TITLE XI:  BUSINESS REGULATIONS

Chapter
110  ALCOHOLIC BEVERAGES
111.  PEDDLERS AND SOLICITORS

112.  TAXICABS
113.  CABLE TV REGULATION
114.  TELECOMMUNICATIONS



CHAPTER 110:  ALCOHOLIC BEVERAGES
(Repealed: 07/02/2001)



CHAPTER 111:  PEDDLERS AND SOLICITORS

Section
111.01 Definitions


Licensing Requirements
111.15  License required

111.16  Application for license
111.17  Exempt from license requirements
111.18  License fees
111.19  Exempt persons

Prohibited Acts and Practices
111.20  Prohibited conduct
111.30  Uninvited entry prohibited

111.31  Obstruction of public ways and areas
111.32  Fixed stands prohibited
111.33  Curb service prohibited
111.34  Shouting or use of other devices to attract attention

Penalty and Procedures
111.40  Violations and penalty


Severability
111.50  Severability


Types of Licenses
111.60  Standard License

111.61  Special-Use License
111.62  Event License
111.63  General Peddler/Solicitor License

Posting of Required Licenses and Permits
111.70  Required Posting of City License
111.71  Required Posting of Other Licenses/Permits

Review of Application, Approval/Denial, Issuance
111.80  Review of Application
111.81  Approval
111.82  Denial
111.83  Issuance

Safety and Inspections
111.90  Safety
111.91  Inspections


§ 111.01  DEFINITIONS.
PEDDLER 
is defined as any person traveling by foot, automotive vehicle or other conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, foods, meats, fish, vegetables, fruits, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from an automotive vehicle, or other vehicle or conveyance. Any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provision of this chapter, shall be deemed a PEDDLER. The word PEDDLER shall include the words HAWKER and HUCKSTER.


SOLICITOR is defined as any individual, whether a resident of the City or not, traveling either by foot, automobile, vehicle, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, foods, books, magazines, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, and shall include any person who is soliciting funds or personal property by donation and/or for himself or any secular of religious organization. The word SOLICITOR shall include the word CANVASSER.

TRANSIENT MERCHANT is defined as any person whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City; and who in the furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, box car, trailer or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise either privately or at public auction. This definition shall not include any person who while occupying such temporary location, does not sell from stock, does not take deposits, but exhibits samples only for the purpose of securing orders for future delivery. The word TRANSIENT MERCHANT shall include the words ITINERANT MERCHANTS, CONCESSION STAND OPERATORS, FOOD TRUCK OPERATORS, or ITINERANT VENDORS.

FIXED STAND
is defined as any type of cart, stand, truck, trailer, or other similar structure that is used to merchandise goods from a fixed location.
(Ord. 165, passed 1-4-82; Am. Ord. 172, passed 10-2-84; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15)


LICENSING REQUIREMENTS
§ 111.15  LICENSE REQUIRED.
No person covered by the Ordinance shall engage in the business of peddler, hawker, huckster, solicitor, transient merchant, itinerant merchant, itinerant vendor in the City without first obtaining a license issued by the City.  Applications for City issued licenses shall be available at City Hall and must fully be completed by the applicant and turned into City Hall staff for consideration.  Decisions regarding the approval or denial of license applications are to be made by the City Manger.  Appeals of license applications denials shall be made in writing and are to be decided by a majority vote of the City Council.

(Ord. 165, passed 1-4-82; Am. Ord. 172, passed 10-2-84; Am. Ord. 258, passes 6-21-99; Am. Ord. 258, passed 4-20-15) Penalty, see §111.40

§ 111.16  APPLICATION FOR LICENSE.
The license applicant, under the provisions of this chapter, shall furnish the following information:


(A)  Name of the applicant, including date of birth, social security number, and driver’s license number.

(B)  Permanent home address and full local address of the applicant, along with contract information, such telephone number and/or email address.

(C)  Name of any business or organization that may be associated with the applicant's use of the license, if granted, including the full address and contact information for any such entity.

(D)  If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(E)  A brief description of the nature of the business and the goods to be sold.

(F)  The length of time for which the right to do business is desired, including specific dates.

(G)  A site plan showing the place or places where the goods or property are proposed to be sold or offered for sale, as well as a general listing of the type of goods to be offered, and the proposed method of delivery of goods after purchase.  The site plan also must show the location and size of any trucks, trailers, carts, or stands proposed to be used, and applications involving the proposed use of fixed stands must also include in the site plan any buildings, structures, signs, roads, driveways, waste receptacles, restrooms, and parking areas in and around the area of proposed use.

(H)  A copy of the applicant's driver's license of state identification card: or, if the photograph on the license/I.D. card is no longer an accurate likeness of the applicant. a photograph of the applicant, no less than two inches by two inches, taken within 60 days prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinguishing manner.

(I)  The names and contact information of at least two reliable property owners of the county, who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.

(J)  A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefore, with such statement being sworn and attested to before a notary public.

(K)  If the application proposes to handle or sell food or other items for human consumption, the applicant shall provide proof of any required health license/s issued by the local Health Department or Michigan Department of Agriculture, or a written explanation as to why the applicant contends that such licenses are either not required or not yet available for inspection.

(L)  An indication as to which type of license is being sought:  Standard License, Special-Use License, Event License, or General Peddler/Solicitor License.

(M)  A statement, sworn and attested to before a notary public, indicating that the applicant has read this Ordinance in its entirety and agrees to comply with all provisions stated therein.
(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15)

§ 111.17  EXEMPT FROM LICENSE REQUIREMENTS.
If a peddler, solicitor, or transient merchants is exempt from the licensing provisions of this Ordinance, they shall still be required to complete and sign the permit and solicitor's application prior to peddling, soliciting or merchandising goods in the City.

(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15)

§ 111.18  LICENSE FEES.
Aside from those persons otherwise exempted from such fees by state or federal law, all persons, corporations, co partnership or firms who are now engaged, or who intend to engage in the business of peddling or soliciting, or merchandising goods within the corporate limits of the City, shall pay to the City a license fee to engage in that business according to the following schedule,unless an application for waiver of said fees is completed by a non-profit organization and then approved
by a majority vote of the City Council:

Time Period License Fee 
Standard License                  $10 per day
Special-Use License $25 per day 
Event License  $50 per event 
Standard Peddler/Solicitor License          $10 per day "or" $50 for six month license

(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15)

§ 111.19  EXEMPT PERSONS.
The following shall be exempt from the licensing requirements of this chapter, but shall be subject to the other provisions hereof:


1.  Farmers or truck gardeners selling or offering for sale, any products grown, raised or produced by them.

2.  Persons under 18 years of age, when engaged in peddling or soliciting on foot in the neighborhood of his or her residence under the direct supervision of an Ogemaw County school and/or a recognized charitable or religious organization. Children under the age of 14 must be accompanied by a parent or adult. Accompaniment requires a physical presence within 100 feet of said child by the parent or adult.

3.   A person conducting a catalog party or other similar type of solicitation that occurs entirely inside a business or residence, provided that the person conducting the solicitation has secured advance permission to conduct the solicitation from the party with a possessory interest in the location where the indoor solicitation is to occur, and also provided that such solicitation does not consist of door-to-door or cold-call types of solicitation.

4.   Members of churches, synagogues, mosques, and other religious organizations when such soliciting is solely for the benefit of the respective religious organization.

5.   Members of fraternal or charitable organizations, when such soliciting has been approved by and is done on behalf of the respective fraternal organization or charitable organization.

6.   A person soliciting exclusively to canvass or petition for a public official, political candidate, public policy or initiative being promoted for purposes of public referendum, initiative, or election.  These persons shall remain subject to the other provisions of this ordinance.

7.   Any person who is exempt from such license under the terms of state or federal law. These persons shall remain subject to the other provisions of this ordinance except as to those provisions which may be preempted by state or federal law.  (See also MCL 35.441, et seq.).
(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15)


PROHIBITED ACTS AND PRACTICES
§ 111.20  PROHIBITED CONDUCT.
The following conduct, in addition to any other prohibitions imposed by this Ordinance, shall be prohibited and shall be punishable as a violation of this Ordinance.


1.  Entering a private residence under pretenses other than for soliciting or peddling.

2. Remaining in a private residence or on the premises thereon after the owner or occupant thereof has requested any such person to leave.

3.  Going in and upon the premises of a private residence by such person to solicit or peddle when the owner or occupant thereof has displayed a "no soliciting" or "no peddling" sign on such premises.

4.  Soliciting or peddling at a private residence prior to 10:00 a.m. or after official sunset time, or at any time on a Sunday, or on a State or national holiday.
(Ord. 258, passed 6-21-99) Penalty, see §111.40

§ 111.30  UNINVITED ENTRY PROHIBITED.

§ 111.31  OBSTRUCTION OF PUBLIC WAYS AND AREAS.
No person covered by the Ordinance shall, in the sale of goods, wares and merchandise, obstruct any street, alley, sidewalk or driveway, or remain, barter, sell, offer or expose for sale any goods, wares, or merchandise in front of or at the side of any property against the wish or desire of the property owner or the tenant or occupant of such property. No person covered by the Ordinance shall engage in peddling on any street, alley or public place after having been requested to desist by any police officer of the City because of congested or dangerous traffic conditions.  All holders of Special-Use and/or Event Licenses remain subject to this provision and are required to take any precautions necessary to ensure continued compliance.

(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15) Penalty, see §111.40

§ 111.32  FIXED STANDS PROHIBITED ABSENT PROPER LICENSE.
No person covered by the Ordinance shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale to a customer wishing to buy, unless said person is in possession of a valid Special-Use or Event License allowing for such action.  Any person operating under a Standard Peddler/Solicitor License covered by the Ordinance using a vehicle, trailer or any sort of conveyance, when stopped, shall place his vehicle parallel to and within 12 inches of the curb and shall depart from such place as soon as he has completed sales with customers actually present.

(Ord. 165, passed 1-4-82; Am Ord 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15) Penalty, see §111.40

§ 111.33  CURB SERVICE PROHIBITED.
No person covered by the Ordinance shall operate or maintain any stand, vehicle, store or place of business on or near any highway in such a manner that the customers of or traders with such person occupy or congregate within the limits of any street, highway or public place within the City, unless said person is in possession of a valid Special-Use or Event License allowing for such action.  No person covered by the Ordinance shall be permitted to use the streets, alleys or public places of the City for the service of customers or for the transaction of business, or to use any stands, stores or other places of business in any manner that shall require the customer, when transacting the business, to stand within the limits of the streets, highways, alleys, or public places of the City, except as provided for a section 94.4-94.99 of the City Code (sidewalk sales),or where a valid Special-Use or Event License allows such action..

(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15) Penalty, see §111.40

§ 111.34  SHOUTING OR USE OF OTHER DEVICES TO ATTRACT ATTENTION.
No person covered by the Ordinance shall shout or cry out his goods or merchandise, nor blow any horns, or use any other similar device to attract the attention of the public, absent special permission approved in advance by a majority vote of the City Council.

(Ord. 165, passed 1-4-82; Am. Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-15) Penalty, see §111.40

PENALTY AND PROCEDURES
§ 111.40  VIOLATIONS AND PENALTY.
Each day that a violation continues shall constitute a separate violation punishable as a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 258, passed 6-21-99; Am. Ord. 01-04, passed 6-18-01)


SEVERABILITY
§ 111.50  SEVERABILITY.
The invalidity of any clause, sentence, paragraph or part of this Ordinance shall not affect the validity of the remaining parts of this Ordinance.

(Ord. 258, passed 6-21-99)


TYPES OF CITY-ISSUED LICENSES AVAILABLE
§ 111.60  STANDARD LICENSE
A Standard License for peddling, soliciting, or merchandising goods within the City may be granted, upon approval by the City Manager or his/her designee, with license fees of $10.00 per day.  Any such license is subject to the following provisions:


(A) Any trucks, trailers, carts, or other such stands operating under a Standard License shall not be placed upon public property, including public parks, streets, alleys, sidewalks, parking lots, or parking spaces.

(B) Any person placing a truck, trailer, cart, or other such stand upon private property must have permission from the owner and/or tenant of such property, and must also comply with section 111.31 of this Ordinance.

(C) Any Standard License that involves the placement of a truck, trailer, cart, or other such stand upon private property may be approved for a 14-day period only, and not less than 14 days shall elapse between the end of one license and the beginning of another license involving the same general location.
(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40

§111.61 SPECIAL-USE LICENSE
A Special-Use License for peddling, soliciting, or merchandising goods within the City may be granted, upon approval by the City Manager or his/her designee, with license fees of $25.00 per day.  Any such license is subject to the following provisions:


(A) Any trucks, trailers, carts, or other such stands operating under a Special-Use License shall not be placed upon any privately-held property, and may only be placed upon such public property as is specifically described in the site plan approved by the City Council.

 (B) Any Special-Use License that involves the placement of a truck, trailer, cart, or other such stand upon public property may be approved for a 14-day period only, and not less than 14 days shall elapse between the end of one license and the beginning of another license involving the same general location.

(C) Any applicant for a Special-Use License that involves the placement of a truck, trailer, cart, or other such stand upon public property must include in the application for said license proof that such operation is not opposed by any landowners and/or tenants whose property is within 100 feet of the proposed operation.
(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40

§111.62 EVENT LICENSE
An Event License for peddling, soliciting, or merchandising goods within the City may be granted, upon approval by the City Manager or his/her designee, with license fees of $50.00 per day.  The purpose of said license is to provide a blanket license to any Peddler/Solicitor/Merchandiser/Food Vendor operating within the boundaries of the event site plan approved via the Event License, so long as each individual Peddler/Solicitor/Merchandiser /Food Vendor also obtains permission from the holder of the Event License, with the entity organizing the event being the party responsible for dictating the exact placement and operations of any Peddlers/Solicitors/Merchandisers/Food Vendors operating within the boundaries of the approved site plan during the event.  Any such license is also subject to the following provisions:


(A) Any trucks, trailers, carts, or other such stands operating under an Event License shall not be placed upon any privately-held property without permission from the landowner and/or tenant of the property.

(B) Any trucks, trailers, carts, or other such stands operating under an Event License shall only be placed upon public property if: (1) such placement occurs within the boundaries of the site plan submitted with the Event License application; (2) such placement is approved by the underlying Event License holder; and (3) such placement complies with all other applicable provisions of this Ordinance, including sections 111.31 and 111.90.

(C) It shall be the responsibility of the underlying Event License holder to ensure that all applicable provisions of this Ordinance are properly complied with.

(D) It shall also be the responsibility of the underlying Event License holder to ensure that all Solicitors/Peddlers/Merchandisers/Food Vendors operating under the Event License provide proof of any required health license issued by the local Health Department or Michigan Department of Agriculture.

(E) The underlying Event License holder may, at its own discretion, seek reimbursement of the $50.00 event-license fee from any Peddlers/Solicitors/Merchandisers/Food Vendors operating within the confines of the Event License; however, such arrangements would be made by the parties with no involvement by the City.

§111.63 GENERAL PEDDLER/SOLICITOR LICENSE
A General Peddler/Solicitor License for peddling, soliciting, or merchandising goods within the City may be granted, upon approval by the City Manager or his/her designee, with license fees of either $10.00 per day or $50.00 for a consecutive six-month period.  The purpose of said license is to allow any Peddler/Solicitor/Merchandiser operating within the City to sell or offer for sale goods and services, subject to the following provisions:


(A)  Door-to-door sales are allowed under a General Peddler/Solicitor License, provided that all other provisions of this ordinance are complied with, including sections 111.20, 111.31, 111.32, 111.33, and 111.34.

(B)  The use of fixed stands of any kind are not allowed under a General Peddler/Solicitor License.
(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40

POSTING OF REQUIRED LICENSES AND PERMITS
§111.70 REQUIRED POSTING OF CITY LICENSE
Any Peddler/Solicitor/Merchandiser requiring a license under this Ordinance must carry proof of the issuance of such license at all times during which licensed activity is taking place.  In addition, any trucks, trailers, carts, or other such stands operating under a City license issued under this ordinance must post a copy of such license in an area that is readily viewable by any patrons or passersby.

(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40

§111.71 REQUIRED POSTING OF OTHER LICENSES/PERMITS
Any Peddler/Solicitor/Merchandiser whose activities require a license or permit under any federal or state law or regulation must carry proof of the issuance of such license/permit at all times during which covered activity is taking place.  In addition, any trucks, trailers, carts, or other such stands operating under such licenses or permits must post a copy of such in an area that is readily viewable by any patrons or passersby.  Any health licenses required by the local Health Department or the Michigan Department of Agriculture are also covered by this provision, and must also be posted and/or carried in the manner described above.

(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40


REVIEW OF APPLICATION, APPROVAL/DENIAL, ISSUANCE
§111.80 REVIEW OF APPLICATION
Upon receipt of an application, the City Manager, or the City Manager’s designee, shall determine if all of the license application requirements have been submitted and that any required license fees have been paid.  If there is any information missing, or required fees have not been paid, the City Manager, or the City Manager’s designee, shall notify the applicant via telephone or first class mail.  Applications missing information or with unpaid required license fees will not be reviewed until such deficiencies are corrected.

(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015)

§111.81 APPROVAL
Applications will be submitted to the City Manager, or the City Manager’s designee, for an administrative decision on whether to approve or disapprove the application, after it is determined by the City Manager or his/her designee that all required contents of the application have been submitted and the license fee has been paid.  If the applicant and application are then found to be satisfactory for purposes of issuing a license under the provisions of this Ordinance, such approval shall be granted administratively by the City Manager or his/her designee.

(Ord. 258, passed 6-21-99; Am. Ord. 258, passed 4-20-2015)

§111.82 DENIAL
In the event that an application is denied, the applicant shall be notified that the license request has been denied and the reason for such denial.  Applications that are denied administratively may be appealed in writing to the City Council, where the matter will be decided by a majority vote of the City Council. Applications may be denied by the City Manager or his/her designee, or by the City Council for the following, non-exhaustive list of reasons:


(A) Misleading or false information on the application.

(B) Prior history or conduct which may be detrimental to the health, safety, and welfare of the citizens or visitors of the City.

(C) Any conviction of a licensee that may jeopardize public health, safety, and/or welfare of the residents or visitors of the City.

(D) Any other reason the City Council, the City Manager or his/her designee determines necessary to protect the safety or health of the public consistent with the purposes of this ordinance.

(E) The absence of any required documentation or the failure to pay license fees.

(F) Failure to comply with municipal civil infractions or ordinance violations issued by the City or other municipalities.
(Ord. 258, passed 6-21-99 Am. Ord. 258, passed 4-20-2015)

§111.83 ISSUANCE
Upon approval, a license will be issued to the applicant by the City Manager or his/her designee.

(Ord. 258, passed 6-21-99 Am. Ord. 258, passed 4-20-2015)

SAFETY AND INSPECTION

§ 111.90 SAFETY.
Except in the event of a street closure approved by the City Council, no street or alley shall be blocked by merchandise offered for sale hereunder.  Not less than a five-foot passageway for pedestrians shall be left open and merchandise shall be securely and adequately placed so that it will not endanger passerby or fall or extrude into any street or alley.  Sidewalk sales shall be operated in a manner, which will not cause a nuisance or create a fire hazard.

(Ord. 258, passed 6-21-99 Am. Ord. 258, passed 4-20-2015) Penalty, see §111.40

§ 111.91 INSPECTIONS.
The Chief of Police shall make or cause to be made sufficient inspections to insure the compliance with the provisions of this subchapter and any other applicable ordinances of the City by the personnel conducting such sales.

(Ord. 147, passed 9-14-78; Am. Ord. 200, passed 10-2-89)


CHAPTER 112: TAXICABS

Section
112.01  Definitions
112.02  License for operation of taxicabs
112.03  Application for license; certain reports to be included
112.04  Liability insurance
112.05  Issuance of license; fee; identification
112.99  Penalty


§ 112.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PERSON: Person, co-partnership, firm or corporation.

STREET: Any street, alley, avenue, court, lot or public place in the City.

TAXICAB: Any motor vehicle engaged in the business of carrying persons for hire, whether the same is operated from a home, street stand, garage or any other place, where no specified route is traveled but passengers are taken to and from such places as they may designate; however, vehicles used exclusively as a hearse, funeral car, ambulance or motor bus shall not be construed to be within the meaning of this chapter.
(Ord. 81, passed 1-5-56)

§ 112.02  LICENSE FOR OPERATION OF TAXICABS.
It shall be unlawful for any person to operate or cause to be operated for hire on any street within the limits of the City, a taxicab, without first obtaining a license duly issued by the City Clerk.
(Ord. 81, passed 1-5-56) Penalty, see § 112.99

§ 112.03  APPLICATION FOR LICENSE; CERTAIN REPORTS TO BE INCLUDED.
(A)  Any person requesting a license must file application therefore with the City Clerk, which application shall contain the name of the owner; name, address and age of each driver; chauffeur's license number of each driver; a complete description of the vehicle to be used as taxicab; and a complete schedule of rates to be charged in the operation of the taxicab.

(B)  Attached to each application shall be a safety inspection report from a duly licensed garage, certifying that the vehicle has been inspected, and is in good and safe condition for operation and the transportation of passengers, duly signed by the certifying mechanic or garage owner and dated not more than seven days last past the date of filing with the City Clerk.

(C)  Attached to each application and made a part thereof shall be a written report by the Chief of Police stating that he has examined the vehicle for appearance and cleanliness and that it is in suitable condition for the carrying of passengers for hire.(Ord. 81, passed 1-5-56)

§ 112.04  LIABILITY INSURANCE.
No license shall be issued until the applicant shall have filed with the City Clerk a copy of a liability insurance policy covering the operation of the taxicab for the period of the license, which shall provide for bodily injury liability and property damage liability in such amounts as may be established by the City from time to time.
(Ord. 81, passed 1-5-56; Am. Ord. 166, passed 4-5-83; Am. Ord. 177, passed 10-7-85)

§ 112.05  ISSUANCE OF LICENSE; FEE; IDENTIFICATION.
(A)  Any license issued under this chapter will be granted for a term not to exceed the first Monday of June next thereof; shall not be transferable; and shall be revocable by the City Council at its pleasure. The applicant shall pay the city for the said license in such amounts as may be established by the City from time to time.

(B)  Each driver shall, in clear view of its passenger place an identification card; no smaller than three by five, with a current photo, name and description of driver and City license number.
(Ord. 81, passed 1-5-56; Am. Ord. 166, passed 4-5-83) Penalty, see § 112.99

§ 112.99  PENALTY.
Violation of this section is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.
(Ord. 81, passed 1-5-56; Am. Ord. 166, passed 4-5-83; Am. Ord. 01-04, passed 6-18-01)



CHAPTER 113: CABLE TV REGULATION

Section
113.01  Definitions
113.02  Purpose; interpretation
113.03  Rate regulations promulgated by FCC
113.04  Filing; additional information; burden of proof
113.05  Proprietary information
113.06  Public notice; initial review of rates
113.07  Tolling order
113.08  Public notice; hearing on basic cable service rates following tolling of 30-day deadline
113.09  Staff or consultant report; written response
113.10  Rate decisions and orders
113.11  Refunds; notice
113.12  Written decisions; public notice
113.13  Rules and regulations
113.14  Failure to give notice
113.15  Additional hearings
113.16  Additional powers
113.17  Failure to comply; remedies


§ 113.01  DEFINITIONS.
ACT:  The Communications Act of 1934, as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. 102-385), and as may be amended from time to time.

FCC:  The Federal Communications Commission.

FCC RULES:  All rules of the FCC promulgated from time to time pursuant to the Act.

BASIC CABLE SERVICE: Basic service as defined in the FCC Rules, and any other cable television service, which is subject to rate regulation by the City pursuant to the Act, and the FCC Rules.

ASSOCIATED EQUIPMENT:  All equipment and services subject to regulation pursuant to 47 CFR Section 76.923.

INCREASE IN RATES:  An increase in rates or a decrease in programming or customer services as provided in the FCC Rules. All other words and phrases used in the ordinance shall have the same meaning as defined in the Act and FCC Rules.
(Ord 224, passed 10-4-93)

§ 113.02  PURPOSE; INTERPRETATION.
The purpose of this chapter is to:

(A)  Adopt regulations consistent with the Act and the FCC Rules with respect to basic cable service rate regulation, and

(B)  Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the City. This chapter shall be implemented and interpreted consistent with the Act and FCC Rules.
(Ord. 224, passed 10-4-93)

§ 113.03  RATE REGULATIONS PROMULGATED BY FCC.
In connection with the regulation of rates for basic cable service and associated equipment, the City shall follow all FCC Rules.(Ord. 224, passed 10-4-93)

§ 113.04  FILING; ADDITIONAL INFORMATION; BURDEN OF PROOF.
(A)  A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC Rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC Rules. The cable operator shall file 10 copies of the schedule or proposed increase with the City Clerk. For purposes of this chapter, the filing of the cable operator shall be deemed to have been made when at least 10 copies have been received by the City Clerk. The City Council may, by resolution or otherwise, adopt rules and regulations as allowed by law prescribing the information, data and calculations which must be included as part of the cable operator's filing of the schedule of rates or a proposed increase.

(B)  In addition to information and data required by rules and regulations of the City pursuant to § 113.04 (A) above, a cable operator shall provide all information requested by the City Manager that is related and helpful in connection with the City's review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The City Manager may establish reasonable deadlines for submission of the requested information and the cable operator shall comply with such deadlines.

(C)  A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules including, without limitation, 47 USC Section 543 and 47 CFR Sections 76.922 and 76.923.
(Ord. 224, passed 10-4-93)

§ 113.05  PROPRIETARY INFORMATION.
(A)  If this chapter, any rules or regulations adopted by the City pursuant to § 113.04 (A), or any request for information pursuant to § 113.04 (B) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the City determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. Section 552. The City shall place in a public file for inspection any decision that results in information being withheld.

(B)  If the cable operator requests confidentiality and the request is denied, where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; the cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.

(C)  Any interested party may file a request to inspect material withheld as proprietary with the City. The City shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.

(D)  The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 CFR Section 0.459.
(Ord. 224, passed 10-4-93)

§ 113.06  PUBLIC NOTICE; INITIAL REVIEW OF RATES.
Upon the filing of 10 copies of the schedule or rates or the proposed increase in rates pursuant to § 113.04 (A) above, the City Clerk shall publish a public notice in a newspaper of general circulation in the City, which shall state that:

(A)  The filing has been received by the City Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying, and

(B)  Interested parties are encouraged to submit written comments on the filing to the City Clerk not later than seven days after the public notice is published. The City Clerk shall give notice to the cable operator of the date, time, and place of the meeting at which the City Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first-class mail at least three days before the meeting. In addition, if a written staff or consultant's report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, then the City Clerk shall mail a copy of the report by first-class mail to the cable operator at least three days before the meeting at which the City Council shall first consider the schedule of rates or the proposed increase.
(Ord. 224, passed 10-4-93)

§ 113.07  TOLLING ORDER.
After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under § 113.04 (A) above unless the City Council (or other properly authorized body or official) tolls the 30 day deadline pursuant to 47 CFR Section 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The City Council may toll the 30-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
(Ord. 224, passed 10-4-93)

§ 113.08  PUBLIC NOTICE; HEARING ON BASIC CABLE SERVICE RATES FOLLOWING TOLLING OF 30 DAY DEADLINE.
If a written order has been issued pursuant to Section 7 and 47 CFR Section 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the City any additional information required or requested pursuant to § 113.04. In addition, the City Council shall hold a public hearing to consider the comments of interested parties within the additional 90-day or 150 day period, as the case may be. The City Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state: the date, time, and place at which the hearing shall be held, interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates, and copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing. In addition, the City Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
(Ord. 224, passed 10-4-93)

§ 113.09  STAFF OR CONSULTANT REPORT; WRITTEN RESPONSE.
Following the public hearing, the City Manager shall cause a report to be prepared for the City Council which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant's review, and other appropriate information) include a recommendation for the decision of the City Council pursuant to § 113.10. The City Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the City Council acts under § 113.10. The cable operator may file a written response to the report with the City Clerk. If at least 10 copies of the response are filed by the cable operator with the City Clerk within 10 days after the report is mailed to the cable operator, the City Clerk shall forward it to the City Council.
(Ord. 224, passed 10-4-93)

§ 113.10  RATE DECISIONS AND ORDERS.
The City Council shall issue a written order, by resolution or otherwise, which in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the City Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR Section 76.933. The order specified in the Section shall be issued within 90 days of the tolling order under § 113.07 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 113.07 in all cases involving a cost-of-service showing.
(Ord. 224, passed 10-4-93)

§ 113.11  REFUNDS; NOTICE.
The City Council may order a refund to subscribers as provided in 47 CFR Section 76.942. Before the City Council orders any refund to subscribers, the City Clerk shall give at least seven days written notice to the cable operator by first-class mail of the date, time, and place at which the City Council shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose of submitting comments to the City Council.
(Ord. 224, passed 10-4-93)

§ 113.12  WRITTEN DECISIONS; PUBLIC NOTICE.
Any order of the City Council pursuant to § 113.10 or § 113.11 shall be in writing, shall be effective upon adoption by the City Council, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the City which shall: summarize the written decision, and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the City Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
(Ord. 224, passed 10-4-93)

§ 113.13  RULES AND REGULATIONS.
In addition to rules promulgated pursuant to § 113.04, the City Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.
(Ord. 224, passed 10-4-93)

§ 113.14  FAILURE TO GIVE NOTICE.
The failure of the City Clerk to give the notices or to mail copies of reports as required by this chapter shall not invalidate the decisions or proceedings of the City Council so long as there is substantial compliance with this chapter.
(Ord. 224, passed 10-4-93)

§ 113.15  ADDITIONAL HEARINGS.
In addition to the requirements of this chapter, the City Council may, in its sole discretion, hold additional public hearings upon such reasonable notice, as the City Council shall prescribe.
(Ord. 224, passed 10-4-93)

§ 113.16  ADDITIONAL POWERS.
The City shall possess all powers conferred by the Act, the FCC Rules, the cable operator's franchise, and all other applicable law. The powers exercised pursuant to the Act, the FCC Rules, and this Ordinance shall be in addition to powers conferred by law or otherwise. The City may take any action not prohibited by the Act and the FCC Rules to protect the public interest in connection with basic cable service rate regulation.
(Ord. 224, passed 10-4-93)

§ 113.17  FAILURE TO COMPLY; REMEDIES.
The City may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator's franchise with the City) for failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this chapter, any requirements of this chapter, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC Rules, any orders or determinations of the City pursuant to this chapter, any requirements of this chapter, or any rules and regulations promulgated hereunder, shall also be sufficient grounds for revocation or denial of renewal of a cable operator's franchise.
(Ord. 224, passed 10-4-93)



CHAPTER 114: TELECOMMUNICATIONS

Section
114.01  Purpose
114.02  Conflict
114.03  Terms Defined
114.04  Permit Required
114.05  Issuance of Permit
114.06  Construction/Engineering Permit
114.07  Conduit or Utility Poles
114.08  Route Maps
114.09  Repair of Damage
114.10  Establishment and Payment of a Maintenance Fee
114.11  Modification of Existing Fees
114.12  Savings Clause
114.13  Use of funds
114.14  Annual Report
114.15  Cable Television Operators
114.16  Existing Rights
114.17  Compliance
114.18  Reservation of Police Powers
114.19  Severability
114.20  Authorized City Officials
114.21  Municipal Civil Infraction
114.22  Repealer


§114.01  PURPOSE.
The purposes of this Ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002) ("Act") and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.
(Ord. 02-03, passed 10-21-2002)

§114.02  CONFLICT.
Nothing in this Ordinance shall be construed in such a manner as to conflict with the Act or other applicable law.
(Ord. 02-03, passed 10-21-2002)

§114.03  TERMS DEFINED.
The terms used in this Ordinance shall have the following meanings:

ACT means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.

CITY means the City of West Branch.

CITY COUNCIL means the City Council of the City of West Branch or its designee. This section does not authorize delegation of any decision or function that is required by law to be made by the City Council.

CITY MANAGER means the City Manager or his or her designee.

PERMIT means a non-exclusive permit issued pursuant to the Act and this Ordinance to a telecommunications provider to use the public rights-of-way in the City for its telecommunications facilities.

All other terms used in this Ordinance shall have the same meaning as defined or as provided in the Act, including without limitation the following:

AUTHORITY means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.

MPSC means the Michigan Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term "Commission" in the Act.

PERSON means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

PUBLIC RIGHT-OF-WAY means the area on, below, or above a public roadway, highway, street, alley, easement or waterway. Public right-of-way does not include a federal, state, or private right-of-way.

TELECOMMUNICATIONS FACILITIES or FACILITIES means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals. Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332(d) of part I of title III of the communications act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

TELECOMMUNICATIONS PROVIDER, PROVIDER and TELECOMMUNICATION SERVICES means those terms as defined in Section 102 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2102. Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in Section 332(d) of Part I of the Communications Act of 1934, Chapter 652, 48 Stat. 1067, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device. For the purpose of the Act and this Ordinance only, a provider also includes all of the following:

A cable television operator that provides a telecommunications service.

Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.

A person providing broadband Internet transport access service.
(Ord. 02-03, passed 10-21-2002)

§114.04  PERMIT REQUIRED.

(a)  Permit Required. Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the City for its telecommunications facilities shall apply for and obtain a permit pursuant to this Ordinance.

(b)  Application. Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Section 6(1) of the Act. A telecommunications provider shall file one copy of the application with the City Clerk, one copy with the City Manager, and one copy with the City Attorney. Upon receipt, the City Clerk shall make 8 copies of the application and distribute a copy to the City Treasurer, the Mayor and all members of the City Council. Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider’s existing and proposed facilities in accordance with Section 6(5) of the Act.

(c)  Confidential Information. If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain trade secret proprietary, or confidential information, which is exempt from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to Section 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.

(d)  Application Fee. Except as otherwise provided by the Act, the application shall be accompanied by a one-time non-refundable application fee in the amount of $500.00.

(e)  Additional Information. The City Manager may request an applicant to submit such additional information, which the City Manager deems reasonably necessary or relevant. The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the City Manager. If the City and the applicant cannot agree on the requirement of additional information requested by the City, the City or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.

(f)  Previously Issued Permits. Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the City under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251 and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan Telecommunications Act but after 1985 shall satisfy the permit requirements of this Ordinance.

(g)  Existing Providers. Pursuant to Section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the City as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan Telecommunications Act, 1991 PA 179, MCL 484.2251, shall submit to the City an application for a permit in accordance with the requirements of this Ordinance. Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under subsection (d) above. A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in Section 5(4) of the Act.
(Ord. 02-03, passed 10-21-2002)

§114.05  ISSUANCE OF PERMIT.
(a)  Approval or Denial. The authority to approve or deny an application for a permit is hereby delegated to the City Manager. Pursuant to Section 15(3) of the Act, the City Manager shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under Section 4(b) of this Ordinance for access to a public right-of-way within the City. Pursuant to Section 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application shall not unreasonably deny an application for a permit.

(b)  Form of Permit. If an application for permit is approved the City Manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Section 6(1), 6(2), and 15 of the Act.

(c)  Conditions. Pursuant to Section 15(4) of the Act, the city Manager may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider’s access and usage of the public right-of-way.

(d)  Bond Requirement. Pursuant to Section 15(3) of the Act, and without limitation on subsection (c) above, the City Manager may require that a bond by posted by the telecommunications provider as a condition of the permit. If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider’s access and use.
(Ord. 02-03, passed 10-21-2002)

§114.06  CONSTRUCTION/ENGINEERING PERMIT.
A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the City without first obtaining a construction or engineering permit as required under Chapter 94 of this Code, as amended, for construction within the public rights-of-way. No fee shall be charged for such a construction or engineering permit.
(Ord. 02-03, passed 10-21-2002)

§114.07  CONDUIT OR UTILITY POLES.
Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this Ordinance does not give a telecommunications provider a right to use conduit or utility poles.
(Ord. 02-03, passed 10-21-2002)

§114.08  ROUTE MAPS.
Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the City, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the City. The route maps should be in paper or electronic format unless and until the Commission determines otherwise, in accordance with Section 6(8) of the Act.
(Ord. 02-03, passed 10-21-2002)

§114.09  REPAIR OF DAMAGE.
Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the City, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.
(Ord. 02-03, passed 10-21-2002)

§114.10  ESTABLISHMENT AND PAYMENT OF MAINTENANCE FEE.
In addition to the non-refundable application fee paid to the City set forth in subsection 4(d) above, a telecommunications provider with telecommunications facilities in the City’s public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act.
(Ord. 02-03, passed 10-21-2002)

§114.11  MODIFICATION OF EXISTING FEES.
In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority. In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the City’s boundaries, so that those providers pay only those fees required under Section 8 of the Act. The City shall provide each telecommunications provider affected by the fee with a copy of this Ordinance, in compliance with the requirement of Section 13 (4) of the Act. To the extent any fees are charged telecommunications provider in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the City’s policy and intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charge in error.
(Ord. 02-03, passed 10-21-2002)

§114.12  SAVINGS CLAUSE.
Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under Section 11 above shall be void from the date the modification was made.
(Ord. 02-03, passed 10-21-2002)

§114.13  USE OF FUNDS.
Pursuant to Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for rights-of-way related purposes. In conformance with that requirement, all funds received by the City from the Authority shall be deposited into the Major Street fund and/or the Local Street Fund maintained by the City under Act No. 51 of the Public Acts of 1951.
(Ord. 02-03, passed 10-21-2002)

§114.14  ANNUAL REPORT.
Pursuant to Section 10(5) of the Act, the City Manager may file an annual report with the Authority on the use and disposition of fund annually distributed by the Authority.
(Ord. 02-03, passed 10-21-2002)

§114.15  CABLE TELEVISION OPERATORS.
Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband Internet transport access services.
(Ord. 02-03, passed 10-21-2002)

§114.16  EXISTING RIGHTS.
Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this Ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way.
(Ord. 02-03, passed 10-21-2002)

§114.17  COMPLIANCE.
The City hereby declares that its policy and intent in adopting this Ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose. The City shall comply in all respects with the requirements of the Act, including but not limited to the following:

Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCL 15.231, 215.246, as provided in Section 4(c) of this Ordinance;

Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with Section 4(f) of this Ordinance;

Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with Section 4(g) of this Ordinance;

Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with Section 5(a) of this Ordinance;

Notifying the MPSC when the City has granted or denied a permit, in accordance with Section 5(a) of this Ordinance;

Not unreasonably denying an application for a permit, in accordance with Section 5(a) of this Ordinance;

Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in Section 5(b) of this Ordinance;

Limiting the conditions imposed on the issuance of a permit to the telecommunications provider’s access and usage of the public right-of-way, in accordance with Section 5(c) of this Ordinance;

Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider’s access and use, in accordance with Section 5(d) of this Ordinance;

Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with Section 6 of this Ordinance;

Providing each telecommunications provider affected by the City’s right-of-way fees with a copy of this Ordinance, in accordance with Section 11 of this Ordinance;

Submitting an annual report to the Authority, in accordance with Section 14 of this Ordinance; and

Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with Section 15 of this Ordinance.
(Ord. 02-03, passed 10-21-2002)

§114.18  RESERVATION OF POLICE POWERS.
Pursuant to Section 15(2) of the Act, this Ordinance shall not limit the City’s right to review and approve a telecommunication provider’s access to and ongoing use of public right-of-way or limit the City’s authority to ensure and protect the health, safety, and welfare of the public.
(Ord. 02-03, passed 10-21-2002)

§114.19  SEVERABILITY.
The various parts, sentences, paragraphs, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause of this Ordinance is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the unconstitutionality or invalidity shall not affect the constitutionality or validity of any remaining provisions of this Ordinance.
(Ord. 02-03, passed 10-21-2002)

§114.20  AUTHORIZED CITY OFFICIALS.
The City Manager or his or her designee is hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil violation notices (directing alleged violators to appear at the municipal chapter violations bureau) for violation under this Ordinance as provide by the City Code.
(Ord. 02-03, passed 10-21-2002)

§114.21  MUNICIPAL CIVIL INFRACTION.
A person who violates any provision of this Ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to penalties and sanctions pursuant to §10.99 of the City Code. Nothing in this Section 21 shall be construed to limit the remedies available to the City in the event of a violation by a person of this Ordinance or a permit.
(Ord. 02-03, passed 10-21-2002)

§114.22  REPEALER.
All Ordinances and portions of Ordinances inconsistent with this Ordinance are hereby repealed.
(Ord. 02-03, passed 10-21-2002)