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ORDINANCE NO. 5115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA,
DECLARING
THAT
DOCUMENT
ENTITLED
“2024
AMENDMENTS TO CHAPTER 46, DIVISION 1” TO BE A PUBLIC RECORD;
AMENDING THE CODE OF THE CITY OF CHANDLER, CHAPTER 46,
(ENCROACHMENTS AND OTHER USES IN THE PUBLIC RIGHT-OF-
WAY),
BY
AMENDING
DIVISION
1
(GENERAL
PROVISIONS
APPLICABLE TO ALL ENCROACHMENT PERMITS) TO ESTABLISH A
RIGHT OF WAY TEMPORARY USE MANAGEMENT PROGRAM;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL
OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council of the City of Chandler wishes to establish a right of way temporary
use management program to promote public health, safety, and welfare in the right of way and to
manage temporary roadway restrictions to minimize delays and inconvenience to the traveling
public; and
WHEREAS, the right of way temporary use management program will enhance planning,
administration, and oversight of traffic control management in temporary work areas in roadways,
sidewalks, and other public transportation facilities; and
WHEREAS, these provisions, procedures, and processes are not intended to supplant Council
approval as may be required by the City Charter or that relate to or involve non-routine matters of
public interest or public policy.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That the Chandler City Code Chapter 46 (Encroachments and Other Uses In The
Public Right-of-Way), Division 1 (General Provisions Applicable to All
Encroachment Permits) is hereby amended to read as follows (additions in ALL
CAPS, deletions in strikeout):
Section 2.
That certain document known as the “2024 Amendments to Chap. 46, Division 1”
one paper copy and one electronic copy of which shall remain on file in the office
of the City Clerk, is hereby declared to be a public record.
Section 3.
That the Chandler City Code, Chapter 46, Encroachments and Other Uses In The
Public Right-of-Way, is hereby amended by adoption of the amendments set forth
in "2024 Amendments to Chap. 46, Division 1,” said document having been
declared to be a public record.
Section 4.
Effective Date.
The provisions of this Ordinance shall be effective 30 days after final adoption.
Ordinance No. 5115
Page 2
Section 5.
Providing for Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Section 6.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this _____ day of December 2024.
ATTEST:
____________________________
____________________________
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona this _____ day
of December 2024.
ATTEST:
____________________________
____________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5115 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of December, 2024, and that a quorum was present thereat.
____________________________
CITY CLERK
APPROVED AS TO FORM:
____________________________
CITY ATTORNEY
Published in the Arizona Republic on:
2024 Amendments to Chap. 46, Division 1
{Public Record for Ordinance No. 5115}
The Chandler City Code Chapter 46 (Encroachments and Other Uses In The Public Right-of-Way),
Division 1 (General Provisions Applicable to All Encroachment Permits), is hereby amended to
read as follows (additions in ALL CAPS, deletions in strikeout):
DIVISION 1. GENERAL PROVISIONS APPLICABLE TO ALL ENCROACHMENT
PERMITS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO A FRANCHISE, LICENSE,
PERMIT, OR AGREEMENT ISSUED UNDER THIS CHAPTER FOR USE OF RIGHT OF
WAY.
46-1.1 PURPOSE AND POLICY
THIS CHAPTER ALONG WITH FEDERAL, STATE, AND OTHER LOCAL LAW
ESTABLISHES POLICY FOR USE OF CITY-OWNED INFRASTRUCTURE, PERMITTED
INFRASTRUCTURE OWNED BY OTHERS, AND CITY MANAGED RIGHT OF WAY:
1.
TO THE EXTENT REASONABLY PRACTICABLE, ISSUE A FRANCHISE,
LICENSE, PERMIT, OR AGREEMENT TO A PERSON FOR USE OF RIGHT OF WAY
ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS;
2.
MANAGE RIGHT OF WAY TO MINIMIZE THE IMPACT AND COST TO
CHANDLER RESIDENTS CAUSED BY USES AND ENCROACHMENTS LOCATED
WITHIN RIGHT OF WAY;
3.
TO THE EXTENT PERMITTED BY LAW, MANAGE RIGHT OF WAY TO
MAXIMIZE EFFICIENT, EFFECTIVE, AND OPTIMAL USE OF PUBLIC RESOURCES
AND SUPPORT ECONOMIC DEVELOPMENT; AND
4.
MANAGE RIGHT OF WAY TO PROMOTE AND PROTECT PUBLIC HEALTH,
SAFETY, AND WELFARE.
46-1.2 AUTHORITY AND ADMINISTRATION
THE CITY MANAGER IS AUTHORIZED AS PROVIDED IN THIS CHAPTER TO
ISSUE
AND
ADMINISTER
FRANCHISE
AGREEMENTS,
MASTER
LICENSE
AGREEMENTS AND ASSOCIATED SITE LICENSE AGREEMENTS, LICENSES,
PERMITS, AND AGREEMENTS TO PERSONS, ASSOCIATIONS, OR CORPORATIONS TO
USE OR INSTALL, OPERATE, OR MAINTAIN FACILITIES IN RIGHT OF WAY.
46-1 46-1.3 Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning,
another division of this chapter provides a different meaning, or an existing license/franchise or
use agreement has specific definitions approved as part of its terms:
Access channel shall mean a channel dedicated in whole or in part for local non-commercial
programming which is not originated by a cable licensee; provided that such access programming
shall not include (i) the retransmission of local television broadcast signals or (ii) programming
produced by persons unaffiliated with the cable licensee under the provisions of Section 612 of
the Cable Act.
ACTIVE WORK MEANS A PERSON(S) ACTIVELY ENGAGED IN MAINTENANCE OR
CONSTRUCTION OR OTHER RELATED ACTIVITY WITHIN RIGHT OF WAY.
Affiliate means any person who owns or controls, is owned by or controlled by, or is under common
ownership or control with licensee.
AGREEMENT MEANS ANY AGREEMENT OR CONTRACT ISSUED BY THE CITY UNDER
THE TERMS AND CONDITIONS OF THIS CHAPTER.
APPLICANT MEANS A PERSON, ITS CONTRACTORS, AGENTS, OFFICERS,
EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENT ORGANIZATION, SUCCESSOR-
IN-INTEREST, PREDECESSOR-IN-INTEREST, OR JOINT VENTURES WHO APPLY FOR
A FRANCHISE, LICENSE, PERMIT, OR AGREEMENT UNDER THIS CHAPTER.
A.R.S. MEANS ARIZONA REVISED STATUTES, AS AMENDED.
Applicant means a person, as defined in this section, who submits a proposal to provide cable
service to the City.
Basic service shall mean the tier that includes the retransmission of local television broadcast
signals.
Cable Act means the Cable Communications Policy Act of 1984, as amended by the Cable
Television Consumer Protection and Competition Act of 1992 and including the
Telecommunication Act of 1996, as the same may be amended from time to time.
Cable license means that ordinance or resolution which contains the right, authority or grant, given
by the City enabling a person to construct, operate and maintain a cable system.
Cable service means the transmission to subscribers of video programming or other programming
service and subscriber interaction, if any, that is required for the selection or use of the video
programming or other programming service.
Cable system means any facility consisting of a set of closed transmission paths and associated
signal generation, reception and control equipment that is designed to provide cable service that
includes video programming and that is provided to multiple subscribers within a community.
Cable system does not include:
(1) A facility that serves fewer than fifty (50) subscribers.
(2) A facility that serves subscribers without using any public street, road or alley.
for purposes of 47 United States Code Section 541(c), to the extent the facility is used in the
transmission of video programming directly to subscribers, unless the extent of the use is
solely to provide interactive on-demand services.
(5) An open video system that complies with 47 United States Code Section 573.
(6) A facil(3) A facility that serves only to retransmit the television signals of one (1) or
more television broadcast stations.
(4) A facility of a common carrier that is subject, in whole or in part, to 47 United States
Code Sections 201 through 276, except that the facility is considered a cable system, other
than ity of an electric utility that is used solely for operating its electric utility system.
City shall mean MEANS the City of Chandler, a municipal corporation of the State of Arizona, in
its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated
form.
City building means a building that is both (a) occupied by the City or owned by the City and (b)
used for municipal purposes.
City Council shall mean MEANS the present governing body of the City or any future Council
constituting the legislative body of the City.
City Manager shall mean MEANS the City Manager of the City of Chandler or the City Manager's
designee.
CODE MEANS CHANDLER CITY CODE, AS AMENDED.
Commercial mobile radio services means two-way voice commercial mobile radio services as
defined by the Federal Communications Commission in 47 United States Code Section 157.
Completion of construction or complete construction shall mean MEANS "satisfactorily complete"
and "fully activate." In each instance, these terms shall mean that strand has been put up and all
necessary cable (including trunk and feeder cable) has been lashed, for underground construction,
that all cable has been laid and trenches refilled, all road surfaces restored and, except as prevented
by weather conditions or delayed because of seasons, landscaping restored; that all amplifier
housings and modules have been installed, that power supplies have been installed, that
construction of the head ends or hubs has been completed and all necessary processing equipment
has been installed; and that any and all other construction necessary for the cable system to be
ready to deliver cable service to subscribers has been completed. Final balancing shall have been
conducted on each otherwise completed segment of the cable system before direct marketing of
that segment begins. It is expected that segments of less than the entire cable system will be
activated and final balanced when completed.
Construction of any segment or of the entire cable system will not be considered complete until
final balance has been conducted on such segment (or in the case of the entire cable system, until
final balancing and proof of performance tests have been conducted on all segments of corrected.)
The term "completion of construction" does not include marketing and installation of subscriber
service.
Days shall mean MEANS calendar days, unless otherwise specified.
Department means that Department, Division or City employee to whom responsibility for the
administration of this chapter has been delegated by the City Manager. Generally, the Department
will be the designated City Engineer or the Director of the Development Services Department and
persons seeking permits pursuant to this chapter may obtain necessary forms and information from
the permit counter in the Development Services Department.
Downtown means the land area bounded by Chandler Boulevard on the north, Frye Road on the
south, Dakota Street on the west and the Union Pacific railroad tracks on the east.
Downtown business means a commercial establishment in the downtown.
Encroach or encroachment MEANS includes, but is not limited to, the performance of any of the
following acts:
(1) Excavating, filling or disturbing the surface.
(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail,
wall, loading platform, news stand, mailbox, pipe, conduit, wire or other structure on, over or
under the surface of any public place, highway or watercourse.
(3) Planting any tree, shrub, grass or other growing thing.
(4) Placing or leaving any rubbish, brush, earth or other material of any nature whatsoever.
(5) Constructing, placing, maintaining on, over or under the surface of any public place, right
of way, street, pathway, sidewalk, driveway, curb, gutter, paving or other surface or
subsurface drainage structure or facility, any pipe, conduit, wire, cable or telecommunication
facility.
(6) Traveling by any vehicle or combination of vehicles or object of dimension, weight or
other characteristic prohibited by law without a permit.
(7) Lighting or building a fire.
(8) Constructing, placing, planting or maintaining any structure, embankment, excavation or
other objects adjacent to a right of way or watercourse which causes or will cause an
encroachment.
(9) The application of paint or other marking materials to any pavement or curb.
(10) Providing valet parking, including without limitation the establishment of a valet
parking station and/or a valet parking zone or the storing of downtown business patrons'
vehicles.
Encroachment permit means that document submitted to/and issued by the City in relation to
specific in City right of way related to Chapter 46 activity.
Facilities means the plant, equipment, and property, including but not limited to boxes, poles,
wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under
highways.
FCC means the Federal Communications Commission, or a designated representative.
Fiber optic license means a license related to interstate services and other communication facilities
that are excluded from the definition of "telecommunications" in Division IV of this chapter,
INCLUDING DARK FIBER OR EMPTY CONDUIT INTENDED FOR FUTURE FIBER OPTIC
USE.
Franchise shall mean MEANS the same as defined under Article XIII of the Arizona Constitution.
Gross revenues means all cash, credits, property of any kind or nature, or other consideration, less
related bad debt not to exceed one and one-half (1.5) percent annually, that is received directly or
indirectly by the cable licensee or its affiliates, or any person in which the cable licensee has a
financial interest or that has a financial interest in the cable licensee and that is derived from the
cable licensee's operation of its cable system to provide cable service in the City. Gross revenues
include all revenue from charges for cable service to subscribers and all charges for installation,
removal, connection or reinstatement of equipment necessary for a subscriber to receive cable
service, and any other receipts from subscribers derived from operating the cable system to provide
cable service, including receipts from forfeited deposits, sale or rental of equipment to provide
cable service, late charges, interest and sale of program guides. Gross revenues also include all
income the cable licensee receives from the lease of its facilities located in the streets and public
ways, unless services that the lessee provides over the leased facilities are subject to a transaction
privilege tax of the licensing authority. Gross revenues do not include revenues from commercial
advertising on the cable system, the use or lease of studio facilities of the cable system, the use or
lease of leased access channels or bandwidth, the production of video programming by the cable
licensee, the sale, exchange, use or cablecast of any programming by the cable licensee in the City,
sales to the licensee's subscribers by programmers of home shopping services, reimbursements
paid by programmers for launch fees or marketing expense, license fees, taxes or other fees or
charges that the licensee collects and pays to any governmental authority, any increase in the value
of any stock, security or asset, or any dividends or other distributions made in respect of any stock
or securities.
Highway means a street and public way as defined below.
HOLDER MEANS A PERSON THAT HAS BEEN ISSUED A FRANCHISE, LICENSE,
PERMIT OR OTHER AGREEMENT UNDER THIS CHAPTER.
HOLIDAY RESTRICTION MEANS THE SUSPENSION OF CONSTRUCTION OR
MAINTENANCE ACTIVITIES IN RIGHT OF WAY ADJACENT TO OR THAT SERVES AS
PRIMARY ACCESS TO LARGE COMMERCIAL AREAS OR HOLIDAY EVENTS DURING
THE PERIOD OF NOVEMBER 15 THROUGH JANUARY 1.
Intergovernmental contract means the joint exercise of powers authorized by Arizona Revised
Statutes, Title 11, Chapter 7, Article 3.
Initial activation of cable service shall mean with respect to a particular segment (as defined in
any cable license issued hereunder), or with respect to a group of segments or the entire cable
system, as the case may be, that, all proposed cable services and cable system capabilities as stated
in the cable license are available and/or in place, construction has been completed and the
completed segment or segments in question or the entire cable system, as the case may be, have
been activated.
Initial license shall mean a cable license sought by, or granted to, a person who does not hold a
license. Such person is an "initial licensee."
Licensee means the A person granted a cable license, a fiber optics license and/or a
telecommunications license. UNDER THIS CHAPTER.
Licensing authority means the City of Chandler.
Licensing requirements means the cable television licensing requirements in Division V of this
chapter.
Licensor means the City of Chandler as represented by the City Council, City Manager or their
designee acting within the scope of this authority.
Multiple dwelling units or "MDU" means any adjacent building(s) such as apartments under
common ownership containing more than four (4) dwelling units used as living quarters.
Other programming service means information that a cable licensee makes available to all
subscribers generally.
Outage shall exist whenever licensee's cable system experiences three (3) Subscriber complaints
within any sixty-minute period of "no picture" within the same quarter (¼) section.
MAJOR HOLIDAY MEANS A HOLIDAY LISTED IN A.R.S. § 1-301.
MUTCD MEANS THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES AS
AMENDED BY STATE OF ARIZONA SUPPLEMENTS AND CITY ADDITIONS.
NCHRP 350 GUIDELINES MEANS THE NATIONAL COOPERATIVE HIGHWAY
RESEARCH PROGRAM REPORT 350.
NESC MEANS THE NATIONAL ELECTRICAL SAFETY CODE.
PEAK TRAVEL TIME MEANS THE PERIOD FROM 6:00 A.M. TO 8:30 A.M. AND 4:00 P.M.
TO 7:00 P.M., MONDAY THROUGH FRIDAY, EXCLUDING MAJOR HOLIDAYS; OR AS
OTHERWISE PROVIDED IN THE CITY ENGINEERING & DESIGN STANDARDS
MANUAL.
Permittee means the A person granted an encroachment A permit pursuant to Chapter 46 UNDER
THIS CHAPTER.
Person includes MEANS any individual, partnership, association, corporation, legal entity or
organization of any kind. Whenever used in any clause prescribing a penalty, the term "person" as
applied to partnerships or associations includes partners or members thereof, and if applied to
corporations, the officers thereof. "Person" shall DOES not include a municipal corporation unless
otherwise indicated.
PROJECT VALUATION MEANS THE FAIR MARKET VALUE OF THE WORK, USE, OR
ACTIVITY WITHIN RIGHT OF WAY USED TO DETERMINE THE TRAFFIC CONTROL
PERMIT DEPOSIT AMOUNT.
Public highway or highway means the surface of and the space above and below of any public
road, sidewalk, street and alley.
Public place shall mean MEANS any property owned, maintained or controlled by the City.
Right of way means the same as streets and public ways as defined below.
Service call shall result when service problems occur relating to: (i) any "no picture" complaint,
(ii) a degraded signal or picture on one (1) or more channels, (iii) property damage by licensee's
employees or authorized contractors, or (iv) in-house cable equipment problems.
Service interruption means the loss of picture or sound on one (1) or more cable channels or the
significant deterioration of signal or sound.
Standard SERVICE drop means a cable SERVICE connection that requires no more than a two-
hundred-foot drop measured from the nearest point of a subscriber's CUSTOMER’S home or place
of business to the nearest existing technically feasible point on the cable system from which an
individual subscriber CUSTOMER can be connected to the cable system AND WHERE THE
DROP DOES NOT COMPLETELY CROSS ANOTHER PARCEL. A standard drop involves
only one (1) outlet and standard materials. A standard drop does not include the following (the
cost of which may be assessed directly to the subscriber): (a) a wall fish; (b) custom installation
work, including specific subscriber-requested work that requires non-standard materials or cable
routing that requires construction methods exceeding reasonable underground or aerial work; or
(c) the cost of any equipment or construction modifications necessary to provide an adequate signal
over the standard drop to the subscriber's residence.
Streets and public ways means the surface of and the space above and below any public street,
sidewalk, right of way, alley, easement, or other public way of any type whatsoever, now or
hereafter existing as such within the City.
Subscriber shall mean any person receiving for any purpose the cable television service of a
licensee's cable system
Subscriber complaint means any written or oral complaint by a subscriber to the City that the
subscriber did not receive the cable service that the subscriber requested consistent with the
requirements of this license.
Telecommunications means the transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or content of the information as
sent and received. The term does not include commercial mobile radio services, pay phone
services, interstate services or cable services.
Telecommunications provider means a telecommunications corporation who constructs, installs,
operates and maintains telecommunications facilities in the City.
Telecommunications corporation means any public service corporation to the extent that it
provides telecommunications services in the state.
Telecommunications services means the offering of telecommunications for a fee directly to the
public or to such users as to be effectively available directly to the public, regardless of the facilities
used.
Two-way communication shall mean the transmission of telecommunication signals from
subscriber locations or other points throughout the cable system back to the cable system's control
center as well as transmission of signals from the control center to subscriber locations. A cable
license may authorize switching at a level other than the control center.
User shall mean a party utilizing a cable system channel for purposes of production or transmission
of material to subscribers, as contrasted with receipt in a subscriber capacity.
Valet parking means the service of parking motorized vehicles for patrons of a downtown business.
Valet parking station means the temporary, removable structure located near the valet parking
zone as required by Division VIII of Chapter 46 of the City Code.
Valet parking zone means the area of the right of way where patrons of a downtown business
served by valet parking may disembark from their vehicles.
Video programming means programming that is provided by, or generally comparable to
programming provided by, a broadcast television station.
46-1.4 RIGHTS RESERVED TO CITY
WITHOUT LIMITING THE RIGHTS THE CITY MAY OTHERWISE POSSESS, THE CITY
EXPRESSLY RESERVES THE FOLLOWING RIGHTS, POWERS, AND AUTHORITIES:
A.
TO EXERCISE ITS GOVERNMENTAL POWERS NOW OR HEREAFTER TO THE
FULL EXTENT THAT SUCH POWERS MAY BE VESTED IN OR GRANTED TO THE CITY.
B.
TO DETERMINE ANY QUESTION OF FACT RELATING TO THE MEANING,
TERMS, OBLIGATIONS, OR OTHER ASPECTS OF THIS CHAPTER AND THE
INSTRUMENTS ISSUED UNDER THIS CHAPTER.
C.
TO GRANT MULTIPLE, NONEXCLUSIVE FRANCHISES, LICENSES, PERMITS,
AND AGREEMENTS WITHIN THE CITY TO OTHER PERSONS.
46-1.5 CITY AUTHORITY; CONTINUING JURISDICTION
A.
A PERSON IS SUBJECT TO ALL LAWFUL EXERCISE OF CITY RIGHTS, POWERS,
AND AUTHORITY, INCLUDING ANY AND ALL CHAPTERS, RULES, OR REGULATIONS
THAT THE CITY HAS ADOPTED OR MAY ADOPT, AND ALL LAWS, RULES,
REGULATIONS, ORDERS, AND POLICIES OF THE STATE AND THE UNITED STATES.
IN THE EVENT OF A CONFLICT BETWEEN THIS CHAPTER AND OTHER PROVISIONS
OF THE CITY CODE, THE STRICTER REQUIREMENT APPLIES.
B.
THE CITY POSSESSES CONTINUING JURISDICTION AND SUPERVISION OVER
ANY FACILITIES OR USES LOCATED WITHIN OR ON RIGHTS OF WAY. HOWEVER, IT
IS RECOGNIZED THAT THE DAILY ADMINISTRATIVE, SUPERVISORY, AND
ENFORCEMENT RESPONSIBILITIES OF THE PROVISIONS OF THIS CHAPTER MAY BE
DELEGATED AND ENTRUSTED TO THE CITY MANAGER OR DESIGNEE TO
INTERPRET, ADMINISTER, AND ENFORCE THE PROVISIONS OF THIS CHAPTER, AND
TO
PROMULGATE
STANDARDS
REGARDING
THE
CONSTRUCTION,
RECONSTRUCTION,
RELOCATION,
MAINTENANCE,
DISMANTLING,
ABANDONMENT, OR USE OF THE FACILITIES WITHIN RIGHT OF WAY.
46-1.6 RIGHT OF WAY TEMPORARY USE MANAGEMENT PROGRAM
A.
PURPOSE. THERE IS HEREBY ESTABLISHED A RIGHT OF WAY TEMPORARY
USE MANAGEMENT PROGRAM TO PROMOTE PUBLIC HEALTH, SAFETY, AND
WELFARE IN RIGHT OF WAY AND TO MANAGE TEMPORARY ROADWAY
RESTRICTIONS TO MINIMIZE DELAYS AND INCONVENIENCE TO THE TRAVELING
PUBLIC. THIS RIGHT OF WAY TEMPORARY USE MANAGEMENT PROGRAM IS
INTENDED TO ENHANCE THE PLANNING, ADMINISTRATION, AND OVERSIGHT OF
TRAFFIC CONTROL MANAGEMENT IN ROADWAYS, SIDEWALKS, AND OTHER
FACILITIES RELATED TO THE TRANSPORT OR MOVEMENT OF THE PUBLIC.
B.
TEMPORARY TRAFFIC CONTROL DEVICES. NO PERSON, ORGANIZATION,
PUBLIC UTILITY, OR OTHER ENTITY MAY ERECT OR PLACE ANY BARRIER OR
DEVICE IN RIGHT OF WAY UNLESS THIS TEMPORARY USE IS APPROVED BY THE
CITY TRANSPORTATION ENGINEER OR THEIR DESIGNEE.
C.
PERMIT REQUIRED.
1.
EXCEPT FOR AN EMERGENCY, A PERSON MUST FIRST OBTAIN A
TRAFFIC CONTROL PERMIT TO TEMPORARILY, WHETHER PARTIALLY OR FULLY,
USE FOR ANY PURPOSE, ANY CITY STREET, HIGHWAY, FREEWAY, ALLEY,
BICYCLIST-WAY OR PEDESTRIAN-WAY. FOR AN EMERGENCY, A PERSON MUST
OBTAIN A TRAFFIC CONTROL PERMIT AS SOON AS REASONABLY PRACTICABLE.
2.
ALL TEMPORARY TRAFFIC CONTROL DEVICES WITHIN THE CITY
MUST BE INSTALLED UNDER A TRAFFIC CONTROL PERMIT AS PROVIDED IN THIS
DIVISION AND MUST COMPLY WITH: (i) THE LATEST EDITION OF THE MUTCD, AS
AMENDED BY THE ARIZONA SUPPLEMENT TO THE MUTCD; (ii) THE CITY
ENGINEERING & DESIGN STANDARDS MANUAL, AS AMENDED; AND (iii) NCHRP 350
GUIDELINES. TEMPORARY USE OF THE RIGHT OF WAY WILL NOT BE PERMITTED
DURING MAJOR HOLIDAYS OR NEAR LARGE COMMERCIAL AREAS OR HOLIDAY
EVENTS DURING A HOLIDAY RESTRICTION UNLESS APPROVED BY THE CITY'S
TRANSPORTATION ENGINEER OR DESIGNEE. SIMILARLY, UNLESS OTHERWISE
APPROVED BY THE CITY TRANSPORTATION ENGINEER, TEMPORARY USE OF
RIGHT OF WAY DURING PEAK TRAVEL TIMES WILL SOLELY BE PERMITTED IF THE
PERSON MAINTAINS TWO LANES OF TRAVEL IN EACH DIRECTION AND ALL TURN
LANES REMAIN UNRESTRICTED. THE CITY'S TRANSPORTATION ENGINEER OR
DESIGNEE MAY ALLOW RIGHT OF WAY TEMPORARY USE UNDER OFF-PEAK
CONDITIONS DURING PEAK TRAVEL TIMES IN THEIR SOLE DISCRETION. THE
TEMPORARY USE OF RIGHT OF WAY IS NOT PERMITED WHEN THERE IS NO ACTIVE
WORK.
D.
TRAFFIC CONTROL PERMIT APPLICATION, APPLICATION FEES; REFUNDABLE
DEPOSIT; TIME EXTENSION. WHEN A PERSON SEEKS THE TEMPORARY USE OF
RIGHT OF WAY THE PERSON MUST: (i) FILE A COMPLETE APPLICATION AS
REQUIRED BY THE CITY TRANSPORTATION ENGINEER; (ii) PAY A NON-
REFUNDABLE APPLICATION FEE AS APPROVED BY THE CITY COUNCIL; AND (iii)
PAY A REFUNDABLE DEPOSIT AS APPROVED BY THE CITY COUNCIL.
1.
TRAFFIC
CONTROL
PERMIT
APPLICATION
FEE.
THE
NON-
REFUNDABLE TRAFFIC CONTROL PERMIT APPLICATION FEE WILL BE COLLECTED
IN THE AMOUNT APPROVED BY THE CITY COUNCIL. FOR A COMPLEX TRAFFIC
CONTROL PERMIT APPLICATION, AN APPLICANT MUST PAY AN APPLICATION FEE
IN AN AMOUNT ESTABLISHED BY THE CITY TRANSPORTATION ENGINEER OR
DESIGNEE AS NECESSARY TO RECOVER THE CITY’S REASONABLY RELATED
COSTS TO REVIEW THE APPLICATION INCLUDING, BUT NOT LIMITED TO, THE
COSTS FOR REVIEW BY OUTSIDE CONSULTANTS INCURRED BY THE CITY TO
REVIEW THE APPLICATION AND PROCESS THE PERMIT. THE PERMIT APPLICATION
FEE MUST BE PAID BEFORE ANY TRAFFIC CONTROL PERMIT MAY BE ISSUED. AN
APPLICANT MUST PAY APPLICATION FEES TWICE THE CUSTOMARY AMOUNT IF:
(i) THE APPLICANT FILES AN APPLICATION AND SEEKS TEMPORARY RIGHT OF
WAY USE WITHIN THREE BUSINESS DAYS OF FILING A COMPLETE APPLICATION;
OR (ii) THE APPLICANT SEEKS CONTINUAL CLOSURE (FOR A FULL TWENTY-FOUR
HOURS).
2.
REFUNDABLE DEPOSIT. BEFORE A TRAFFIC CONTROL PERMIT MAY
BE ISSUED, AN APPLICANT MUST PAY AN AMOUNT APPROVED BY THE CITY
COUNCIL AS A REFUNDABLE DEPOSIT FOR THE TEMPORARY USE OF RIGHT OF
WAY. THE CITY COUNCIL MAY, BUT IS NOT REQUIRED TO, DETERMINE THE
DEPOSIT AMOUNT BASED ON PROJECT VALUATION AS DEFINED IN THIS DIVISION.
THE DEPOSIT AMOUNT IS FULLY REFUNDABLE TO A HOLDER IF ALL PERMITTED
TEMPORARY USE IS COMPLETED AS REQUIRED BY THE TRAFFIC CONTROL PERMIT
TERMS AND CONDITIONS. THE DEPOSIT AMOUNT REFUNDED TO HOLDER WILL BE
REDUCED BY 5% OF THE ORIGINAL AMOUNT PER DAY FOR EVERY CALENDAR
DAY AFTER THE TRAFFIC CONTROL PERMIT EXPIRATION DATE, NOT TO EXCEED
20 CALENDAR DAYS, FOR WHICH THE HOLDER HAS NOT COMPLIED WITH THE
TRAFFIC CONTROL PERMIT TERMS AND CONDITIONS. NO AMOUNT OF THE
DEPOSIT WILL BE REFUNDED TO A HOLDER IF THE TEMPORARY USE (INCLUDING,
BUT NOT LIMITED TO, TRAFFIC CONTROL DEVICES AND EQUIPMENT) REMAINS IN
RIGHT OF WAY 20 DAYS OR MORE AFTER THE PERMIT EXPIRES.
3.
TIME EXTENSION. THE CITY TRANSPORTATION ENGINEER OR
DESIGNEE MAY GRANT A TIME EXTENSION FOR A TRAFFIC CONTROL PERMIT. A
HOLDER THAT SEEKS AN EXTENSION MUST PAY AN ADDITIONAL PERMIT
APPLICATION FEE BEFORE A PERMIT EXTENSION MAY BE ISSUED TO THE HOLDER.
E.
CITY-OWNED PROJECT. A PERSON WHO USES THE RIGHT OF WAY FOR A
CITY-OWNED PROJECT MUST COMPLY WITH THIS DIVISION AND OBTAIN ALL
NECESSARY PERMITS AND CERTIFICATIONS. PROVIDED; HOWEVER, A TRAFFIC
CONTROL PERMIT APPLICATION FEE AND TRAFFIC CONTROL PERMIT DEPOSIT DO
NOT APPLY TO A CITY-OWNED PROJECT.
46-1.7 TOP OF GROUND SERVICE DROP PROHIBITED
A SERVICE DROP MUST NOT BE INSTALLED ON TOP OF THE GROUND AND AN IN-
GROUND SERVICE DROP MUST COMPLY WITH THE NESC OR AS OTHERWISE
PROVIDED IN THE CITY ENGINEERING & DESIGN STANDARDS MANUAL,
WHICHEVER STANDARD IS STRICTER.
46-1.8 ENFORCEMENT OF CODE VIOLATIONS; CIVIL INFRACTIONS
A. AUTHORITY AND ADMINISTRATION. THE CITY MANAGER IS AUTHORIZED TO
ISSUE NOTICES OF VIOLATION OF THIS CHAPTER AND MAY TAKE THOSE
MEASURES NECESSARY TO PROMOTE, PRESERVE, AND PROTECT PUBLIC HEALTH,
SAFETY, AND WELFARE WITHIN RIGHT OF WAY. THE CITY MANAGER MAY ISSUE
A WARNING FOR A PERSON’S FIRST VIOLATION UNDER THIS CHAPTER. THE CITY
MANAGER MAY ISSUE NOTICE OF VIOLATION TO A HOLDER’S CONTACT PERSON
LISTED IN THE FRANCHISE, LICENSE, PERMIT, OR AGREEMENT.
B. CIVIL INFRACTIONS. THE FOLLOWING CODE VIOLATIONS MAY RESULT IN A
CIVIL INFRACTION THAT IS ENFORCED AS PROVIDED IN CODE SECTION 1-8. THE
AMOUNT OF THE CIVIL INFRACTION LISTED IS THE AMOUNT PER DAY FOR A CODE
VIOLATION.
1. A PERSON’S FAILURE TO TAKE NECESSARY STEPS TO PROTECT,
PROMOTE PUBLIC SAFETY WITHIN 24 HOURS AFTER NOTICE OF AN ACT,
ERROR, OR OMISSION BY THE PERSON, THE PERSON’S AGENTS,
EMPLOYEES, OR CONTRACTORS THAT CAUSES AN IMMINENT RISK OF
DEATH, HARM, OR INJURY TO PERSONS OR PROPERTY. $1800.00
2. THE USE OF RIGHT OF WAY FOR MORE THAN 30 MINUTES BY A PERSON
WHO DOES NOT POSSESS A CITY ISSUED TRAFFIC BARRICADE
CERTIFICATION OR A CITY ISSUED TRAFFIC CONTROL PERMIT OR A CITY
APPROVED TRAFFIC CONTROL PLAN. $1200.00
3. A PERSON’S FAILURE TO CORRECT OR CURE VIOLATIONS WITHIN THE
TIME PERIOD STATED IN A WARNING. $1200.00
4. A PERSON’S USE OF RIGHT OF WAY AT A SIGNALIZED INTERSECTION
WITHOUT ACTIVE WORK OCCURRING OR WITHOUT A SWORN POLICE
OFFICER PRESENT. $1200.00
5. A PERSON INSTALLS A SERVICE DROP ON TOP OF GROUND OR A PERSON
INSTALLS AN IN-GROUND SERVICE DROP THAT DOES NOT COMPLY WITH
THE NESC OR AS OTHERWISE STATED IN THE CITY ENGINEERING &
DESIGN STANDARDS MANUAL, WHICHEVER STANDARD IS STRICTER.
$1200.00
6. A PERSON’S FAILURE TO COMPLY WITH A CONDITION, LIMIT, TIME, OR
LOCATION OF TRAFFIC CONTROL PERMIT. $600.00
7. A PERSON’S FAILURE TO INSTALL ADVANCE WARNING SIGNS OR USE OF
UNAUTHORIZED ADVANCE WARNING SIGNS IN RIGHT OF WAY. $600.00
8. A PERSON’S FAILURE TO INSTALL BARRICADES OR OTHER TRAFFIC
CONTROL DEVICES OR USE OF UNAUTHORIZED BARRICADES OR OTHER
TRAFFIC CONTROL DEVICES. $600.00
9. A PERSON’S FAILURE TO REMOVE ADVANCE WARNING SIGNS FACING
TRAFFIC OR TO REMOVE OTHER TRAFFIC CONTROL DEVICES AFTER THE
TRAFFIC RESTRICTION NO LONGER APPLIES OR THE TRAFFIC CONTROL
PERMIT HAS EXPIRED. $300.00
10. A PERSON’S USE OF RIGHT OF WAY THAT RENDERS A SIDEWALK
INACCESSIBLE OR CLOSES A BIKE LANE OR CLOSES A SHARED USE PATH
AND FAILS TO COMPLY WITH THE TRAFFIC BARRICADE MANUAL. $300.00
11. A PERSON’S USE OF RIGHT OF WAY THAT RENDERS A BUS STOP
INACCESSIBLE AND FAILS TO COMPLY WITH THE TRAFFIC BARRICADE
MANUAL. $300.00
C. SUSPENSION OF FRANCHISE, LICENSE, PERMIT, OR AGREEMENT.
1. IN ADDITION TO OR IN PLACE OF THESE CIVIL INFRACTIONS, THE CITY
MANAGER MAY SUSPEND FOR 30 DAYS THE SUBJECT FRANCHISE, LICENSE,
PERMIT, OR AGREEMENT.
2. IN ADDITION, THE CITY MANAGER MAY SUSPEND FOR 90 DAYS THE
SUBJECT FRANCHISE, LICENSE, PERMIT, OR AGREEMENT FOR A PERSON’S
FAILURE TO CURE WITHIN FIVE BUSINESS DAYS AFTER NOTICE OF FALSE,
INCOMPLETE, MISTAKEN, MISLEADING OR INACCURATE INFORMATION OR
CERTIFICATION BY HOLDER OR APPLICANT, ITS AGENTS, EMPLOYEES, OR
CONTRACTORS TO OBTAIN A FRANCHISE, LICENSE, PERMIT, OR AGREEMENT
UNDER THIS CHAPTER.
D. CIVIL ACTION FOR VIOLATIONS.
1. THESE REMEDIES ARE CUMULATIVE AND THE CITY MAY PROCEED
UNDER ONE OR MORE REMEDIES.
2. A PERSON WHO CAUSES, PERMITS, FACILITATES, OR AIDS OR ABETS A
VIOLATION OF THIS CHAPTER OR WHO FAILS TO PERFORM AN ACT OR DUTY
REQUIRED BY THIS CHAPTER IS SUBJECT TO A CIVIL INFRACTION OF NOT
LESS THAN $300.00 NOR MORE THAN $2500.00. THE $300.00 MINIMUM
INFRACTION MAY NOT BE WAIVED.
3. EACH DAY A VIOLATION OF A PROVISION OF THIS CHAPTER OR A
PERSON’S FAILURE TO PERFORM AN ACT OR DUTY REQUIRED BY THIS
CHAPTER CONSTITUTES A SEPARATE VIOLATION OR OFFENSE.
4. A CIVIL ACTION TO ENFORCE A CIVIL INFRACTION IMPOSED UNDER THIS
CHAPTER MAY BE COMMENCED AND SUMMONS ISSUED IN ACCORDANCE
WITH THE PROCEDURES SET FORTH IN THE A.R.S., CITY ORDINANCE, OR AS
PROVIDED IN THE LOCAL RULES OF PRACTICE AND PROCEDURE, CITY
COURT, CITY OF CHANDLER.
5. AN AGGRIEVED PERSON MAY APPEAL A VIOLATION OR CIVIL
INFRACTION ISSUED BY THE CITY UNDER THIS CHAPTER AS PROVIDED IN
CODE SECTION 1-7. AN AGGRIEVED PERSON MUST FILE A WRITTEN APPEAL
WITHIN 30 DAYS OF THE NOTICE OF VIOLATION DATE OR WITHIN 30 DAYS
FROM THE DATE THAT CIVIL INFRACTIONS ARE IMPOSED.