For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense. Words in the plural form include the singular form, and words in the singular form include the plural form. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in the Chapter 905. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(a) "Applicant" means any Person applying for a Permit hereunder.
(b) "Approved" means approval by the City pursuant to this chapter or any Regulations adopted hereunder.
(c) "Best Efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology and human resources and cost.
(d) "Cable Television Service" means the one-way transmission to subscribers of video programming or other programming service, and subscriber interaction, if any, which is required for the selection or use of such video programming or any other programming service.
(e) "Chapter” or "this chapter" means Chapter 905 of the Codified Ordinances of the City, as amended from time to time, and any Regulations adopted hereunder.
(f) "City" means the City of Grandview Heights, 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 on behalf of, the City of Grandview Heights, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(g) "Council" means the Council of the City of Grandview Heights.
(h) "Director" means the Director of Service.
(i) "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(j) "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind issued by the government of the United States of America or of the State of Ohio or any of their departments, agencies, or relevant 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 and to the extent that, the Force Majeure prevents compliance or causes noncompliance with the provisions hereof.
(k) "Franchise" means the nonexclusive right, pursuant to the Constitution and laws of Ohio and/or the United States, granted by the City pursuant to Chapter 705 to operate a cable communications system or provide cable television service to consumers within the City.
(l) "Permit" means the nonexclusive grant of authority to use or occupy all or a portion of City's Rights-of-Way granted pursuant to this chapter.
(m) “Permittee" means any person issued a Permit pursuant to this chapter to use or occupy all or a portion of the Rights-of-Way in accordance with the provisions of this chapter and said Permit.
(n) "Person" means any natural person or any association, firm. partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit.
(o) "Regulation" means any rule adopted by and pursuant to the authority of this chapter.
(p) "Residential Related Purposes" shall mean residential use of Right-of-Way for mailboxes, residential sewer and water lines, fences, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the Right-of-Way by ordinance.
(q) “Right of Way" or "Rights-of-Way" means 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 City which shall, within its proper use, 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 facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any Permit. Right-of-Way shall also include publicly owned property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by Regulation.
(Ord. 97-36. Passed 12-1-97.)