Article III. Encroachment Permits in General Provisions Applicable to All Encroachment Permits
15.20.050 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Cable services” means the one-way transmission to subscribers of video programming and other programming services, together with subscriber interaction, if any, which is required for the selection of such programming and programming services.
“Commercial mobile radio services” means two-way voice commercial mobile radio services as defined by the Federal Communications Commission in 47 USC § 157.
“Department” means that department, division or City employee to whom responsibility for the administration of this chapter has been delegated by the City Manager. Generally the Department will be the City Engineer or the Director of Planning and Development and persons seeking permits pursuant to this chapter may obtain necessary forms and information from the permit counter in the Planning and Development Department.
“Encroach” or “encroachment” includes, but is not limited to, the performance of any of the following acts:
(1) Excavating, filling or disturbing the surface.
(2) Erecting or maintaining any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, newsstand, mailbox, pipe, conduit, wire or other structure on, over or under the surface of any public place, highway or watercourse.
(3) Planting any tree, shrub, grass or other growing thing.
(4) Placing or leaving any rubbish, brush, earth or other material of any nature whatsoever.
(5) Constructing, placing, maintaining on, over or under the surface of any public place, right-of-way, street, pathway, sidewalk, driveway, curb, gutter, paving or other surface or subsurface drainage structure or facility, any pipe, conduit, wire, cable or telecommunication facility.
(6) Traveling by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit.
(7) Lighting or building a fire.
(8) Constructing, placing, planting or maintaining any structure, embankment, excavation or other objects adjacent to a right-of-way or watercourse which causes or will cause an encroachment.
(9) The application of paint or other marking materials to any pavement or curb.
“Facilities” means the plant, equipment, and property, including but not limited to boxes, poles, wires, pipe, conduits, pedestals, antenna, and other appurtenances placed in, on, or under highways.
“FCC” means the Federal Communications Commission, or a designated representative.
“Franchise” shall mean the same as defined under Article XIII of the Arizona Constitution.
“Highway” means the full width of the right-of-way of any road, street, highway, alley, land or pedestrian walkway used by or for the general public, whether or not the road, street, highway, alley, land or pedestrian right-of-way has been improved or accepted for maintenance by the City. “Highway” also means and includes land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility or pedestrian walkway purposes.
“License” shall mean any authorization granted under these licensing requirements or other sections of this Code, in terms of a privilege, permit, license or otherwise to construct, install, operate and/or maintain telecommunications facilities to provide telecommunications services, a fiber optic cable system, a cable television system or any other use in the City.
“Public place” shall mean any property owned, maintained or controlled by the City.
“Right-of-way” means the same as highway as defined hereinabove.
“Street” means the same as highway as defined hereinabove.
“Telecommunications” 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. The term does not include commercial mobile radio services, pay phone services, interstate services or cable services.
“Telecommunications corporation” means any public service corporation to the extent that it provides telecommunications services in the state.
“Telecommunications provider” means a telecommunications corporation who constructs, installs, operates and maintains telecommunications facilities in the City.
“Telecommunications services” means the offering of telecommunications for a fee directly to the public or to such users as to be effectively available directly to the public, regardless of the facilities used. (Res. 597 § 1 (11-3-1), passed 4-13-2005.)