For purposes of this Chapter 901, the following terms, phrases, words, and their derivations shall have the meanings given herein.When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this section.The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Applicant" means any Person applying for a Permit hereunder.
(b) "Approved" means approval by the Village pursuant to this Chapter or any Regulations adopted hereunder.
(c) "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(e) "Chapter" or "this Chapter" means this Chapter 901 of the Codified Ordinances of the Village, as amended from time to time and any Regulations adopted hereunder.
(f) “Village" means the Village of Ashville, Ohio, or, as appropriate in the case of specific provisions of this Chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the Village of Ashville, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(g) "Council" means the Council of the Village of Ashville.
(h) “Administrator” means the Village Administrator.
(i) "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
(j) “Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the Village pursuant to this Ordinance to operate or provide cable television or services to consumers within the Village.
(k) “Permit" means the non-exclusive grant of authority to use or occupy all or a portion of Village's Rights of Way granted pursuant to this Chapter.
(l) "Permittee" means any person issued a Permit pursuant to this Chapter to use or occupy all or a portion of the Rights of Way in accordance with the provisions of this Chapter and said Permit.
(m) “Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not- for-profit.
(n) "Public Property" means any real property, other than a Right of Way, except for the last sentence of subsection (q) hereof owned by the Village.
(o) "Regulation" means any rule adopted by andpursuant to the authority of this Chapter.
(p) "Residential Related Purposes" shall mean residential use of right-of-way for mailboxes, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the Right-of-Way by ordinance.
(q) "Rights-of-Way" means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement or right of way now or hereafter held by the Village which shall, within its proper use, entitle a Permittee or Franchisee, in accordance with the terms hereof and of any Permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any Franchise or any Permit. Right of Way shall also include Public Property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by Regulation.
(Ord. 2008-11. Passed 12-15-08.)