In addition to the requirements of this chapter and those that may be contained in
a certificate of registration and/or permit, all certificates of registration and/or
permits issued pursuant to this chapter are subject to the powers of the city to adopt
and enforce general ordinances and regulations necessary to regulate the use of the
rights-of-way for the safety and welfare of the public, including all powers now or
subsequently vested in the city under the constitution and laws of the United States,
State of Ohio, and under the Charter of the city. The holder of a certificate of registration
and/or permit shall comply at all times during the term of the certificate of registration
and/or permit with all applicable laws, ordinances and regulations enacted by the
city pursuant to any such power, and with all applicable laws, rules, or regulations
of the State of Ohio and the federal government, their regulatory agencies or commissions
which are now applicable or may be applicable hereafter to the construction and operation
of the facilities, including without limitation, all laws, ordinances, or regulations
now in force or hereafter enacted. If applicable, all persons shall comply with city
zoning and other land use requirements pertaining to the placement and specifications
of facilities. Any conflict between the terms of any present or future lawful exercise
of the city's police and regulatory powers and a certificate of registration and/or
permit issued pursuant to this chapter shall be resolved in favor of the former. However,
nothing herein shall be deemed a waiver of a provider's right to challenge the validity
of any law, rule, or regulation.
(Ord. No. 0-149-18, § I, 12-10-2018)
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