For the purpose of this article, the following words shall have the following meanings:
   (A)   ENCROACHMENT - Any physical object or material thing that occupies space in, under or on a right-of-way, including any obstruction within or over a right-of-way, but not including structural and architectural projections permitted by the code, a building being moved under a city permit and any vehicle, bicycle or similar mechanical means of transportation in motion on a right-of-way.
   (B)   ENGINEER - The city engineer or designee, including city inspectors and the city streets superintendent.
   (C)   EXCAVATE - Cutting, digging or boring in a right-of-way, including any street repair, trenching, patch or fill.
   (D)   RIGHT-OF-WAY - Any real property or interest therein owned by or under the jurisdiction of the city, located within the city, and used or reserved for a public purpose, including any public road, street or alley (including curbs, gutters and parkways), any public waterway, and any public easement, parking lot, park or landscaped area.
   (E)   STREET CUT FEE - A payment made to the city for the privilege to excavate in order to reimburse the city for damage to the right-of-way caused by the excavation and not corrected by any backfill, compaction or pavement replacement.
(`64 Code, Sec. 26-1) (Ord. No. 2444)