919.01 Short title.
919.02 Definitions.
919.03 Purpose.
919.04 Construction and repair of facilities.
919.05 Obstruction of rights-of-way.
919.06 Application for rights-of-way construction permits.
919.07 Issuance of rights-of-way construction permits.
919.08 Rights-of-way construction permit fees.
919.09 Location of facilities.
919.10 Restoration of rights-of-way.
919.11 Relocation of facilities.
919.12 Temporary movement of facilities.
919.13 Tree trimming.
919.14 Joint planning and cooperation.
919.15 Erection and common use of poles and ducts.
919.16 Safety requirements.
919.17 Maps.
919.18 Indemnification.
919.19 No recourse.
919.20 Liability insurance and bonds.
919.21 Written notice.
919.22 Severability.
919.23 Removal of facilities.
919.24 Revocation of permit.
919.25 Reservation of rights.
919.26 Non-enforcement and waivers by City.
919.27 Captions.
919.28 Application to City.
919.99 Penalty.
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.
(a) “Cable operator” has the same meaning as in Section 2 of the “Cable Communications Policy Act of 1984,” 96 Stat. 2779, 47 U.S.C.A. 522, as amended.
(b) “City” means the entire City of Canfield, Ohio as the same now or in the future may exist.
(c) “Facilities” means the utility poles, wires, cables, lines, guys, anchors, manholes, vaults, pipes, conduits, ducts, pedestals, antennas, transformers, crossbars, repeaters, hubs, routers, and other equipment and related appurtenances owned, controlled or used by cable operators and utility service providers.
(d) “Force majeure” means a strike, Acts of God, acts of public enemies, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities, or 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, political subdivisions or any other cause or event not reasonably within the control of the disabled party.
(e) “Grantee” means a person to whom a rights-of-way construction permit is granted, and its agents, employees and contractors.
(f) “Person” means an individual, firm, corporation, limited liability company, partnership, proprietorship, association, or legal entity or organization of any kind.
(g) “Rights-of-way” means the surface, the air space above the surface, and the area below the surface, including the entire width, of any public streets, highways, roadways, avenues, lanes, alleys, courts, places, curbs, sidewalks, rights-of-way, or other public ways in the City which have been or may hereafter be dedicated to or otherwise acquired by the City.
(h) “Rights-of-way construction permit” means a permit issued pursuant to this chapter which authorizes the grantee the right to construct or place facilities in the rights-of-way subject to and in accordance with this chapter.
(i) “Utility service provider” means a natural gas company, local exchange telephone company, interexchange telecommunications company, electric company, or any other entity that occupies a public way to deliver water, sanitary service, storm sewer, natural gas, electric or telecommunications services.
(Ord. 2008-32. Passed 10-15-08.)
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