(A)   The following terms and phrases when used throughout this Chapter 93 shall have the meanings ascribed to them in this section.
      ARTICLE. Sections 93.50 through 93.57 of this Chapter 93 .
      DIRECTOR OF PUBLIC SERVICES. Such director and any person to whom such director specifically delegates the powers under this Chapter 93 .
      EFFECTIVE DATE. The date upon which this article is considered adopted pursuant to I.C. 36-3-4-14.
      ENTITY. A corporation, partnership, limited liability company, association, firm, other entity, and any governmental agency, authority, board, agency and department.
      FACILITIES. Include, without limitation, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennae, poles, ducts, conductors, lines, mains, vaults, appliances, attachments, equipment, structures, manholes, and other like equipment, fixtures and appurtenances used in connection with transmitting, receiving, distributing, offering, and providing utility services, cable television, communications, signaling, electricity, water, steam and other services or functions.
      MUNICIPALLY OWNED UTILITY FACILITIES. Any facilities owned by the town, or any division, department, bureau or agency thereof, including the utilities department and the department of public works, and for which a user fee or charge is made or collected by or on behalf of such owner.
      OCCUPANT. Any person or entity who owns any facilities occupying the public rights-of-way. If the owner of any facilities leases or licenses such facilities exclusively to another person or entity and if the lease or license so provides and a copy of such lease or license is filed with the department of public works, then the lessee or licensee thereof shall be deemed the OCCUPANT of such facilities for purposes of this subchapter.
      OCCUPY (AND THE VARIOUS FORMS OF SUCH WORD, SUCH AS OCCUPYING, OCCUPIED, ETC.). To install, construct, maintain, operate or own any facilities in the public rights-of-way.
      PERSON. An individual or natural person.
      PUBLIC EASEMENT. Any easement owned or controlled by the town and established, acquired, dedicated, or devoted to public utility purposes, including the area above and below such easements.
      PUBLIC RIGHT-OF-WAY. Any travelled way and/or any public easement.
      PUBLIC UTILITY. Shall have the meaning ascribed thereto in I.C. 8-1-2-1(a).
      REGULATION. Any regulation adopted by the Town Council as well as the whole or any part of an agency statement of general applicability that:
         (a)   Is adopted pursuant to authority delegated by an ordinance of the council or statute of the state;
         (b)   Has or is intended to have the effect of law; and
         (c)   Implements, interprets or prescribes laws or policy of the agency.
      TRAVELED WAY. Any highway, street, alley, sidewalk or other public right-of-way for motor vehicle or pedestrian travel under the jurisdiction or control of the town, including any areas within any public right-of-way that may be unpaved and the unoccupied area above and below such rights-of-way.
      UTILITIES DEPARTMENT. The Department of Public Utilities of the town created under I.C. 8-1.5.
   (B)   The terms public easement, public rights-of-way, travelled way and thoroughfare do not include the airwaves above the same as those airwaves are used for cellular or other non-wire telecommunications or broadcast services.
(Ord. 2018-09, passed 1-7-2018)