For the purpose of this Chapter, the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise. When not inconsistent, words in present tense include future, words in plural include singular, singular include plural. Words not defined shall be given their common and ordinary meaning:
APPLICANT: | Any person or entity that applies for any permit pursuant to this Chapter. |
CITY: | The City of Heyburn, Minidoka County, Idaho or its authorized designees. |
CITY PROPERTY: | All real property owned by the City or dedicated for a specific purpose, other than public ways and utility easements as those are defined herein. City property shall include, for example, all City-owned poles, buildings and antenna support structures and infrastructure outside of the public ways, provided that additional Agreements, Pole Attachment Agreements or Leases with the City shall be required for their use. |
EASEMENT: | As used in this chapter and in title 9 of this Code, shall mean an easement granted to or reserved by the City for municipal or public purposes, including, but not limited to: access to City property; use of land for access by the City to utilities, or use of land to place City utilities upon; or access to utilities or use of land by franchisees or use by other authorized third party utility providers, as provided in Idaho Code section 50-329A, or by other providers or persons, or otherwise provided by law.> |
ENCROACHMENT: | Any impermissible or unlawful use of an easement. It includes any unauthorized use of an easement, including, but not limited to: construction of unauthorized structures upon an easement; unauthorized blocking of any easement or unauthorized restriction of access or use of same; an expansion of use beyond the grant of use; use of the easement for purposes not granted or reserved by the City; or any other improper use or any misuse of the easement as defined by law. |
PERMIT: | The authorization in whatever form whereby the City may grant permission for construction to a provider or other person to enter and use the specified public ways for the purpose of installing, maintaining, operating, repairing, or removing facilities. |
PERSON: | Includes any natural person, sole proprietorship, joint venture, corporations, associations, partnerships, limited liability companies, and any other form of entity. Person shall not include the City. |
PROVIDERS: | Include all broadband, telecommunications, video service, telephone, gas, electric, and other utility service and infrastructure providers. |
STATE: | State of Idaho |
TELECOMMUNICATIONS PROVIDER: | A telecommunications service provider or infrastructure provider, or both, as applicable. |
TELECOMMUNICATIONS SERVICE: | As defined in 47 U.S.C. 153(53). (Ord. 2023-861, 2-14-2024) |