For purposes of this Chapter, 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 949.02. 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 City 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.
(d) "Cable Operator" has the same meaning as in section 2 of the "Cable Communications Policy Act of 1984," - 98 Stat. 2779, 47 U.S.C.A. 522, as amended.
(f) "Chapter" or "this Chapter" means this Chapter (949) of the Codified Ordinances of the City, as amended from time to time and any Regulations adopted hereunder.
(g) "City" means the City of Blue Ash, Ohio, or as appropriate in the case of specific provisions of the Chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the City of Blue Ash, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(h) "Contractor" means any individual or company performing or subcontracting to perform the construction or installation of the facilities needed for the rendering of the services being provided by the permittee or franchisee.
(i) "Council" means the Council of the City of Blue Ash, Ohio.
(Ord. 2001-23. Passed 2-8-01.)
(j) "Director" means the Public Works Director or in his/her absence, the Assistant City Manager of the City of Blue Ash, Ohio.
(Ord. 2001-23. Passed 2-8-01; Ord. 2008-35. Passed 6-12-08.)
(k) "Emergency" means any situation, occurrence, or happenstance that requires and demands immediate attention for the correction, maintenance, or reinstallation of the service provided by the permittee or franchisee to correct or prevent any imminent danger to the safety, health, and welfare of the public.
(l) "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 noncompliance with the provisions hereof.
(m) "Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the City pursuant to this Chapter 955 to operate or provide cable television or services to consumers within the City.
(Ord. 2001-23. Passed 2-8-01.)
(Ord. 2001-23. Passed 2-8-01.)
(n) "Micro wireless facility" means a small cell facility that is not more than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven inches in length suspended on cable strung between wireless support structures.
(Ord. 2018-7. Passed 7-12-18.)
(o) "Permit" means the nonexclusive grant of authority to use or occupy al1 or a portion of City's Rights of Way granted pursuant to this Chapter.
(p) "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.
(q) "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.
(r) "Public Property" means any real property, other than Right of Way, except for the last sentence of Section 949.02(v) of this Chapter owned by the City.
(s) "Public Way" means any public street, road, highway, public easement, or public waterway, and includes the entire width of any right of way associated with any public way.
(t) "Regulation" means any rule adopted by and pursuant to the authority of this Chapter.
(u) "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.
(v) "Right 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 City which shall, within its proper use, entitle a Permittee of Franchisee, in accordance with the teens 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. 2001-23. Passed 2-8-01.)
(w) "Small cell facility" means a wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
(Ord. 2018-7. Passed 7-12-18.)
(x) "Telecommunication" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
(y) "Telecommunication Service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(z) "Utility" means water, electric, storm sewer, sanitary sewer services, and the companies or agencies providing said service.
(aa) "Utility Service Provider" means a natural gas company, local exchange telephone company, interexchange telecommunications company, electric company, or any other person that occupies a public way to deliver natural gas, electric, or telecommunications services.
(Ord. 2001-23. Passed 2-8-01.)
(bb) "Wireless support structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. "Wireless support structure" excludes all of the following:
(1) A utility pole or other facility owned or operated by a municipal electric utility;
(2) A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolley buses.
(Ord. 2018-7. Passed 7-12-18.)
(Ord. 2018-7. Passed 7-12-18.)