711.03 DEFINITIONS.
For the 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 singular number include the plural number, and vice versa, and masculine pronouns include the feminine. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(1) "Applicant" means any person applying for a permit hereunder.
(2) "Approved" means approval by the City pursuant to this chapter or any rules or regulations adopted hereunder.
(3) "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 costs.
(4) "Council" means the governing body of the Municipality.
(5) "Director" means the official designated to administer the terms of this chapter, issue permits, inspect work and initiate any corrective or enforcement actions.
(6) "Easement" refers to rights to use of defined portions of private lands for the installation, maintenance, repair and replacement of various infrastructures.
(7) "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government entity of the United States, State of Ohio, or any of their departments, agents or 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 that the disabled party notifies the Municipality as soon as practicable regarding such Force Majeure, and then only for so long as and to the extent that the Force Majeure prevents compliance or causes noncompliance with the provisions hereof.
(8) "Franchise" means a valid franchise issued pursuant to the Constitution and Laws of Ohio, and/or the United States, extended by the Municipality and accepted by any person for the purposes of delivering services of any kind to residents of the Municipality by way of the public rights-of-way.
(9) "Infrastructure" means any physical plant or facility of any kind.
(10) "Gross Revenues" means a reasonable estimation of all cash, credit, property of any kind or nature, or other consideration received directly or indirectly by a Permittee arising from or attributable to the sale or exchange of any services within the Municipality in any way derived from the use of the Rights-of-Way; provided, however, that "Gross Revenues" does not include revenues arising from services, which, in the case of telecommunications services, neither terminate nor originate within the Municipality, or in the case of other services, are not consumed or used within the Municipality.
(11) "Minor Use" means any use of the Rights-of-Way that entails construction, operation or maintenance of infrastructure, obstruction, or use other than Residential Related Purposes and ordinary traffic that has an insignificant impact on the right-of-way including without limitation such uses as sidewalks, curb-cuts, driveways, and minor encroachments. Ordinary traffic shall not include moving an excess load of greater width, height, length or weight than is permitted by law per load, any parades, carnivals, demonstrations, or marches, or other special uses of the rights-of-way.
(12) "Municipality" means the City of Macedonia, Ohio or any of its boards, departments, officers, agents or employees acting on behalf of the City or the designee of any of the foregoing or any successor thereto. Any reference to a governmental entity in this chapter shall include the Municipality unless otherwise noted.
(13) "Ordinance" means this chapter or Chapter 711 of the Macedonia Codified Ordinances, as the same may be amended from time to time, and any rules or regulations promulgated thereunder.
(14) "Open Video System" is a term used but not defined in the Federal Telecommunications Act of 1996. It is understood to mean infrastructure for distributing video and audio signals, a majority of whose bandwidth is leased to independent providers of programming, other than the owner of the infrastructure.
(15) "Permit" means the nonexclusive grant of authority to use or occupy all or a portion of the Municipality's rights-of-way in accordance with the terms of this chapter and the permit. There shall be three classes of permits, which are as follows: (a) "User" permit for those uses of the Rights-of-Way that entail construction, operation and maintenance of infrastructure, obstruction, or use other than Residential Related Purposes and ordinary traffic, on an ongoing basis; (b) "Minor Use" permit for the aforementioned uses that have an insignificant impact on the public Right-of-Way; and (c) "Temporary permit for one time or occasional entry, opening, obstruction, or use, other than Residential Related Uses and ordinary traffic of a public Right-of-Way. Ordinary traffic shall not include moving an excess load of greater width, height, length or weight than is permitted by law per load, any parades, carnivals, demonstrations, or marches, or other special uses of the rights-of-way.
(16) "Permittee" means any person issued a permit pursuant to this chapter to make any use of all or any portion of the rights-of-way in accordance with the provisions of this chapter and the permit.
(17) "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.
(18) "Public Property" means any real property owned by the Municipality, other than a Right-of-Way, except as provided otherwise herein.
(19) "Public Utility" means any entity deemed to be a public utility under Ohio law.
(20) "Regulation" means any rule, standard or procedure adopted by the Director as provided in this chapter.
(21) "Residential Related Purpose" means residential uses of the Rights-of- Way for mailboxes, decorative landscaping (except trees), and similar uses but shall not include curb-cuts, driveways, sidewalks and other minor uses.
(22) "Right-of-Way" means the surface and the space above and below any real property in which the Municipality has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, or any other place, area, or real properly owned by or under the legal or equitable control of the Municipality that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, or repairing infrastructure.
(23) "Telecommunications Network" means a network created to provide telecommunications services to residents, businesses or other premises within the City or through the City to service other municipalities.
(Ord. 5-2003. Passed 3-13-03.)