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 number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this chapter. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning.
(a) “Applicant.” Any person applying for a permit hereunder.
(b) “Approved.” Approval by the village pursuant to this chapter or any regulations adopted hereunder.
(c) “Best efforts.” 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.” The one-way transmission to subscribers of video programming or any 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) “Council.” The Council of the Village of Minerva Park.
(f) “Emergency.” A reasonably unforeseen occurrence with the potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(g) “Force majeure.” A strike, acts of God, acts of public enemies, orders of any kind of the government of the United States of America or the State of Ohio or any of its departments, agencies 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 other party as soon as practicable regarding such “force majeure”, and then for only so long as and to the extent that the “force majeure” prevents compliance or causes non compliance with the provisions hereof.
(h) “Mayor.” The Director of Public Services (or the equivalent).
(i) “Permit.” The non-exclusive grant of authority to use or occupy all or a portion of the village’s rights-of-way granted pursuant to this chapter.
(j) “Permittee.” 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.
(k) “Person.” Any natural person or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not-for-profit.
(l) “Regulation.” Any rule adopted by and pursuant to the authority of this chapter.
(m) “Residential related purposes.” Residential use of a right-of-way for mailboxes, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the right-of-way by ordinance.
(n) “Right-of-way” or “rights-of-way.” 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 village which shall, within its proper use, entitle a permittee, in accordance with the terms hereof and 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 that the use or occupation thereof is specifically granted in a permit or by regulation.
(o) “Right-of-way work permit.” A permit granted by the Director, authorizing actual physical work by a permittee in the right-of-way.
(p) “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.
(Ord. 6-97, passed 7-14-1997)