Conditions of Public Rights-of-Way Occupancy.
North Las Vegas Municipal Code § 12.24.090
in effect12.24.090 - Conditions of Public Rights-of-Way Occupancy.
A. Cable franchises and cable service permits shall require compliance with this section as it shall be amended from time to time.
B. A cable company shall comply with this chapter and the improvement standards adopted in Chapter 12.08 and Titles 13 and 16 of this Code, as adopted by the City Council and in effect at time of construction completion, except where retroactive application of new standards is required by federal or state law.
C. Prior to any work within the rights-of-way, the cable company shall obtain an encroachment permit pursuant to Chapter 12.08 of this Code.
D. When the public improvement designs prepared by the cable company are more detailed than, or are not covered by, the improvement standards adopted in Chapter 12.08 and Titles 13 and 16 of this Code, plans and specifications for construction, reconstruction, installations and repairs of public improvements shall be sealed by a Nevada registered professional engineer.
E. Except in the case of an emergency, and except as provided in subsection F of this section, a cable company who is the initiator of a project in a street or easement along which residential yards are located and maintained shall notify residents who are located adjacent to the proposed project at least two days prior to the date that the cable company proposes to commence construction. Such notice shall be by written notice delivered in person, by posted notice on the street where the proposed project is scheduled to be built (which notice is to be large enough to be clearly read by passing motorists), by door hanger, or by mail, with a description of the proposed project and the name of the cable company together with its business phone number.
F. Before placing a facility in an easement within a single-family residential property, a cable company shall provide the homeowner with written notice no less than five days before such installation. Such notice shall advise the homeowner of:
1. The location within the easement where the cable company plans to locate the facility;
2. The homeowner's right to select another place within the easement to locate the facility, if such location is technically feasible for the cable company; and
3. The cable company's obligation to camouflage the facility, either by landscaping or by some other method reasonably acceptable to the homeowner.
G. All public improvement work performed by the cable company in rights-of-way shall be inspected, completed and accepted in accordance with this chapter and the improvement standards adopted in Chapter 12.08 and Titles 13 and 16 of this Code.
H. In the case of damage caused by the cable company to any rights-of-way, the cable company shall at no cost or expense to the City repair, replace and restore the damaged area in accordance with current improvement standards adopted in Chapter 12.08 and Titles 13 and 16 of this Code.
I. The cable company shall not acquire any vested right or interest in any particular rights-of-way location for any of its facilities constructed, operated or maintained in any existing or proposed rights-of-way, even though such location was approved by the City.
J. Reconstruction, removal or relocation of a cable company's facilities to accommodate a public improvement shall be provided for in the following manner:
1. The City shall issue to a cable company written notice of a need to reconstruct, remove or relocate any of cable company's facilities which may be in conflict with an existing or proposed public improvement in order to accommodate the installation, maintenance or use of the public improvement. Such written notice shall include project information equivalent in detail to fifty (50) percent or more of final design for the public improvement. The cable company shall, within thirty (30) days after receiving such written notice from the City, present to the director of public works a notice of intent to reconstruct, remove or relocate such facilities, and shall, within six months after receipt of written notice from the City, or such shorter time period as may be reasonable, reconstruct, remove or relocate such facilities. Upon request from a cable company identifying a recommended location for its facilities, the director of public works shall provide that location or an alternate location within the rights-of-way for the cable company if space is available.
2. Within thirty (30) days after receipt of such written notice from the City, the cable company may present a written application and supporting documentation to the director of public works for an extension of time in which to complete reconstruction, removal or relocation of its facilities. The director of public works may grant additional time beyond the time period provided if the additional time requested is due to service, equipment or material delivery constraints beyond the control and without the fault or negligence of the cable company, or if the project described in the written notice is of such a size that the work to be performed by the cable company cannot be completed within the allowable time.
3. If after the issuance of the initial written notice the City makes a substantial change in the design of the public improvement project, including but not limited to changes in elevation, changes affecting public rights-of-way alignment and widths of alignment, the City shall notify the cable company of the details of the substantial change. If the cable company determines that such change would cause a delay in reconstruction, removal or relocation of its facilities beyond the time period provided, the cable company may, within fourteen (14) days from receipt of notice of such change, petition the director of public works for an extension of time in which to complete reconstruction, removal or relocation of facilities. If the additional time is requested due to service, equipment or material delivery constraints beyond the control of the cable company, or if the public improvement design change is of such a scope that the work to be performed by the cable company cannot be completed within the time period allowed, the director may grant an extension of time. If the request for extension of time is denied, the cable company may appeal the denial to the City Council within fourteen (14) days from receipt of notice of denial. The decision of the City Council shall be final.
4. The City shall provide the cable company with a final design of the public improvement as soon as it becomes available.
5. If cable company fails to reconstruct, remove or relocate its facilities as required by this section within the time period agreed upon, the City may reconstruct, remove or relocate such facilities and charge the cost of reconstruction, removal or relocation to the cable company. The City shall not be held liable for any losses or damages due to reconstruction, removal or relocation of such facilities.
K. The cable company shall, on request of any person holding a permit to move a building, temporarily raise or lower its wires or cables to permit the movement of the building. The expense of temporary, removal of raising or lowering of wires shall be paid by the person requesting it, and the cable company shall have the authority to require such payment in advance. The cable company shall be given not less than thirty (30) days' advance notice to arrange temporary wire or cable alterations.
L. Whenever, in case of emergency, it becomes necessary to remove any of the cable company's facilities, no charge shall be made by the cable company against the City for loss, damage, restoration and repair.
M. A cable company shall maintain and provide to the City, upon request and at no cost, as-built plans indicating the location of its facilities. A cable company may provide, on a voluntary basis, electronic plans showing the general location of its facilities in rights-of-way.
N. A cable company shall participate in "Call Before You Dig" or any other such "Ms. Utility" programs active in its service area with regard to giving and receiving notice of the location of facilities and excavations.
O. Without limiting the foregoing, antennae and their supporting structures (towers) shall be designed in accordance with the currently adopted Uniform Building Code as amended, and shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable state or local laws, codes and regulations, all as hereafter may be amended or adopted.
P. If any removal, relaying or relocation of a cable company's facilities is required to accommodate the construction, operation or repair of the facilities of another person that is authorized to use the rights-of-way, a cable company shall, after thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity.
Q. Neither the City nor its officers, employees, agents, attorneys, consultants or independent contractors shall have any liability to a cable company as a result of or in connection with the protection, movement, removal, alteration or relocation of any part of a cable system by or on behalf of a cable company or the City in connection with any emergency, public work, public improvement, alteration of any publicly owned structure, any change in the grade or line of any rights-of-way.
R. A cable company shall place its system lines underground in localities where both telephone and power lines are underground, and shall replace aerial facilities with underground facilities concurrently with telephone and power utilities when both types of utilities are required by the City to place facilities underground. Where undergrounding is required, system passive or active electronics may be housed only in low-profile, above-ground pedestals, as approved by the City.
S. Any contractor or subcontractor used for work or construction, installation, operation, maintenance or repair of system equipment must be properly licensed under laws of the state and all applicable local ordinances, where applicable, and each contractor or subcontractor shall have the same obligations with respect to its work as the cable company would have if the work were performed by the cable company.
T. A cable company must ensure that contractors, subcontractors and all employees who are to perform work for it are trained. A cable company shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with the cable franchise and applicable law, shall be fully responsible for all acts or omissions of contractors or subcontractors performed within the scope of their work for the cable company, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed.
(Ord. 1312 § 1 (part), 1999)
Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.24CACORECO_12.24.090COPURI-WOCFetched: 11/1/2026