[Ord. No. 2025-13, 11-25-2025]
As used in this Article, the following terms shall have these prescribed meanings:
CITY FACILITIESAny facilities located in the right-of-way and owned by the City.
DIRECTORThe City official or employee designated by the Mayor to administer and enforce this Article.
EMERGENCY RIGHT-OF-WAY WORKIncludes, but is not limited to, right-of-way work made necessary by exigent circumstances to repair, control, stabilize, rectify or correct an unexpected or unplanned outage, cut, rupture, leak or any other failure of a facility when such failure results or could result in danger to the public or a material delay or hindrance to the provision of service.
EXCAVATION PERMITA permit authorizing excavation for the construction or installation of facilities in the City's rights-of-way.
EXCAVATION, EXCAVATING, or EXCAVATEAny act by which earth, asphalt, concrete, sand, gravel, rock, or any other material in or on the ground is cut into, dug, uncovered, removed, or otherwise displaced, by means of any tools, equipment, or explosives, except as excluded by applicable law.
FACILITIESA network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
PERSON or PERSONSAny corporation, partnership, proprietorship, individual, organization, governmental entity, or any natural person.
RIGHT-OF-WAYUnless otherwise restricted herein, the surface, the air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, parkway, waterway, public easement or sidewalk in which the City now or hereafter holds any interest, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining facilities. "Rights-of-way" shall not include:
1. Airwaves used for cellular, non-wire telecommunications or broadcast services;
2. Airwaves used for cellular, non-wire telecommunications or broadcast services;
3. Easements obtained by right-of-way users on private property;
4. Railroad rights-of-way or ground used or acquired for railroads; or
5. Facilities owned and used by the City for the transmission of one (1) or more services. No reference in this Article to "right-of-way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use of the delivery of service.
RIGHT-OF-WAY USERA person performing right-of-way work within the right-of-way. A right-of-way user shall not include ordinary vehicle or pedestrian use.
RIGHT-OF-WAY WORKAction by a right-of-way user to:
1. Install, change, replace, relocate, remove, maintain or repair facilities within a right-of-way; or
2. To conduct work of any kind within or adjacent to a right-of-way that results in an excavation, obstruction, disruption, damage or physical invasion or impact of any kind to the right-of-way or the use thereof. The routine inspection of facilities shall not be considered right-of-way work unless the inspection requires the conduct of any of the activities or actions noted herein.
SERVICEProviding or delivering an economic good or an article of commerce, including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or stormwater sewerage or any similar or related service, to one (1) or more persons located within or outside of the City by use of facilities located within a right-of-way.
WITHINIn, along, under, over, or across a right-of-way.