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Earlier editions: 2026-09

Title 12 — STREETS, SIDEWALKS AND PUBLIC PLACES

Corona Municipal Code Ch. 12.32 Use of Public Rights-of-Way

Corona Municipal Code · 2026-10 edition · updated 2026-10-03 · Corona

Cite as: Corona Municipal Code Chapter 12.32 · Text as of 2026-10-03

12.32.010 Purpose; authority.

(A) The public rights-of-way are unique public resources held in trust by the city for the benefit of the public. These physically limited resources require proper management by the city to maximize the efficiency and minimize the costs to the taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights-of-way and to minimize the inconvenience to and negative effects on the public from nontraditional uses of the public rights-of-way.

(B) Under applicable state and federal law, the city is empowered to control access to and use of its public rights-of-way and to obtain reasonable and fair compensation for the use thereof.

(C) The purpose of this chapter is to serve and further the purposes identified herein and to enable the city to treat similarly persons who are making a similar use of the city’s public rights-of-way as may be appropriate to comply with applicable law.

(`78 Code, § 12.32.010.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.020 Definitions.

For purposes of carrying out the intent of this chapter, the following words, phrases and terms shall have the meanings set forth herein unless a different meaning is clearly intended by the use and context of the word, phrase or term.

(A) "Facility" means any fiber optic, coaxial or copper cable, telephone, telecommunications, electric or other wire or line, oil, gas or other pipeline, duct, conduit, cabinet, tunnel, vault, equipment, drain, manhole, splice box, surface location marker, pole, structure, utility or other appurtenance, structure, property or tangible thing owned, leased, operated or licensed by a person and located or proposed to be located in, upon, above, beneath or across any public right-of-way.

(B) "Licensee" means a person with whom the city has executed a right-of-way agreement under this chapter or any lawful successor, transferee or assignee of such person.

(C) "Right-of-way agreement" means the authorization granted by the city to a person under this chapter giving the person a non-exclusive right to occupy certain space in, upon, above, beneath or across any public right-of-way for the purpose of providing a specified service.

(D) "Person" means any person, business, firm, corporation or other legal entity who places, constructs, owns, controls, operates, manages or uses any facility in, upon, above, beneath or across any public right-of-way.

(E) "Public right-of-way" means the area in, upon, above, beneath, or across any of the following that has been dedicated to the public and maintained under public authority or by others and that is located within the city limits: streets, roadways, highways, avenues, boulevards, lanes, alleys, courts, sidewalks, pathways, medians, parkways, easements, rights-of-way, or similar public property that the city from time-to-time authorizes to be included within the definition of a public right-of-way or street.

(`78 Code, § 12.32.020.) (Ord. 2584 § 1, 2002; Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.030 Agreement required.

No person shall place, construct, own, control, operate, manage or use any facility in, upon, above, beneath or across any public right-of-way without first obtaining a right-of-way agreement from the city for such purpose. The execution of a right-of-way agreement pursuant to this chapter shall not diminish, abrogate or otherwise affect a licensee’s obligation to comply with any other applicable provision of this code or state or federal law, including, but not limited to, the following:

(A) Any permit or authorization required for the privilege of transacting business within the city as required by the code or ordinances of the city;

(B) Any permit, agreement or authorization required in connection with activities in, upon, above, beneath or across the public rights-of-way, including by way of example by not limitation, street work, street excavation, use, removal and relocation of property within a street and other street work;

(C) Any permits or agreements for occupying any other property of the city to which access is not specifically granted by the right-of-way agreement, including, without limitation, permits and licenses for placing devices on or in poles, conduits or other structures or facilities owned by the city or other governmental entity.

(`78 Code, § 12.32.030.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.040 Exemptions; existing agreements.

(A) Any person proposing a use of the public rights-of-way for a purpose specifically authorized by an existing agreement or franchise between such person and the city that is in full force and effect on the effective date of this chapter shall not be subject to § 12.32.030 to the extent such use is authorized by the existing agreement or franchise until such time as the existing agreement or franchise expires or is terminated. If an existing agreement or franchise for use of the public rights-of-way contains within it a provision for the renewal or extension of the agreement or franchise, then renewal or extension shall be negotiated and executed pursuant to the terms of this chapter.

(B) Any person proposing to place, construct, own, control, operate, manage or use a facility in the public rights-of-way shall not be subject to § 12.32.030 if the Director of Public Works determines in writing that the facility:

(1) Is an insignificant impact, encroachment or use of the public rights-of-way; and

(2) Does not inconvenience or jeopardize the public’s continued use of the public rights-of-way.

(C) Facilities temporarily placed in the public rights-of-way for a period not to exceed one year when such facilities have been otherwise approved by the Director of Public Works shall not be subject to § 12.32.030.

(D) Facilities placed in the public rights-of-way in accordance with a cable television franchise agreement or an open video system franchise agreement authorized and approved by the city under Chapter 5.14 of this code are exempt from the requirements of § 12.32.030 of this chapter.

(`78 Code, § 12.32.040.) (Ord. 2584, § 2, 2002; Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.050 Application.

Application for a right-of-way agreement shall be in writing, shall be filed with the City Engineer and shall contain the following information:

(A) The name and address of the applicant and the name, address and telephone number of the specific person(s) who will oversee the construction, installation and maintenance of any facility;

(B) A statement and description of the facilities proposed to be placed, constructed, owned, controlled, operated, managed or used by the applicant; the proposed location of such facilities; the manner in which the applicant proposes to place, construct, own, control, operate, manage or use the same; and the extent and manner in which existing or future poles or other facilities of the other person will be used;

(C) A detailed description and location map of the public rights-of-way or other public places within which the applicant proposes or seeks authority to place, construct, own, control, operate, manage or use any facilities; a detailed description and location map of the facilities to be installed in the public right-of-way and any adjacent public or private facilities, equipment or property; and a detailed description of the proposed traffic control plans and street repairs;

(D) The type and nature of the service(s) the applicant will provide to the community and region, including the potential customers for the applicant’s service(s) and timing for the availability of such service(s);

(E) If the applicant is a private entity, the applicant’s most recent corporate financial statements demonstrating the applicant’s financial ability to complete the construction, operation and maintenance of the proposed facilities;

(F) If the applicant is a telephone corporation certified by the California Public Utilities Commission, then the information required by this section shall be supplemented by the information specified in § 5.14.040 (D)(2)(b).

(G) Copies of all licenses, permits, franchises or other written authorizations received by the applicant from the Federal Communications Commission, the California Public Utilities Commission or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant’

(H) The city may at any time demand and the applicant shall provide such supplementary, additional or other information as the Council or city staff may deem reasonably necessary to determine whether the requested right-of-way agreement should be granted.

(`78 Code, § 12.32.050.) (Ord. 2584 § 3, 2002; Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.060 Application – Fee.

Each application for a right-of-way agreement shall be accompanied by payment to the city of an application fee in an amount determined by the city necessary to pay all estimated expenses incurred by the city in connection with the processing of such application and the execution of a right-of-way agreement, including any expense incurred by the city for outside technical or legal services to review any such application or agreement and submit a recommendation thereon. In the event the city subsequently determines the initial application fee was insufficient to pay for all expenses, it may require the applicant to pay an additional application fee in an amount sufficient to cover the additional estimated expenses. No portion of the fee shall be considered a tax or any portion of compensation or revenue due to the city under this chapter or code or any other local, state or federal law for use of the public rights-of-way.

(`78 Code, § 12.32.060.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.070 Approval and execution of agreement.

(A) Upon receipt of a completed application for a right-of-way agreement and consideration thereof, the City Council may grant or deny the requested right-of-way agreement. If the right-of-way agreement is granted, the application submitted shall constitute and form part of the right-of-way agreement as executed. If the application is denied, the City Council shall adopt a resolution setting forth the reason(s) for denial. The City Council’s decision in the matter shall be final.

(B) In considering whether to grant or deny a requested right-of-way agreement, the City Council shall apply the following criteria:

(1) The applicant’s ability to install and maintain the facilities described in the application;

(2) The capacity of the public rights-of-way identified in the application to accommodate the applicant’s proposed facilities and any foreseeable additional facilities of the applicant or other licensees which may need to be accommodated;

(3) The city’s future plans for the affected public rights-of-way;

(4) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping by the proposed use;

(5) The availability of existing or future alternate routes or locations for the applicant’s proposed facilities;

(6) Any licenses, permits or franchises received by the applicant from the Federal Communications Commission, the California Public Utilities Commission or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant’s proposed activities or facilities;

(7) Any other consideration deemed pertinent for safeguarding the health and safety of the city and the public.

(C) If a right-of-way agreement is approved, the right-of-way agreement shall not be effective unless and until the city and licensee have executed a written document that memorializes the right-of-way agreement and contains, at a minimum, the following:

(1) The purpose(s) and use(s) of the public rights-of-way authorized by the right-of-way agreement;

(2) The right of the city to audit licensee to ensure such purposes and uses have not been violated;

(3) The terms and conditions for the licensee’s use of the public rights-of-way, including all conditions imposed by the City Council in its approval of the right-of-way agreement;

(4) The right-of-way usage fee, if any, or the methodology for determining the fee to be paid to the city by licensee pursuant to § 12.32.100;

(5) Incorporation of the provisions of this chapter and licensee’s right-of-way agreement application;

(6) Any other material term determined to be necessary or prudent by the city.

(`78 Code, § 12.32.070.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.080 Term of agreement.

Unless otherwise specified in the right-of-way agreement, a right-of-way agreement executed under this chapter shall be valid for a period of ten years.

(`78 Code, § 12.32.080.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.090 Amendment; application and determination.

(A) A licensee may apply to amend its rights-of-way agreement to revise the rights-of-way within which the licensee proposes to place, construct, own, control, operate, manage or use its facilities, as long as the type of facilities and the use of such facilities is already authorized by the licensee’s existing rights-of-way agreement. The amendment application shall contain the information required under § 12.32.050 and shall be accompanied by the application fee specified in § 12.32.060. Within 180 days after receipt of a completed amendment application, the City Council shall approve or deny the amendment application in whole, in part or with additional conditions. If the amendment application is denied, the City Council shall adopt a resolution setting forth the reason(s) for denial.

(B) In considering whether to grant or deny the requested amendment, the City Council shall apply the following criteria:

(1) The considerations set forth in § 12.32.070;

(2) The applicant’s history and current compliance with any applicable right-of-way agreement, this chapter or any other applicable local, state or federal law, regulation or policy;

(3) The capacity of the streets, alleys or other public rights-of-way identified in the amendment application to accommodate the applicant’s facilities and use(s) of the public rights-of-way.

(`78 Code, § 12.32.090.) (Ord. 2458 § 2, 2000.)

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12.32.100 Renewal; application and determination.

(A) A licensee that desires to renew its right-of-way agreement may file an application with the city for renewal, not more than one year nor less than 180 days before expiration of its current right-of-way agreement. The renewal application shall contain the information required under § 12.32.050 and shall be accompanied by the application fee specified in § 12.32.060. Within 180 days after receipt of a completed renewal application, the City Council shall grant or deny the renewal application in whole, in part or with additional conditions. If the renewal application is denied, the City Council shall adopt a resolution setting forth the reason(s) for denial.

(B) In considering whether to grant or deny the requested renewal, the City Council shall apply the following criteria:

(1) The considerations set forth in § 12.32.070;

(2) The applicant’s history and current compliance with any applicable right-of-way agreement, this chapter or any other applicable local, state or federal law, regulation or policy;

(3) The continuing capacity of the streets, alleys or other public rights-of-way identified in the renewal application to accommodate the applicant’s facilities and use(s) of the public rights-of-way.

(`78 Code, § 12.32.100.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.110 Right-of-way usage fee.

Each right-of-way agreement granted under this chapter is subject to the city’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid by the licensee for the property rights granted in the right-of-way agreement, provided that nothing in this chapter shall prohibit the city and licensee from agreeing and fixing in the right-of-way agreement the compensation to be paid for privileges granted therein. This section shall not apply to right-of-way agreements approved and executed for right-of-way uses governed by Chapters 5.12 and 5.20 of the code, the Broughton Act (Cal. Pub. Util. Code §§ 6001 et seq.), the Franchise Act of 1937 (Cal. Pub. Util. Code §§ 6201 et seq.) and Cal. Pub. Util. Code § 7901 or § 10101.

(`78 Code, § 12.32.110.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.120 Bond; forfeiture.

(A) The licensee shall, prior to the issuance of any permit for construction in the public rights-of-way, deliver to the city a performance bond (or other form of security acceptable to the city) in the amount of 100% of the total estimated cost of all work to be performed under such permit, as determined by the Director of Public Works. The bond shall be provided on a form acceptable to the city and maintained in full force and effect until the permitted work in the public rights-of-way is completed to the satisfaction of the Director of Public Works, whereupon the amount of the bond shall be reduced to 25% of the actual cost of the work and shall be maintained by the licensee for a period of one-year as a guarantee the work is of good quality and free from any defective or faulty material or workmanship. The surety supplying the bond must be an "admitted surety insurer," as defined in Code of Civil Procedure § 995.120, authorized to do business in the State of California. Return of the bond shall be conditioned upon the licensee’s faithful performance of all work in the public rights-of-way specified in the applicable permit. In the event the licensee fails to comply with any provision of this chapter related to the work, or any provision of any applicable right-of-way agreement, permit or other approval related to the work, there shall be recoverable from the bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, cost of removal or abandonment of any property of the licensee, plus a reasonable allowance for attorneys’ fees and costs up to the full amount of the bond.

(B) Neither the provisions of this section nor any damage recovered by the city hereunder shall be construed to excuse the licensee’s faithful performance of any right-of-way agreement or limit the liability or damages of the licensee under this chapter, either to the full amount of the bond or otherwise.

(`78 Code, § 12.32.120.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.130 Use of facilities; changes in use.

The licensee’s facilities shall be placed, constructed, owned, controlled, operated, managed and used solely and exclusively for the purpose(s) and use(s) expressly set forth in the licensee’s right-of-way agreement. Licensee shall not in any way use, or authorize or allow another person to use, any facility subject to licensee’s right-of-way agreement for any purpose or use other than the purpose(s) and use(s) expressly set forth in the right-of-way agreement.

(`78 Code, § 12.32.130.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.140 Transfer of agreement or facilities.

The execution of a right-of-way agreement is a privilege to be held in personal trust by licensee. Subject to applicable law, no right-of-way agreement or any facility permitted thereunder shall be sold, leased, licensed, assigned, disposed of or otherwise transferred, in whole or in part, either by involuntary or voluntary sale, merger, consolidation, stock transfer, transfer in trust or otherwise without the prior written consent of the city and then only under such conditions as may be prescribed therein. A sale or transfer of stock, assets or other equitable interests of licensee, or of any parent, subsidiary or other affiliate or licensee, which effects a material change in licensee’s ownership or control, as determined by the city, shall be deemed to be a transfer for purposes of this section. Any transfer shall be made only by an instrument in writing, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the City Clerk within 30 days after any such transfer or assignment. The consent of the City Council to a transfer may not be arbitrarily refused. Any proposed transferee must show responsibility and capability as determined by the City Council and must agree to comply with all provisions of the right-of-way agreement and this chapter. No consent shall be required for a transfer in trust, mortgage or other hypothecation, in whole or in part, to secure any indebtedness.

(`78 Code, § 12.32.140.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.150 Nonexclusive use; limitations.

(A) Any right-of-way agreement executed under this chapter shall be for the nonexclusive use of the public rights-of-way. By executing a right-of-way agreement, the city does not agree to restrict the number of right-of-way agreements to be executed that cover all or any part of the city for any person in the same business, a competing business or a related business as the licensee.

(B) A right-of-way agreement only authorizes licensee to use the public rights-of-way, and the use of any other public property, whether located within or outside a public right-of-way, is strictly prohibited unless authorized by a separate agreement with the city.

(C) No reference herein, nor in any right-of-way agreement, shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of the property that is the subject of a right-of-way agreement is sufficient to permit its use for the purposes specified in the agreement. Any right-of-way agreement executed under this chapter shall be deemed to grant no more than the rights which the city may have the authority to grant.

(D) Any privilege claimed by licensee in any public right-of-way shall be subordinate to any prior lawful occupancy of the public right-of-way.

(E) Licensee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any right-of-way agreement executed under this chapter or because of its enforcement.

(`78 Code, § 12.32.150.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.160 Facilities – Installation.

(A) Conformance with applicable law. No person shall place, construct, own, control, operate, manage or use any facility in, upon, above, beneath or across any public right-of-way without first obtaining all necessary or required permits, agreements or approvals from the city and all other governmental entities with jurisdiction over the facility or public right-of-way. All facilities shall be maintained in compliance with such permits, agreements or approvals and all applicable statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body, agency or court.

(B) Time, place and manner. All facilities shall be located, constructed, operated and maintained in the time, place and manner that causes the least interference with the public’s use of the public rights-of-way and the rights or reasonable convenience of property owners who adjoin the public rights-of-ways, all as determined by and approved by the city’s Public Works Director in conformance with Chapters 12.04, 12.08 and 12.12.

(C) Key map and improvement plan. Every person subject to this chapter shall cause a key map and detailed improvement plan showing all facilities to be located in the public rights-of-way, including the material of construction and horizontal and vertical locations with respect to property lines and grade lines to be prepared by a registered professional civil engineer and filed in the office of the Public Works Director prior to the issuance of any permit or approval for installation. The requirement that the key map and detailed improvement plan be prepared by a registered civil engineer may be waived if the City Engineer determines that the proposed work is minor in nature, low in complexity and limited in size and impact. Prior to requesting the issuance of a permit for installation of any facility, the key map and detailed improvement plan shall be filed with any other entity that owns, operates or manages facilities in the affected rights-of-way so that such entities may advise the City Engineer as to any location, operation or compatibility problems created by licensee’s proposed use of the rights-of-way.

(D) Disclosure. Upon the request of any person who has contracted to perform work on a public right-of-way, persons subject to this chapter shall provide accurate detailed information regarding the location of their existing and proposed facilities in the public rights-of-way.

(E) Undergrounding. In those areas and portions of the city where the transmission or distribution facilities of any person providing telephone service, cable service or electric service are underground or hereafter may be placed underground, all other facilities shall be constructed, operated and maintained underground.

(F) Pole attachments. Where existing poles or other wire-holding structures are available for use, the City Council may require such poles and structures to be used if it determines that the public convenience would be enhanced thereby and the terms of the use are just and reasonable.

(`78 Code, § 12.32.160.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.170 Facilities – Relocation; removal.

Every person subject to this chapter shall, at its expense, protect, support, temporarily disconnect, relocate or remove from any public right-of-way any facility of the person when required by the Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, street light facilities, traffic signal facilities, tracks or any other public use of the public rights-of-way.

(`78 Code, § 12.32.170.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.180 Facilities – Abandonment; removal.

(A) Notice of removal. In the event the use of any facility is discontinued for any reason for a continuous period of six months, or in the event any facility has been installed in any public right-of-way without complying with the requirements of this chapter, or in the event the required right-of-way agreement is terminated, canceled or expired, the owner of such facility shall promptly, upon being given 30 days prior notice, remove from the public rights-of-way all such facilities, other than any which the Director of Public Works may permit to be abandoned in place. In the event of such removal, the area from which such facility has been removed shall be promptly restored to a condition satisfactory to the Director of Public Works.

(B) Abandonment. Any facility remaining in place 120 days after the delivery of the notice set forth in this section shall be considered permanently abandoned. The Director of Public Works may extend such time as may be necessary under the circumstances.

(C) "In place" abandonment. Any facility abandoned in place in the public rights-of-way shall be abandoned in such manner as the Director of Public Works shall prescribe. Upon permanent abandonment, the facility shall become that of the city and the owner of such facility shall submit to the Director of Public Works an instrument in writing, to be approved by the City Attorney, transferring ownership of the facility to the city.

(`78 Code, § 12.32.180.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.190 Damage to facilities and public property.

(A) The city, its elected officials, officers, employees and agents shall not be liable for any damage to or loss of any facility placed in, upon, above, beneath or across a public right-of-way unless such damage or loss is caused by the negligence or willful misconduct of the city.

(B) Any damage done directly or indirectly to any public right-of-way or other public property or improvement by any person subject to this chapter shall be promptly repaired, at the person’s sole cost and expense, to the complete satisfaction of the city. Alternatively, the city may, in its sole discretion, choose to perform the repair work itself, in which case the responsible person shall reimburse the city for the full costs of the repair work within 30 days after receiving a statement detailing such costs.

(`78 Code, § 12.32.190.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.200 Indemnification.

Every person subject to this chapter shall defend, indemnify and hold harmless the city, its elected officials, officers, employees and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental body or agency arising out of or incident to any acts, omissions, negligence or willful misconduct of licensee, its personnel, employees, agents or subcontractors in connection with the performance of a right-of-way agreement or the use of any public right-of-way. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of the city as determined by a court or administrative body of competent jurisdiction.

(`78 Code, § 12.32.200.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.210 Insurance.

Every person subject to this chapter shall procure and maintain a policy of general liability insurance as required to insure such person and the city against all liability for personal injury, including accidental death, as well as claims for property damage which may arise from or which concern the activities of the person or the existence of the person’s facilities in the public rights-of-way.

(`78 Code, § 12.32.210.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.220 Violations; penalties; remedies.

(A) Criminal penalties. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or an infraction.

(B) Civil penalties. Any person who violates any provision of this chapter or who breaches a right-of-way agreement executed under this chapter shall be liable to the city for a civil penalty of $1,000. For continuing violations or breaches, each day a violation or breach continues shall be deemed a separate violation or breach subject to an additional civil penalty.

(C) Termination. If a licensee breaches a right-of-way agreement executed under this chapter, the city may, following reasonable notice, an opportunity to cure and a hearing, terminate the right-of-way agreement or reduce the term of the agreement.

(D) Cumulative remedies. The remedies under this section are non-exclusive and cumulative and shall be in addition to any other remedy the city may have at law or in equity.

(`78 Code, § 12.32.220.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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12.32.230 Rights reserved to the city.

(A) Nothing in this chapter shall contract away, modify, abridge, impair or affect, in any way, to any extent, the right of the city to acquire any facility located in the public rights-of-way through the exercise of the right of eminent domain.

(B) There is reserved to the city every right and power which is required to be reserved or provided by any ordinance of the city, and every person subject to this chapter, by its use of the public rights-of-way, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.

(C) Neither the execution of a right-of-way agreement nor any provisions of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city, including the city’s authority to make any proper public use of the public rights-of-way.

(D) The Council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter.

(E) The city shall have the right to supervise all construction or installation work performed subject to the provisions of this chapter and make such inspections as it finds necessary to ensure compliance with the terms of this chapter, a right-of-way agreement or any other local, state or federal law, regulation, permit or standard.

(`78 Code, § 12.32.230.) (Ord. 2458 § 2, 2000; Ord. 2418 § 1, 1999.)

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