§ 16-172. Introduction.

(a)

The purpose and intent of this article is to:

(1)

Provide the city with accurate and current information concerning all facilities located in those public rights-of-way for which the city has a duty to maintain the traveled surface thereof, together with current information concerning entities owning or controlling the facilities;

(2)

Permit and manage reasonable access to the public rights-of-way on a competitively neutral basis;

(3)

Manage grants of location in public ways;

(4)

Conserve the limited physical capacity of the rights-of-way held in public trust;

(5)

Assure that the city is appropriately compensated when rights-of-ways are utilized by non-exempt, non-governmental entities;

(6)

Assure that the current and on-going costs of granting and regulating private access to and use of the public right-of-way are paid by the persons seeking such access and causing such costs; and

(7)

Assure that the city can continue to fairly and responsibly protect the public health, safety and welfare.

(b)

This article is adopted in accordance with the authority granted. inter alia, by Amendment Article 89 to Article II of the Massachusetts Constitution, M.G.L.A. c. 43B, § 13, M.G.L.A. c. 40, §§ 4, 21, 22F, and M.G.L.A. c. 85.

(Ord. No. 1381, § 16-144, 6-3-04)