by
the City.
The transmission via facilities, in whole or in part, of
any writings, signs, signals, pictures, sounds, or other forms of
intelligence through wire, wireless, or other means, including, but
not limited to, any telecommunications service, enhanced service,
information service, or internet service, as such terms are now, or
may in the future, be defined under applicable law, and including
all instrumentalities, facilities, apparatus (communications facilities),
and services (among other things, the receipt, forwarding, and delivery
of telecommunications) incidental to such transmission or designed
to directly or indirectly facilitate or accept such transmission and
shall also include "video services" as defined in Section 67.2677,
RSMo. The term "communications service" does not include the rental
of conduit or physical facilities.
The City's Community Development Director or such other person
designated thereby to administer and enforce this Chapter.
A permit authorizing excavation for the construction and
installation of facilities in the ROW or other City property.
Any act by which earth, asphalt, concrete, sand, gravel,
rock or any other material in or on the ground is cut into, dug, uncovered,
removed, or otherwise displaced, by means of any tools, equipment
or explosives, except as excluded by applicable law.
The construction, installation, repair, upgrade, or other
physical access to the facility in the rights-of-way that does not
involve excavation.
A permit issued by the City for a ROW user to provide maintenance
to its facilities or otherwise perform work in the rights-of-way that
does not involve excavation but requires physical access to the facilities
in the rights-of-way.
Any equipment, installation, or structure located in the
rights-of-way, including without limitation, cables, wires, lines,
poles, towers, antenna, conduit facilities, vaults, pedestals, transmitters,
meters, fiber, foundations, and any other equipment, infrastructure,
structures or obstruction. Facilities shall not include mailboxes,
lawful vehicular parking or use of lawful minor incidental uses such
as driveway aprons, private utility connections or other incidental
facilities which may be permitted by license issued by the Director
as provided herein.
The Federal Communications Commission.
The rights and obligations extended by the City to certain
ROW users to occupy the rights-of-way for the purpose of providing,
transporting or distributing electricity, gas, water, steam, lighting,
energy or sewer service to any person or area in the City's limits
and boundaries.
The rights and obligations extended by the City to a person
to use and occupy the rights-of-way for the purpose of installing
temporary facilities within the rights-of-way or incidental uses such
as ingress and egress facilities, lateral utility lines, or driveway
aprons. A license shall not be required for installation of mailboxes.
A corporation, partnership, proprietorship, individual, organization,
governmental entity or any natural person.
The Missouri Public Service Commission.
The City's Public Works Director and his/her designee.
The rights and obligations extended by the City to a person
to occupy the rights-of-way for the purpose of providing any form
of communications service to any person or area within the City's
limits and boundaries, or any other person desiring to use the rights-of-way
for which a franchise or license is not applicable, subject to the
regulations and requirements herein.
An excavation permit and/or a facilities maintenance permit.
All persons and entities, whether a PSC registered utility
or otherwise, owning, controlling, leasing, maintaining, using or
installing facilities in the rights-of-way of the City, not otherwise
expressly exempted. To the extent permitted by law, ROW user shall
not include the City.
Action by a ROW user to:
Install, change, replace, relocate,
remove, maintain, or repair facilities within the rights-of-way, or
To conduct work of any kind within
or adjacent to the rights-of-way that results in an excavation, obstruction,
disruption, damage, or physical invasion or impact of any kind to
the rights-of-way or the use thereof. The routine inspection of facilities
shall not be considered ROW work unless the inspection requires the
conduct of any of the activities or actions noted herein.
The area on, below, or above a public roadway, highway, street
or alleyway in which the City has an ownership interest or right of
management, and including such adjacent areas within such public ways
within such City control, except as may be limited by law.
