For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CABLE SERVICES. The one-way transmission to subscribers of video programming and other programming services, together with subscriber interaction, if any, which is required for the selection of the programming and programming services.
COMMERCIAL MOBILE RADIO SERVICES. Two-way voice commercial mobile radio services as defined by the federal Communications Commission in 47 U.S.C. § 157.
DEPARTMENT. The department, division, or city employee to whom responsibility for the administration of this chapter has been delegated by the City Manager. Generally, the DEPARTMENT will be the City Public Works Department and persons seeking permits pursuant to this chapter may obtain necessary forms and information from the permit counter in the Public Works Department.
ENCROACH or ENCROACHMENT. Includes, but is not limited to, the performance of any of the following acts:
(1) Excavating, filling, or disturbing the surface;
(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, newsstand, mailbox, pipe, conduit, wire, or other structure on, over, or under the surface of any public place, highway, or watercourse;
(3) Planting any tree, shrub, grass, or other growing thing;
(4) Placing or leaving any rubbish, brush, earth, or other material of any nature whatsoever;
(5) Constructing, placing, maintaining on, over, or under the surface of any public place, right-of-way, street, pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility, any pipe, conduit, wire, cable, or telecommunication facility;
(6) Traveling by any vehicle or combination of vehicles or object of dimension, weight, or other characteristic prohibited by law without a permit;
(7) Lighting or building a fire;
(8) Constructing, placing, planting, or maintaining any structure, embankment, excavation, or other objects adjacent to a right-of-way or watercourse which causes or will cause an encroachment; and/or
(9) The application of paint or other marking materials to any pavement or curb.
FACILITIES. The plant, equipment, and property, including but not limited to boxes, poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under highways.
FCC. The Federal Communications Commission or a designated representative.
FRANCHISE. The same as defined under Article XIII of the Arizona Constitution.
HIGH-VOLTAGE ELECTRIC TRANSMISSION LINE. A power line that carries high voltage between a generating plant and a substation. These lines are usually 60 Kilovolts (kV) and greater, and are considered hazardous. Lines with a capacity of 12 to 60 kV and above are considered high voltage. High voltage lines do not include local distribution and service lines.
HIGHWAY. The full width of the right-of-way of any road, street, highway, alley, land, or pedestrian walkway used by or for the general public, whether or not the road, street, highway, alley, land, or pedestrian right-of-way has been improved or accepted for maintenance by the city. HIGHWAY also means and includes land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.
LICENSE. Any authorization granted under these licensing requirements or other sections of this code, in terms of a privilege, permit, license, or otherwise to construct, install, operate, and/or maintain telecommunications facilities to provide telecommunications services, a fiber optic cable system, a cable television system, or any other use in the city.
PUBLIC PLACE. Any property owned, maintained, or controlled by the city.
RIGHT-OF-WAY. The same as HIGHWAY as defined hereinabove.
STREET. The same as HIGHWAY as defined hereinabove.
TELECOMMUNICATION PROVIDER. A telecommunications corporation who constructs, installs, operates, and maintains telecommunications facilities in the city.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received. The term does not include commercial mobile radio services, pay phone services, interstate services or cable services.
TELECOMMUNICATIONS CORPORATION. Any public service corporation to the extent that it provides telecommunications services in the state.
TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public or to such users as to be effectively available directly to the public, regardless of the facilities used.
(Prior Code, Art. 18-1) (Res. R23-04-04, passed 4-18-2023; Ord. O23-04-04, passed 4-18-2023)