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.
CERTIFICATE OF REGISTRATION. A document issued by the municipality to a utility service provider required before any element of its utility system is permitted to be located in the municipality public right of way.
CHAPTER. A chapter of this code.
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.
EQUIPMENT. Any element of a utility system.
FACILITY. 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.
LAW. 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.
MUNICIPALITY. The Village of New Lebanon, Ohio.
MUNICIPAL COUNCIL. The elected legislative decision-making body for the municipality.
MUNICIPAL MANAGER. The administrative head of the municipal government known as the Village of New Lebanon, Ohio, or the official designee appointed by the Municipal Manager to implement all or some of the provisions of this chapter.
PERMIT. A Revocable Street Privilege Permit.
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.
PROVIDER. A utility service provider.
PUBLIC RIGHT OF WAY or RIGHT OF WAY. The surface and space in, on, above, within, over, below, under or through 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, conduit or any other place, area, or real property 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, 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.
REVOCABLE STREET PRIVILEGE PERMIT.
The permit for special licenses and privileges that must be obtained from the Municipal Manager pursuant to this Chapter 154.
SYSTEM. A utility system.
UTILITY SERVICE PROVIDER. A person that owns, operates, or controls a utility system.
UTILITY SYSTEM. A functionally related group of facilities or elements that delivers 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. 2000-06, passed 7-6-00)