[Ord. No. 23-2384, 5-1-2023[1]]
A. 
Applicability. Except as provided for herein and where limited by applicable law, this Chapter shall apply to all Excavations and use, construction, operation, and Maintenance of Facilities in the ROW of the City. No person shall commence or continue with the installation, maintenance, or operation of any Facilities in the ROW except as provided and in compliance with this Chapter. Because numerous types of users and uses of the ROW 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 ROW 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. 
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furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Chapter is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and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.
C. 
Definitions. The following terms shall have the following meanings unless otherwise defined by context:
ABANDONED FACILITIES
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 for a period of six (6) months or more, and the owner of such equipment or Facilities fails to respond within thirty (30) days to a written notice sent by the City;
3. 
The owner allows a Franchise, ROW Use Agreement, or License to expire and fails to cure within thirty (30) days after notice; or
4. 
As otherwise may be defined by applicable law.
ANTENNA
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.
CITY FACILITIES
Any Facilities located within the public rights-of-way and owned by the City.
COMMUNICATIONS SERVICE
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, 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.
DIRECTOR
The City's City Engineer, Public Works Director, or such other person designated to administer and enforce this Chapter.
EXCAVATION PERMIT
A permit authorizing Excavation for the construction or installation of Facilities in the City's Rights-of-Way.
EXCAVATION, EXCAVATING, or EXCAVATE
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.
FACILITIES
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 or 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 in Article II below.
FACILITIES MAINTENANCE or MAINTENANCE
The construction, installation, repair, upgrade, or other physical access to the Facility in the ROW that does not involve Excavation.
FACILITIES MAINTENANCE PERMIT
A permit issued by the City for the ROW User to provide Maintenance to its Facilities or otherwise perform work in the ROW that does not involve Excavation but requires physical access to the Facilities in the ROW.
FRANCHISE
A binding and accepted ordinance for 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.
LICENSE
The executed agreement between the City and a person to use and occupy the Rights-of-Way for the purpose of installing incidental temporary Facilities within the Rights-of-Way or incidental uses or Facilities such as ingress and egress Facilities, lateral utility lines, or driveway aprons.
PERSON
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.
RIGHTS-OF-WAY (or "ROW") PERMIT
An Excavation Permit or Facilities Maintenance Permit granted by the City.
RIGHTS-OF-WAY (or "ROW") USER
All Persons 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.
RIGHTS-OF-WAY or ROW
Unless otherwise restricted herein, the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public easement, or sidewalk in which the City now or hereafter holds any interest, including management, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining facilities. Rights-of-way shall not include:
1. 
City Facilities or the City's property other than ROW, such as City-owned or operated buildings, parks, or other similar property;
2. 
Airwaves used for cellular, non-wire telecommunications, or broadcast services;
3. 
Easements obtained by ROW users on private property;
4. 
Railroad rights-of-way or ground used or acquired for railroads; or
5. 
Facilities owned and used by the City for the transmission of one (1) or more services.
RIGHTS-OF-WAY USE AGREEMENT or ROW USE AGREEMENT
A document granting consent by the City to use the ROW for the purpose of providing Communications Service or for such other use for which a Franchise or License is not applicable and obtained as provided for herein.
[1]
Editor's Note: Former Chapter 510, Streets, Sidewalks and Public Places, containing Sections 510.010 through 510.160, was repealed 5-1-2023 by Ord. No. 23-2384. Prior history includes: CC 1979 §§ 23-1 — 23-; Ord. No. 65-119; Ord. No. 01-1247; Ord. No. 07-1757; and Ord. No. 22-2370.
[Ord. No. 23-2384, 5-1-2023]
A. 
Any person who shall obstruct or damage the ROW or part thereof or connection therewith in this City so as to prevent the free use of the same by the public shall be deemed guilty of an ordinance violation.
B. 
The provisions of Subsection (A) shall not apply to merchants who use any sidewalk in the necessary reception and discharge of merchandise, nor for persons engaged in building, to deposit material thereon, on the street in front or on the side of the lot where such building is to be erected, if at least four (4) feet of all sidewalks shall at all times be kept clear of obstructions.
[Ord. No. 23-2384, 5-1-2023]
It shall be unlawful for any person to cause or permit to be placed, thrown, or to leak or spill from a vehicle or otherwise, upon any pavement or surface of any ROW or public place in the City any liquid, asphalt, concrete, dirt, debris, or substance, whether liquid or material, which might thereby endanger, impede or inconvenience the movement of vehicles or pedestrians or render the surface of such ROW or public place rough or uneven.
[Ord. No. 23-2384, 5-1-2023]
A. 
Any person owning or having control of any lot of ground or any part of any such lot which abuts a public sidewalk in the corporate limits of the City who shall fail to remove any accumulation of snow or ice from the sidewalk abutting the lot or part of lot within the period of twenty-four (24) hours from the accumulation thereof on the sidewalk, shall be deemed guilty of an ordinance violation.
B. 
The occupant of any such lot or part of lot shall be primarily responsible for the removal of snow or ice from abutting sidewalks, but in the event the lot or part of lot is unoccupied, then the owner shall be responsible for removing such accumulation of snow and ice.
C. 
The City may remove any accumulation of snow or ice from any sidewalk in the City, and charge the owner, lessee, or occupant, or agent, servant, representative, or employee of such owner, lessee, or occupant with the cost of removing the snow and ice and may recover the same by an ordinary suit at law against such person.
[Ord. No. 23-2384, 5-1-2023]
It shall be deemed unlawful for any person to erect or cause to be erected any stairway on the outside of any building leading to an upper story in such a manner as to occupy any part of or overhang or obstruct or interfere with the free use of any public sidewalk or part thereof; nor shall any person so construct or excavate for any areaway, cellarway, or stairway leading to any cellar or basement, or other place, or lay or cause to be laid, any doorstep which shall extend into, take up or interfere with the free and entire use of any part of any public sidewalk of the City.
[Ord. No. 23-2384, 5-1-2023]
Any person who shall drain or conduct or cause to be drained or conducted in any manner any filth, slop, wastewater, or the contents of any privy vault, cesspool, or sink, either directly or indirectly, onto any ROW or public place of this City or into any gutter shall be deemed guilty of an ordinance violation.
[Ord. No. 23-2384, 5-1-2023]
Any person who shall use or cause to be used any part of any ROW in this City for the piling of material while constructing, removing, or repairing a building or structure and fail to remove all such material or remnants thereof so as to leave such ROW clear and in as good condition as found shall be deemed guilty of an ordinance violation.
[Ord. No. 23-2384, 5-1-2023]
Any person who shall use a part of any sidewalk in the City for the purpose of a crossing, and who shall fail to keep such part of such sidewalk in good repair and on established grade, shall be deemed guilty of an ordinance violation.