A. Other than as exempted by this chapter or other applicable law, no grantee or person acting under the authority granted to a grantee shall construct or install facilities within the right-of-way or engage in ground disturbance activities within the right-of-way without first obtaining a right-of-way permit for such work pursuant to Chapter 12.36 MMC or, where applicable, a small wireless permit pursuant to Chapter 22.62 MMC.

B. When necessary to address an imminent threat to public health, safety or the environment, grantees may perform work prior to obtaining a permit as required under subsection (A) of this section; provided, that in such cases the franchisee shall notify the department and apply for a permit for such work as soon as practicable. (Ord. 009/2022 § 3 (Exh. A))