Sec. 31-80. Authority and administration.
A. Authority. The City Manager is authorized to issue right-of-way use permits to persons, associations or corporations for temporary restrictions or minor encroachments within any dedicated public right-of-way as provided in this Article.
B. Definitions. For the purposes of this article, unless the context requires otherwise, the following terms, phrases, words, and their derivatives shall have the meanings given herein:
"Applicant" means a person, its contractors, agents, officers, employees, subsidiaries, affiliates, parent organization, successor-in-interest, predecessor-in-interest, or joint ventures who apply for a right-of-way permit under this article.
"Dockless micromobility share operator" means an entity that operates a dockless micromobility shared system, whether for profit or not for profit.
"Dockless micromobility shared system" means a system that provides micromobility shared vehicles including, but not limited to, electric scooters, electric and traditional bicycles for short-term rentals and which may be locked and unlocked without the requirement of a rack or other docking station installed within the City of Phoenix corporate boundaries.
"Micromobility shared vehicle" means a category of small, lightweight vehicles which are rented from a micromobility share operator and used for personal transportation, and which may include, but are not limited to, bicycles, electric bicycles, and electric scooters.
"Minor encroachment" means those underground facilities whose cross-sectional areas are less than two feet across; and those encroachments whose surface and aerial uses are easily removed from the right-of-way as determined by the Street Transportation Director including, but not limited to, the following: fences, surface parking, awnings, wells, overhangs, aerial cables, poles, bus shelters, or small temporary structures without foundations.
"Permittee" or "permit holder" means a person holding a current and valid permit issued under this article.
"Person" means a person or business association organized as provided by law.
"Revocable permit" means any permit issued to allow minor encroachments for an indefinite period within the public right-of-way.
"Right-of-way temporary use permit" means a permit issued to allow the temporary use or restriction of the public right-of-way including, but not limited to, a street, sidewalk, or designated bicycle lane.
"Right-of-way use permits" means, collectively, revocable permits and right-of-way temporary use permits.
C. Revocable permits shall not be issued where a franchise or a license established by an Arizona Revised Statute is determined necessary by the City for the requested use of the dedicated right-of-way.
D. The right-of-way use permits authorized pursuant to this Article shall be subject to the following:
1. The temporary use of public right-of-way shall be consistent with applicable zoning regulations.
2. City ordinances, rules, regulations, policies and procedures shall not be violated unless otherwise authorized.
3. Any required public right-of-way shall have been properly dedicated to the City for the benefit of the public.
4. The proposed temporary use of the public right-of-way does not conflict with existing or proposed uses of the right-of-way.
5. The City reserves the right to revoke any right-of-way permit if any such right-of-way permit relates to right-of-way involving a Federal, State or City project where the right-of-way must be free of all encroachments.
6. The temporary use of the right-of-way may be further restricted by general and special conditions as determined by the City Manager. Any such general and special conditions will be maintained and administered by the Street Transportation Department.
7. Any permit holder shall submit proof of insurance or an acceptable program of self-insurance for the types of coverages and in the amounts required by the City Finance Department, Risk Management Division. All such insurance shall name the City as an additional insured as appropriate and shall be maintained throughout the entire term of the right-of-way use permit.
8. An agreement by the permit holder to protect, indemnify, defend and hold harmless the City for a claim for damage to a person or property that may be brought against the City as a result of the permit holder’s temporary use of the right-of-way.
E. Traffic Barricade Manual compliance. To promote, preserve and protect public health, safety and welfare within the right-of-way, the right-of-way use permits issued pursuant to this article are subject to and conditioned upon strict compliance with the City of Phoenix Traffic Barricade Manual. All temporary traffic control devices shall be installed and removed by a person or organization that possesses the proper temporary traffic control device installation and removal certification pursuant to Chapter 31, Article XIII. Violations of the Traffic Barricade Manual shall be enforced pursuant to Chapter 31, Article XIII.
F. Written instrument. All right-of-way use permits authorized herein shall be evidenced by a separate written instrument, which shall include general and special conditions as determined necessary by the City Manager for the permit holder’s temporary use of the right-of-way.
G. Permit fees. Applicants for right-of-way use permits shall pay all required application and other related fees, and such applicants shall secure all necessary construction permits.
H. Revocable permit revocation. Revocable permits authorized by the City Manager are subject to revocation at any time in the discretion of the Street Transportation Director with ratification by the City Council.
I. Right-of-way temporary use permit suspension or revocation. Right-of-way temporary use permits authorized by the City Manager are subject to suspension or revocation in the discretion of the Street Department Director or the City Traffic Engineer. (Ord. No. G-2152, § 2; Ord. No. G-3313, § 1; Ord. No. G-3660, § 2; Ord. No. G-3780, § 1; Ord. No. G-4599, § 1, 2004; Ord. No. G-5277, § 1, 2008; Ord. No. G-6474, 2018; Ord. No. G-6590, 2019; Ord. No. G-7113, § 7, 2023)