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 Section 929.02. 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 the Village 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 Operator" has the same meaning as in section 2 of the "Cable Communications Policy Act of 1984," - 98 Stat. 2779, 47 U.S.C.A. 522, as amended.
(f) "Chapter" or "this Chapter" means this Chapter (929) of the Codified Ordinances of the Village, as amended from time to time and any Regulations adopted hereunder.
(g) "Village" means the Village of South Amherst, Ohio, or as appropriate in the case of specific provisions of the Chapter, any board, bureau, authority, agency, commission, department of, or any other entity of or acting on behalf of, the Village of Blue Ash, or any officer, official, employee, representative or agent thereof, the designee of any of the foregoing, or any successor thereto.
(h) "Contractor" means any individual or company performing or subcontracting to perform the construction or installation of the facilities needed for the rendering of the services being provided by the permittee or franchisee.
(i) "Council" means the Council of the Village of South Amherst, Ohio.
(j) "Mayor" means the Mayor or his/her designee of the Village of South Amherst, Ohio.
(k) "Emergency" means any situation, occurrence, or happenstance that requires and demands immediate attention for the correction, maintenance, or reinstallation of the service provided by the permittee or franchisee to correct or prevent any imminent danger to the safety, health, and welfare of the public.
(l) "Force Majeure" means a strike, acts of God, acts of public enemies, 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, 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 noncompliance with the provisions hereof.
(m) "Franchise" means the nonexclusive right pursuant to the Constitution and laws of Ohio and/or the United States, granted by the Village pursuant to this Chapter 721 to operate or provide cable television or services to consumers within the Village.
(n) "Permit" means the nonexclusive grant of authority to use or occupy al1 or a portion of Village's Rights of Way granted pursuant to this Chapter.
(o) "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.
(p) "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.
(q) "Public Property" means any real property, other than Right of Way, except for the last sentence of Section 929.02(u) of this Chapter owned by the Village.
(r) "Public Way" means any public street, road, highway, public easement, or public waterway, and includes the entire width of any right of way associated with any public way.
(s) "Regulation" means any rule adopted by and pursuant to the authority of this Chapter.
(t) "Residential Related Purposes" shall mean residential use of Right of Way for mailboxes, decorative purposes, curb cuts, driveways, irrigation systems and other uses permitted in the Right of Way by ordinance.
(u) "Right 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 of Franchisee, in accordance with the teens hereof and of any Permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications, or other services as set forth in any Franchise or any 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.
(v) "Telecommunication" 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.
(w) "Telecommunication Service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
(x) "Utility" means water, electric, storm sewer, sanitary sewer services, and the companies or agencies providing said service.
(y) "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.
(z) “Competitive Video Service" means video program provided by a competitive video service provider and provided through wireline facilities located at least in part in the public rights-of-way without regard to delivering technology, including interne protocol technology. This definition does not include video programming provided by a commercial video service provider defined in 47 U.S.C. § 332(d), as defined in Chapter 721.
(aa) “Competitive Video Service Agreement" means the agreement executed by the Village and a competitive video service provider, as defined in Chapter 721.
(bb) “Competitive Video Service Provider" means an entity providing video services that has not executed a franchise agreement wit the Village as of the effective date of this chapter and is not a cable operator, or an affiliate, successor, or assignee of such cable operator, as defined in Chapter 721.
(Ord. 1266. Passed 7-23-07.)