For purposes of this chapter, the following terms shall have the meanings provided below, unless the context or use clearly indicates another or different meaning or intent. Words not defined shall be given their common and ordinary meaning.
(a) Affiliate means a Person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another Person.
(c) City means the City of Napoleon, Ohio.
(d) City Property means and includes all real property owned by the City, other than Public Streets and Public Easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to Construction Permits as provided in this chapter.
(e) Construct, Construction, etc. means to Excavate, obstruct or install wires, poles, signs or physical features, other than landscaping, in the Public Right-of-Way.
(f) Construction Permit or Permit means a permit obtained pursuant to this chapter to perform Construction in the Public Right-of-Way.
(g) Emergency means an unforeseen occurrence or condition calling for immediate action.
(h) Excavation or Excavate means to dig into or in any way remove or physically disturb or penetrate any part of the Public Right-of-Way.
(i) Excess Capacity means the volume or capacity in any existing or future duct, conduit, manhole, or other Facility in the Public Right-of-Way that is or will be available for use for additional Facilities.
(j) Facilities or System means the plant, equipment and property, including but not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, pipes, mains, plant, equipment and other appurtenances located under, on or above the surface of the ground In the Public Rights-of-Way of the City and used or to be used to transmit, receive, distribute, provide or offer Services.
(k) In, when used in conjunction with Public Right-of-Way or Public Street, means over, above, in, within, on, below or under the Public Right-of-Way.
(l) Inspector means Inspector of the City of Napoleon, Ohio Engineering Department as designated by the City Engineer or other Inspector as designated by the City Engineer which may or may not be of the City Engineering Department.
(m) Overhead Facilities means utility poles and wire, cables and other such equipment, running between and on such poles, including the underground supports and foundations for such facilities.
(n) Permit Holder means a Person who has received a Construction Permit as defined in Section 919.02(a).
(o) Person means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, trusts and individuals and include their lessors, trustees and receivers.
(p) Public Street means the paved and unpaved portion of any street, road, boulevard, drives, highway, freeway, parkway, lane, court, alley or other public right-of-way in which the City has an interest in law or in equity and which has been acquired, established, dedicated or devoted to street purposes.
(q) Public Easement means any easement under the jurisdiction and control of the City and acquired, established, dedicated or devoted for public purposes, including utility purposes.
(r) Public Right-of-Way means the surface and space above and below any real property in which the City has an interest in law or in equity, whether held in fee, or other estate or interest, or as trustee for the public, including but not limited to all Public Streets and Public Easements, as those terms are defined herein, sidewalks, treelawns and other property, but only to the extent of the Citys right, title, interest or authority to grant a Construction Permit.
(s) PUCO or Public Utilities Commission of Ohio means the State Administrative agency, or lawful successor, authorized to regulate and oversee certain Service Providers and Services in the State of Ohio.
(t) Reconstruct, Reconstruction, etc. means substantial physical change to all or a portion of an existing Facility or System involving Construction in the Public Streets, Public Utility Easements or Public Rights-of-Way.
(u) Service means the offering of utilities, telecommunications or cable for a fee directly to the public, or to such classes of users as to be effectively available to the public, regardless of the Facilities used.
(v) Service Provider means and includes every Person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering Service to the public within the City or outside of the Citys boundaries.
(w) State means the State of Ohio.
(x) Surplus Space means that portion of the Usable Space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by a Service Provider for a pole attachment.
(y) Trenchless Technology means the use of directional boring, horizontal drilling and micro-tunneling and other techniques in the Construction of underground portions of Facilities that results in the least amount of disruption and damage to the Public Right-of-Way as possible.
(z) Underground Facilities means Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.
(aa) Usable Space means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO.
(Ord. 133-01. Passed 12-3-01.)