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" means any Person applying for a Permit hereunder.
(b) "Approved" means approval by Village Administrator pursuant to this Chapter or any regulations adopted hereunder.
(c) "Best Efforts" means 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" means a system of coaxial cables or other electrical conductors and transmission equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and other related services and transmit them to subscribers for a fee.
(e) "Village" means the Village of Shawnee Hills, Ohio, or, as appropriate in the case of specific provisions of this Chapter, any board, authority, agency, commission, department of, or any other entity of or acting on behalf of, the Village of Shawnee Hills, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(f) "Village Administrator" means the Village Administrator of the Village of Shawnee Hills.
(g) "Emergency" means a reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.
(h) "Facilities" means any equipment, wires, poles, conduit, boxes, appurtenances, fixtures or other physical property located, or intended to be located, in over or under the right-of-way.
(i) "Force Majeure" means 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 their 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 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.
(j) "Franchise" means the non exclusive right granted by the Village pursuant to Chapter 759 to operate or provide Cable Television Service to consumers within the Village.
(k) "Permit" means the non exclusive grant of authority to use or occupy all or a portion of Village's Rights of Way granted pursuant to this Chapter.
(l) "Permittee" means 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.
(m) "Person" means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for profit or not for profit.
(n) "Public Property" means any real property, other than a Right of Way, except for the last sentence of the definition of the term "Right of Way" of this Chapter, owned by the Village.
(o) "Regulation' means any rule adopted by and pursuant to the authority of this Chapter.
(p) "Right of Way" or "Rights of Way" means 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 or Franchisee, in accordance with the terms hereof and of any Permit, to the use thereof for the purpose of installing or operating any facilities as may be ordinarily necessary and pertinent to the provisions of utility, cable television, communications or other services as set forth in any Franchise or Permit. Right of Way shall also include Public Property, but only to the extent the use or occupation thereof is specifically granted in a Permit or by regulation.
(q) "Right of way Work Permit" means a permit granted by Village Administrator, authorizing actual physical work by Permittee in the Right of Way.
(r) "Telecommunications" means 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.
(s) "The Village" shall mean the Village of Shawnee Hills.
(t) "Utility(ies)" shall mean any water, sanitary sewer, storm water sewer, gas, drainage, sprinkler or culvert pipe, electric power, signal, communication, fiber, wire, or cable and any operator/provider thereof.
(Ord. 13-2011. Passed 6-27-11.)