§ 34-140. Purpose.

This article is adopted to protect the health, safety, and welfare of the residents and the traveling public by regulating the location, installation and design of the utility cabinets on public property and in public rights-of-way. The city's public rights-of-way are used by all residents, visitors, and people traveling in and through the community in vehicles and as pedestrians. Every type of utility, both public and private, including water, sewer, electricity, gas and the newer communication services uses the city's public rights-of-way. Because public property and public rights-of-way occupy a finite space, it is imperative that they are properly managed to provide for safe travel, distribution of essential services and maximum efficiency. Furthermore, the beauty and history of the city is reflected in its tree-lined streets, its well maintained parks and its extensive collection of historic homes and buildings. The integrity of these invaluable resources must be maintained. The following regulations have been found necessary to ensure that utility cabinets:

(1)

Do not create an obstacle in the right-of-way;

(2)

Minimize impediments to a driver's view of the street and or sidewalk;

(3)

Do not create an attractive nuisance to children;

(4)

Do not interfere with essential services;

(5)

Do not detract from the streetscape; and

(6)

Protect property owners' rights to attractive, well-maintained public spaces and rights-of-way, while ensuring that the legitimate needs of utility companies are met.

(Ord. No. 2007-4, § 25, 9-10-07; Ord. No. 2008-3, § 6, 3-3-08)