(A) Rules of construction.
(1) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Chapter 111 of the County Code, and words not defined therein shall have their common and ordinary meaning.
(2) 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; the masculine gender includes the feminine gender, and vice versa.
(3) The words “shall” and “will” are mandatory, and “may” is permissive.
(B) Defined terms. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CARROLL COUNTY. Where appropriate to the context, the area located within the geographic boundaries of the county, exclusive of the municipalities located therein.
CLAIMS. All actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, attorney’s fees, and costs.
COMPLAINT. An allegation by a resident that a utility is excavating, constructing, or performing other work in a public street in violation of this subchapter. The term does not include a service-related complaint handled by a utility in the ordinary course of its business.
DEPARTMENT. The Department of Public Works, or its successor agency.
DIRECTOR. The Director of Public Works or the Director’s designee.
EXCAVATION. Any work in the surface or subsurface of a right-of-way.
FACILITY. All appurtenances or tangible things owned, leased, operated, or licensed by a utility.
OBSTRUCTION. Any object or structure that blocks or impedes the construction or maintenance of public works, including private facilities that provide electricity, gas, information services, sewer services, stream, telecommunications, traffic controls, transit service, video, water, or other services to customers; shrubbery or plants of any kind; and storage materials.
OWNER. A person who owns a facility that is or is proposed to be installed or maintained in a right-of-way.
PERMITTEE. A person who has received a permit from the county.
PUBLIC STREETS. The surface of and the space above and below any public street, avenue, highway, boulevard, concourse, driveway, parkway, waterway, dock, bulkhead, wharf, pier, alley, or right-of-way.
UTILITY. An owner whose facilities in public streets are used to provide electricity, gas, information services, sewer service, steam, telecommunications, traffic controls, transit service, video, water, or other services to customers. UTILITIES owned by a governmental entity are exempt from the terms of this subchapter.
(2004 Code, § 92-1) (Ord. 08-11, passed 12-18-2008)