(a)   Findings and Purpose.
      (1)   The City of Miamisburg is vitally concerned with the use of the various rights-of- way in the City, as such rights-of-way are valuable and limited resources which must be utilized to promote the public health, safety and welfare, including the economic development of the City.
      (2)   Changes in the utilities and communication industries have increased the demand and need for access to public rights-of-way and placement of facilities and structures therein.
      (3)   It is necessary to comprehensively plan and manage access to, and structures and facilities in, the public rights-of-way to promote efficiency, lessen the public inconvenience of uncoordinated work in the rights-of-way, and promote public safety.
      (4)   In recognition of the limited space available in the City rights-of-way, the City shall promote the co-location of utilities to minimize intrusions into the rights-of- way.
      (5)   While not a principal purpose of this chapter, an ingredient or component of this chapter is to protect the public welfare by protecting real estate from impairment and destruction of value by taking into account aesthetic considerations in the requirement by the City.  When it would be practical in the opinion of the City, the underground placement of any element of a public or private utility system located in the public rights-of-way may be required, to the extent permitted by law.
      (6)   The City has rights under the laws and Constitution of the State of Ohio, including but not limited to Article 18, Sections 3, 4, and 7, to regulate public and private entities which use the public rights-of-way.
   (b)   Scope.  The provisions of this chapter shall apply to all users of the rights-of-way as provided herein, except as provided elsewhere in these Codified Ordinances.  To the extent that any provision in this chapter conflicts with other provisions of these Codified Ordinances, or provisions of the Ohio Revised Code, the provisions of this chapter shall control.
   (c)   Definitions.  For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings as set forth herein. When not inconsistent with the context, words in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “will” are mandatory, and “may” is permissive. Words not defined shall be given their common and ordinary meanings. References hereafter to “sections” are, unless otherwise specified, references to sections in this chapter.  Defined terms remain defined terms whether or not capitalized.
      (1)   “Certificate of registration.”  A document issued by the City to a utility service provider required before any element of its utility system is permitted to be located in the city public right-of-way.
      (2)   “City.”  The City of Miamisburg, Ohio.
      (3)   “City Council.”  The elected legislative decision-making body for the City.
      (4)   “City Manager.”  The administrative head of the municipal government known as the City of Miamisburg, or the official designee appointed by the City Manager to implement all or some of the provisions of this chapter.
      (5)   “Codified Ordinances.”  The Codified Ordinances of the City.
      (6)   “Element.”  Any tangible thing located in the public right-of-way that is part of a utility system. Electromagnetic radiation that is not visible to the human eye shall not be considered a tangible thing.
      (7)   “Equipment.”  Any element of a utility system.
      (8)   “Facility” or “facilities.”  Any tangible thing located in the public right-of-way that is part of a utility system. Electromagnetic radiation that is not visible to the human eye shall not be considered a tangible thing.
      (9)   “Law(s).”  Any local, State, or Federal legislation, judicial. or administrative order, certificates, statute, constitution, ordinance, resolution, regulation, rule, tariff, or other requirement in effect either at the time of execution of this chapter or at any time during the location of, and/or while a provider's facilities are located in the public rights-of-way.
      (10)   “Permit.”  A street opening permit for work in the right-of-way.
      (11)   “Person.”  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.
      (12)   “Provider.”  A utility service provider.
      (13)   “Public right(s)-of-way” or “right(s)-of-way.”  The surface and space in, on, above, within, over, below, under or through any real property in which the City 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, path, parkway, river, tunnel, viaduct, bridge, conduit, easement, or any other place, area or real property owned by or under the legal or equitable control of the City that, consistent with the purposes for which it was dedicated, may be used for the purposes of constructing, operating, repairing or replacing a public or private utility system.  “Public rights-of-way” shall not include a public building, public park, or other public property or easement that has not been dedicated to a compatible use, except to the extent the use or occupation of such property is specifically granted in a permit or approved by law.
      (14)   “Street opening permit.”  The permit for special licenses and privileges that must be obtained from the City Manager pursuant to Chapter 1020, et seq., and to this chapter.
      (15)   “System.”  A utility system.
      (16)   “Title.”  A Title of these Codified Ordinances.
      (17)   “Utility service provider.”  A person that owns, operates, or controls a utility system.
      (18)   “Utility system.”  A functionally related group of facilities or elements that deliver a service, such as but not limited to water, sanitary sewage collection, storm water collection, gas, fuel, heat, steam, electricity, electric-powered trolley bus, electric powered light or heavy rail transit, telephone, integrated service digital network (ISDN), cellular telephone, personal communication services (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, telecommunications, data transmission, fiber optic network information transmission, private fiber optic data transmission lines between buildings, computer interconnection, roadway traffic signal interconnection, internet computer access including e-mail communications, rail transportation, or water transportation.
(Ord. 5472.  Passed 3-20-01.)