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5. To any person who has failed within the past three (3) years to comply, <br /> or is presently not in full compliance, with the requirements of this <br /> Chapter; <br /> 6. To any person as to whom there exists grounds for the revocation of a <br /> permit under this Chapter; and <br /> 7. If, in the discretion of the City, the issuance of a permit for the <br /> particular date and/or time would cause a conflict or interfere with an <br /> exhibition, celebration, festival, or any other event. The City, in <br /> exercising this discretion, shall be guided by the safety and <br /> convenience of ordinary travel of the public over the Right-of-Way, <br /> and by considerations relating to the public health, safety and welfare. <br /> B. Permissive Denial. The City may deny a permit in order to protect the public <br /> health, safety and welfare, to prevent interference with the safety and <br /> convenience of ordinary travel over the Right-of-Way, when necessary to <br /> protect the Right-of-Way and its users. The City may consider one or more of <br /> the following factors: <br /> 1. The extent to which Right-of-Way space where the permit is sought is <br /> available; <br /> 2. The competing demands for the particular space in the Right-of-Way; <br /> 3. The availability of other locations in the Right-of-Way or in other <br /> Rights-of-Way for the equipment of the permit applicant; <br /> 4. The applicability of ordinance or other regulations of the Right-of- <br /> Way that affect location of equipment in the Right-of-Way; <br /> 5. The degree of compliance of the applicant with the terms and <br /> conditions of its franchise, this Chapter and other applicable <br /> ordinances and regulations; <br /> 6. The degree of disruption to surrounding communities and businesses <br /> that will result from the use of that part of the Right-of-Way; <br /> 7. The condition and age of the Right-of-Way, and whether and when it <br /> is scheduled for total or partial reconstruction; and <br /> 8. The balancing of the costs of disruption to the public and damage to <br /> the Right-of-Way, against the benefits to that part of the public served <br /> by the expansion into additional parts of the Right-of-Way. <br /> C. Discretionary Issuance. Notwithstanding the provisions of this Chapter, the <br /> City may issue a permit in any case where the permit is necessary (1) to <br /> prevent substantial economic hardship to a customer of the permit applicant, <br /> or(2) to allow such customer to materially improve its utility service, or(3) to <br /> 360- 14 <br />