Use of streets.
Cape Coral Code of Ordinances § 15-21
in effect§ 15-21 - Use of streets.
(a) Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a franchisee shall be done in compliance with city requirements under permits issued for work by the proper officials of the city, and shall be done in a manner so as to give the least inconvenience to the inhabitants of the city. Nothing herein shall be construed to exempt a franchisee from compliance with the provisions of the code of ordinances of the City of Cape Coral or from payment of the appropriate fees established pursuant to this code.
(b) A franchisee shall, at its own cost and expense, and in a manner approved by the city, replace and restore any like pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving the disturbance was done, and shall also prepare, maintain and provide to the City Engineer full and complete plats, maps and records showing the exact locations of its facilities located within the public streets, ways, and easements of the city. These maps shall be available to the City Engineer.
(c) Except to the extent required by law, a franchisee shall, at its expense, protect, support, temporarily disconnect, relocate or remove, any of its property when required by the city by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation or sewers, drains, water pipes, power lines, signal lines, tracks or any other type of municipal or public utility improvements; provided, however, that the franchisee shall, in all those cases, have the privilege of abandoning any property in place. A franchisee shall do so at its expense to the extent other users of the rights-of-way are so responsible, consistent with applicable law.
(d) A franchisee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of the temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require the payment in advance, except in the case where the requesting person is the city, in which case no like payment shall be required. The franchisee shall be given not less than five business days' advance notice to arrange for the temporary wire changes.
(e) A franchisee shall, upon notice to the city of not less than seven days, emergency situations excepted, have the authority to trim the trees or other natural growth upon and overhanging the streets so as to prevent the branches of the trees from coming in contact with the wires, cables and other equipment of the franchisee, except that, at the option of the city, the trimming may be done by it or under its supervision and direction at the expense of the franchisee.
(f) A franchisee shall use, with the owner's permission, existing underground conduits (if applicable) or overhead utility facilities whenever feasible and if available on reasonable terms and conditions. Copies of agreements between a franchisee and third party for use of conduits or other facilities shall be filed with the city upon request provided that the franchisee shall have the right to redact proprietary and confidential information in the agreements as it pertains to financial arrangements between the parties.
(g) All wires, cable lines and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the rights and convenience of property owners. The city may issue generally applicable rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over the streets, as may be consistent with this article and the franchise agreement.
(h) All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with any preexisting gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the preexisting facilities of various utilities serving the residents of the city of their use of any street or any other public right-of-way.
(i) A franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the city's Building Code and Electrical Safety Ordinances and any other applicable Building or Electrical Safety Code, and in a manner so that they will not interfere with any installations of the city; and
(2) Keep and maintain in a safe, suitable, substantial condition and in good order and repair, all structures, lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and public ways or places of the city, wherever situated or located.
(j) On streets where electrical or telephone utility wiring is located underground, either at the time of initial construction of a cable system or at any time thereafter, a franchisee's cable shall also be located underground at the franchisee's expense only if the utilities in the area are also required to relocate their facilities underground at their expense or at a time that other utilities elect to locate underground. Between a street and a subscriber's residence, a franchisee's cable must be located underground if both electrical and telephone utility wiring are located underground. The city shall encourage, to the extent feasible, that the public utility and the franchisee cooperate in opening up trenches and making the trenches available to all parties with the understanding that the costs of opening and refilling of the trenches would be shared proportionately by all users of the trenches.
(k) In the event the use of any part of a cable system is discontinued for any reason for a continuous period of 12 months, or in the event the system or property has been installed in any street without complying with the requirements of this article or a franchise agreement, or the franchise has been terminated, canceled or expired, without right of renewal, the franchisee, within 30 days after written notice by the city, shall commence removal from the streets of all like property as the city may require.
(l) The city may extend the time for the removal of a franchisee's equipment and facilities for a period not to exceed 180 days, and thereafter the equipment and facilities may be deemed abandoned, unless the franchisee is diligently pursuing the removal.
(m) In the event of the removal or abandonment, the franchisee shall restore the area to as good a condition as prior to the removal or abandonment.
(Ord. 90-00, § 3, 9-11-2000)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH15FR_ARTICACO_S15-21USSTFetched: 11/4/2026