For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING INSPECTOR or INSPECTOR. The person, his or her staff or employees, or entity designated by the city to perform the duties and responsibilities set forth herein to be performed by the city, or, if none has been designated, the City Administrator.
CONSTRUCTION ACTIVITY or WORK. Includes, but is not limited to, the causing or carrying out of any human-made change in any property or facility through building, erecting, installing, bulkheading, filling, mining, dredging, clearing, paving, grading, excavating, boring, drilling or the addition, removal or alteration of any facility or any improvement to property, including altering of the size of any facilities, or other similar work or activity in, over, under, through, along or across the rights-of-way or streets within the city limits.
CONTRACTOR. Includes, but is not limited to, the person possessing a permit, franchise or license agreement as required under this subchapter and all persons actually performing, directing, monitoring, managing or overseeing any construction activity, work or other similar activity in, over, under, through, along or across any streets or rights-of-way within the city limits.
EXCAVATION. Any human-made formation of a cavity, hole or hollow by way of any means of digging, plowing, quarrying, uncovering, blasting, scooping, drilling, dredging, bulldozing, relocating or making cuts, openings, borings or other action or processes to form a cavity, hole or hollow.
FACILITY or FACILITIES. Any plant, equipment and property, including, but not limited to, duct spaces, manholes, poles, towers, utility pipes, pipes, conduits, lines, wires, transmission media, underground and overhead passageways or other equipment, structures and appurtenances which are located in, over, under, through, along or across the rights-of-way or streets.
INSTALLATION. The addition, removal, repair or alteration of any facility located in, over, under, through, along or across the rights-of-way or streets.
OWNER. Any person having financial interests in property or facilities located in, over, under, through, along or across streets and rights-of-way in the city, including the person directing the actions of any contractor, paying a contractor or for whose benefit the actions of the contractor are undertaken.
PERMANENT STRUCTURE. Any facility located in, over, under, through, along or across the rights-of-way or streets within the city limits that occupies, affixes or otherwise is to remain in the same location for a period of time of more than 30 days.
PERSON. An individual human, partnership, company, limited liability partnership or other partnership or other company, joint venture, joint stock company, association, legal entity or corporation of any kind, including, but not limited to, any provider of any utility service or public service, as those terms are defined below, but excluding electric utilities that have a certificate of convenience and necessity from the Public Utility Commission of the state to operate within the city that also have a franchise that authorizes them to utilize the city's rights-of-way.
PUBLIC SERVICE. Any business or commercial activity which is not included in the definition of UTILITY SERVICE that requires the use of the public streets or rights-of-way for the location of any facility or equipment to provide services to persons or property situated within the city, including, but not limited to, cable television service and services using a transmission media, but excluding telephone, taxi service and solid waste collection.
RIGHTS-OF-WAY. The surface of, and the space above and below, any and all present and future public thoroughfares, public utility easements, public ways, public grounds, public waterways and without limitation by the foregoing, any other public property within the corporate limits of the city.
STREETS. The surface of, and the space above and below, any and all present and future public streets, avenues, highways, boulevards, drives, roads, bridges, alleys, lanes, viaducts and all other public roadways within the city limits and any highways, county roads or other public roadways for which the city has an agreement or contract to control, regulate or maintain.
TRANSMISSION MEDIA. All cables, fibers, wires, tubes, pipes or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video or data, or other purposes, which are physically located in the rights-of-way or streets.
UTILITY SERVICE. Its common meaning and shall specifically include, but not be limited to, electric, water, wastewater, gas and telephone service.
(Ord. 2006-003, passed 3-22-2006; Ord. 2006-007, passed 7-18-2006)