For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Applicant.” Any person applying for a permit hereunder.
(2) “Approved.” Approval by the Municipality pursuant to this chapter or any regulations adopted hereunder.
(3) “Best efforts.” The best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(4) “Council.” The governing body of the Municipality.
(5) “Director.” The Service Director as set forth in the Municipality's Charter.
(6) “Force majeure.” 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 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.
(7) “Franchise.” A valid franchise pursuant to the Constitution and laws of the State and/or the United States, extended by the Municipality and accepted by any person, pursuant to which such person may operate or provide utility, cable television, communications or other such services to consumers within the Municipality.
(8) “Gross revenues.” All cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a general permittee arising from or attributable to the sale or exchange of any services within the Municipality in any way derived from the operation of its facilities in or use of the rights of way.
(9) “Municipality.” The Municipality of Carlisle, 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 of, the Municipality, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(10) “Permit.” The non-exclusive grant of authority to use or occupy all or a portion of Municipality's right of way granted pursuant to this chapter.
(11) “Permittee.” Any person issued a permit pursuant to this chapter to use or occupy all or a portion of the right of way in accordance with the provisions of this chapter and the permit.
(12) “Public property.” Any real property, other than a right of way, except for the last sentence of the definition of "right of way" in this section, owned by the Municipality.
(13) “Open video system.” A term used but not defined in the Federal Telecommunications Act of 1996. It is understood to mean infrastructure for distributing video and audio signals, a majority of whose bandwidth is leased to independent providers of programming, other than the owner of the infrastructure.
(14) “Regulations.” Any rule adopted by the Director pursuant to the authority of this chapter, pursuant to the procedure set forth in Section 1030.10, to carry out its purpose and intent.
(15) “Residential related purposes.” Residential use of right of way for mailboxes, decorative purposes or any curb cuts and driveways.
(16) “Right of way.” 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 Municipality which shall, in accord with its limiting language and within its proper use and meaning in the sole opinion of the Municipality, entitle a permittee, 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. The term shall also include public property, but only to the extent the use or occupation thereof is specifically granted or by ordinance or regulations.
(17) “Subchapter” or “this subchapter”. This subchapter of the Codified Ordinances of the Municipality, as amended from time to time and any regulations adopted hereunder.
(Ord. 18-02. Passed 4-23-02.)