2001-009 Ordinance - Laserfiche WebLink

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CHAPTER 930: Use of Public Rights of Way property within the City, used or to be used for the purpose of offering Service within the City or outside the City's boundaries. (w) "State" means the State of Ohio. (x) "Surplus Space" means that portion of the Usable Space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of PUCO and other applicable State and local orders and regulations, to allow its use by a Service Provider for a pole attachment. (y) "Telecommunications System Operator" means a Person providing or offering to provide telecommunications systems service to the Public within the City and such service includes the installation of Facilities within the Public Way. (z) "Underground Facilities" means Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. (aa) "Usable Space" means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the PUCO. (bb) "Use Permit" has the meaning given to it in Section 930.10 of this Ordinance. (cc) "Utility System Operator" means a Person providing or offering to provide natural gas service or electrical power service to the Public within the City. 930.03 PREEMPTION BY STATE AND FEDERAL LAW Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Ordinance shall apply and be controlling over each Service Provider engaged in the business or transmitting, supplying or furnishing of Services originating, passing through, or terminating in the City. 930.04 REGISTRATION AND USE PERMITS (a) Except as otherwise provided herein, all Service Providers shall be required to register annually with the City pursuant to Section 930.09 of this Ordinance. (b) Use Permits Except as otherwise provided herein, any Service provider who desires to construct, reconstruct, install, operate, maintain or otherwise locate Facilities in, under, over ar across any Public Way of the City for the purpose of either 1) providing Service to Persons and areas outside the City, or 2) providing Service to Persons or areas in the City, shall first obtain a Use permit permitting the use of such Public Ways pursuant to Section 930.10 of this Ordinance. 930.05 PRIVATE FACILITIES Persons who wish to use any Public Way of the City for Private Facilities shall obtain a Use Permit and a Construction Permit (if applicable). The applicant shall comply with Section 930.10 "Use Permits" of this Ordinance and, upon receiving a Use Permit, shall comply with all provisions of Section 930.12 "Construction Standards" (if applicable), of this Ordinance. For EXHIBIT A