§ 429.10. Findings and purpose.

In order to provide for the health, safety and well-being of its citizens, as well as to insure the structural integrity of its streets and the use of the public rights-of-way, the city strives to keep its public rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the public rights-of-way, a primary cause for the early and excessive deterioration of its public rights-of-way is their frequent excavation by persons whose equipment or facilities are located therein as well as patching and restoration activities by persons undertaking adjacent construction activities.

Public right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel plans because of them. Persons whose equipment or facilities are located within the public right-of-way are the primary cause of these frequent obstructions.

The city recognizes that it holds the public rights-of-way within its geographical boundaries as an asset in trust for its citizens. The city and other public entities have invested millions of dollars in public funds to build and maintain the public right-of-way. It also recognizes that some persons, by placing their equipment or facilities in the public right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property.

In response to the foregoing facts, the city hereby enacts new Chapters 429 and 430 of the Minneapolis Code of Ordinances relating to right-of-way permits and administration, together with an ordinance making necessary revisions to other Code provisions. These ordinances impose reasonable regulations on the placement and maintenance of equipment or facilities currently within its public rights-of-way or to be placed therein at some future time. Under these ordinances, persons disturbing and obstructing the public rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally, these ordinances provide for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. (96-Or-126, § 1, 11-22-96; 2000-Or-025, § 1, 4-21-00; Ord. No. 2009-Or-021, § 1, 3-6-09)