§ 32-31. Federal, state, and unified government jurisdiction.  


Latest version.
  • This article shall be construed in a manner consistent with all applicable federal, state, and local laws. Notwithstanding any other provision of this article to the contrary, the construction, operation, and maintenance of the ROW-user's facilities shall be in accordance with all laws and regulations of the United States, the state, and any political subdivision thereof, or any administrative agency thereof, having jurisdiction. In addition the ROW-user shall meet or exceed the most stringent technical standards set by regulatory bodies, including the unified government now or hereafter having jurisdiction. The ROW-user's rights are subject to the police powers of the unified government to adopt and enforce ordinances necessary to the health, safety, and welfare of the public. The ROW-user shall comply with all applicable laws and ordinances enacted pursuant to that power. Finally, failure of the ROW-user to comply with any applicable or regulation may result in a forfeiture of any permit, registration, or authorization granted in accordance with this article.

(Code 1988, § 32-31; Ord. No. O-104-00, § 11, 11-16-2000)