For the purposes of this chapter, the following terms, phrases, and their derivations shall have the meanings given below unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural.
(a) "Agreement" means any written instrument executed by the Service Provider and the Director or Municipality that sets forth all applicable conditions, fines, fees, schedules or terms in addition to, in place of, or as a supplement to the Permit and/or this chapter.
(b) "Conduit Facility" means any structure or section thereof containing one or more lines, poles, pipes, conduits, ducts, equipment, and related appurtenances and facilities used by Service Provider pursuant to this chapter.
(c) "Director" means the Safety Service Director or his or her designee, who is designated by the terms of this ordinance to administer the terms of this ordinance, issue permits, inspect work and initiate any corrective or enforcement actions.
(d) "Municipality" or "City" means the City of Deer Park, a municipal corporation of the State of Ohio and includes the municipal government of the Municipality, including the Council, the Mayor, and all administrations, commissions, offices, agencies, departments, bureaus and agents of the Municipality, and also the territory currently, or which may in the future be included, within the geographic boundaries of the City of Deer Park.
(e) "Permit" means the non-exclusive grant of authority to use or occupy all or a portion of the City's Rights-of-Way in accordance with the terms of this chapter, the executed Right-of-Way Agreement, or any Permit provided for by this chapter.
(f) "Person" means any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity.
(g) "Regulation" means any rule, standard or procedure adopted by the Director pursuant to the authority of this chapter as provided in Section 917.04
(e).
(h) "Right-of-Way" means the surface and the space above and below any public street, road, highway, freeway, avenue, boulevard, parkway, drive, lane, path, way, alley, court, or sidewalk, including under or along bridges or viaducts or any other public easement or right-of-way now or hereafter held by the Municipality which shall in accord with its limiting language and with its proper use and meaning, as determined at the sole discretion of the Municipality, entitle a Service Provider in accordance with the terms of this chapter and of any Permit or Agreement, to use thereof for the purposes 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 that service for which the Permit was issued.
(i) "Service Provider" means a Person that owns, operates, or controls a Telecommunications System which contracts with the City for Telecommunications Services.
(j) "Telecommunications Services" shall mean voice, video, data transmission, or any other means of transmission over any telecommunications system, including but not limited to telephone, integrated service digital network (ISDN), cellular telephone, personal communication service (PCS), competitive access Providers (CAPs), or competitive local exchange carriers (CLECs) that provide telephone service, paging and signaling systems, satellite phone service, radio, television, cable television, digital television (DTV), video, open video services (OVS), wireless television systems, direct broadcast satellite (DBS) video systems, data transmission, fibre optic network information transmission, private fiber optic data transmission lines between buildings, computer interconnection, roadway traffic signal interconnection, and Internet computer access including e-mail communications.
(k) "Telecommunications System" means any tangible thing located in the Public Right-of-Way functionally related to the necessary facilities and other property owned, used or leased by the Service Provider for purposes of providing Telecommunications Services in the City of Deer Park including but not limited to any cable, fiber, apparatus or auxiliary equipment for the purpose of providing said Telecommunications Service. (Ord. 01-19. Passed 6-11-01.)