San Bernardino Municipal Code Ch. 14.04 General Regulations

It is unlawful for any person, firm or corporation to exercise any privilege or franchise; to lay or maintain any pipes or conduits in or under any public street or alley in the city for the transmission of gas, water, heat, steam or other substance; or to exercise any franchise or privilege for the erection or maintenance, in or upon any public street or alley in the city, of any telephone, telegraph, electric light or power poles, wires or system, or for the erection of any pole or wire for the purpose of transmitting electrical energy or current, without first having procured a franchise to do so, unless such person, firm or corporation is entitled to do so by direct and unlimited authority of the California Constitution or the laws of the U.S. Constitution.

(Ord. 541, passed 11-10-1913)

Any person desiring to procure a franchise for any of the purposes mentioned in § 14.04.010 shall make application therefor in accordance with the procedural requirements set forth in the Franchise Act of 1937 (Cal. Public Utilities Code, §§ 6201 et seq.) and as amended.

(Ord. 541, passed 11-10-1913; Ord. 2162, passed 2-19-1957; Ord. MC-1135, passed 12-18-2002)

The Mayor and City Council may grant a franchise, subject to any restrictions, terms and conditions (including compensation), without limitation, that they deem to be in the best interests of the city. The Mayor and City Council may refuse to grant a franchise, when, in their opinion, the granting of any such franchise will not be in the best interests of the city.

(Ord. 541, passed 11-10-1913; Ord. MC-1135, passed 12-18-2002)

Any person, firm or corporation exercising or attempting to exercise any franchise for any of the purposes mentioned in § 14.04.010, or laying or maintaining any pipes or conduits in or upon any street in the city, for the transmission of gas, water, heat, steam or other substance, or erecting any telephone, telegraph or electric light or power poles, wires or system, within the city, in violation of any provision of this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. In addition, any person, firm or corporation exercising or attempting to exercise any franchise for any of such purposes after a franchise or license (issued pursuant to this chapter) has expired shall be subject to a civil penalty of three times the compensation required under the expired franchise or license prorated on a “per day” basis. Such civil penalty shall be in addition to any other terms and conditions set out in the franchise or license, and shall not, in any way, limit or otherwise restrict any other legal or equitable remedy available to city.

(Ord. 541, passed 11-10-1913; Ord. MC-460, passed 5-15-1985; Ord. MC-1135, passed 12-18-2002)

If a franchise is to expire within 60 days according to the franchise terms, and a new franchise has been requested, but has not yet been granted, the franchisee may request the Mayor and City Council to issue the franchisee a written revocable license, for a renewable term not to exceed 120 days from the expiration of the franchise, permitting the franchisee to continue to locate its existing facilities in or upon public property in the city during the term of the license. The Mayor and City Council may issue such a revocable license, subject to any restrictions, terms and conditions (including compensation), without limitation, that they deem to be in the best interests of the city. Nothing herein requires the Mayor and City Council to grant such a revocable license, nor does the issuance of such a revocable license require that the Mayor and City Council grant the franchisee a new franchise. Upon request of the franchisee, the City Clerk shall provide a revocable license application form.

(Ord. MC-1135, passed 12-18-2002)