For purposes of this chapter, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise.
(a) "Applicant" means any person applying for a right of way permit.
(b) "Best efforts" means the best reasonable efforts under the circumstances, taking into consideration, among other appropriate matters, safety, expedition, available technology, human resources and cost.
(c) "City" means the City of Toledo, Ohio.
(d) "Director" means the Director of Public Utilities or the Director's designee.
(e) "Easement" means any grant or right of the City or a permit holder to use another party's land.
(f) "Facilities" includes but is not limited to cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae, electronics, poles, mains, plants, equipment and appurtenances thereto located under, on or above the surface of the ground within the public right of way and used or to be used to transmit, receive, distribute, provide or offer any service.
(g) "Force majeure" means a strike, act of God, act of a public enemy, order from a federal, state or local government, riot, epidemic, landslide, lightning, earthquake, fire, tornado, storm, flood, civil disturbance, explosion, 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 that 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 of this chapter.
(h) "Permit holder" means any person issued a right of way permit pursuant to this chapter to use or occupy all or a portion of the public right of way in accordance with the provisions of this chapter and said right of way permit.
(i) "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.
(j) "Public property" means any real property owned by the City or easements held or used by the City, other than a right of way.
(k) "Public right of way" means all right of way but only to the extent of the City's right, title, interest or authority to grant a franchise, license or permit to occupy and use such streets and easements for facilities.
(l) "Residential purposes" means residential use of the right of way for such uses as mailboxes, trees, decorative purposes or any curb cuts, driveways or other similar uses.
(m) "Right of way" means the surface of and the space above and below the paved or unpaved portions of 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 and any other land dedicated or otherwise designated for the same now or hereafter held by the City. Right of way shall not include public property except to the extent the use or occupation of public property is specifically granted in a right of way permit or by regulation.
(n) "Right of way permit" means the nonexclusive grant of authority to use or occupy all or a portion of the City's public right of way granted pursuant to this chapter for the purpose of installing, operating and maintaining facilities. A right of way permit does not excuse the permit holder from obtaining a road-opening permit under Toledo Municipal Code section 127.05(f) for repairs to existing facilities that restore the facilities to their pre-existing condition but no separate right of way permit shall be required for said repairs.
(o) "Service" means the offering of utilities for a fee directly to the public or to such classes of users as to be effectively available to the public.
(p) "Service provider" means and includes every person that directly owns or indirectly owns, controls, manages any facility within the City used or to be used for the purpose of offering any service.
(q) "Utilities" means any water, sanitary sewer, storm water, gas, drainage, sprinkler or culvert pipe and any electric power, telecommunication, signal, communication, or cable television conduit, fiber, wire, trackless trolley wires, cable or operator thereof.
(Ord. 375-02. Passed 10-8-02.)