1183.02 DEFINITIONS.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(a) "Cable operator" has the same meaning as in Section 2 of the "Cable Communications Policy Act of 1984," 96 Stat. 2779, 47 U.S.C.A. 522, as amended.
(b) "City" means the entire City of Norwalk, Ohio as the same now or in the future may exist.
(c) "Council" means the City Council of Norwalk, Ohio.
(d) "Facilities" means the utility poles, wires, cables, lines, guys, anchors, manholes, vaults, pipes, conduits, ducts, pedestals, antenna, transformers, crossbars, repeaters, hubs, routers, and other equipment and related appurtenances owned, controlled or used by cable operators and utility service providers.
(e) "Force majeure" means a strike, acts of God, acts of public enemies, riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, washouts, droughts, civil disturbances, explosions, partial or entire failure of utilities, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, political subdivisions, or any other cause or event not reasonably within the control of the disabled party.
(f) "Grantee" means a person to whom a rights-of-way construction permit is granted, and the grantee's agents, employees and contractors.
(g) "Person" means an individual, firm, corporation, limited liability company, partnership, proprietorship, association, or legal entity or organization of any kind.
(h) "Revocable use permit" means a permit issued pursuant to this chapter which grants permission, subject to revocation, to the grantee to continue to use or occupy a part of a rights-of-way for an encroachment onto the rights-of-way existing prior to the effective date of this chapter.
(i) "Rights-of-way" means the surface, the air space above the surface, and the area below the surface, including the entire width, of any public streets, highway, roadways, avenues, lanes, alleys, courts, places, curbs, sidewalks, rights-of-way, or other public ways in the City which have been or may hereafter be dedicated to or otherwise acquired by the City.
(j) "Rights-of-way construction permit" means a permit issued pursuant to this chapter which authorizes the grantee to construct or place facilities in the rights- of-way subject to and in accordance with this chapter.
(k) "Utility service provider" means a natural gas company, local exchange telephone company, interexchange telecommunications company, electric company, or any other person that occupies a public way to deliver natural gas, electric or telecommunications services.
(Ord. 2010-044. Passed 11-2-10.)