§ 5.01.010. Definitions.  


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  • For the purpose of this chapter of the code, the following definitions shall apply. Terms phrases, words, and their derivations shall have the meanings set forth therein, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive:

    (a)

    "Abandoned" means the relinquishing of facilities owned by a public utility that no longer has a business license, or franchise or rights-of-way license agreement, or certificate of public convenience and necessity from the Public Utilities Commission, if required by the laws of the state of Nevada, or of a facility which the public utility has agreed to transfer to the county.

    (b)

    "Applicant" means the person who submits the completed application as set forth in Title 5 of this code.

    (c)

    "Application" means all written documentation, statements, representations and warranties provided to the county, in accordance with Title 5 of the code, by a prospective franchisee or rights-of-way licensee, which are relied upon by the county in making its determination of whether to grant or withhold a franchise or rights-of-way license.

    (d)

    "Business license" means the written authorization required by the county for any person who commences, carries on, engages in, or conducts a business, occupation, trade, or employment, as delineated in Title 6 of the code, within unincorporated areas and unincorporated towns within Clark County, Nevada.

    (e)

    "Clark County Code" or "code" or "county code" means the titles chapters and sections of the Clark County Code and ordinances referenced herein, or their successor titles, chapters and sections, adopted by the county commission, and as amended from time to time.

    (f)

    "Commence construction" means that time and date when the first connection is physically made to a utility pole for overhead facilities, when trenching is initiated for underground facilities, or when foundations are excavated for transmission facilities, provided all of these facilities are part of a public utility system, and the appropriate permits are issued for such work.

    (g)

    "Commence operation" means that time and date, after construction completion, when the public utility system is first used to provide subscription service.

    (h)

    "Construction completion" means that time and date when all facilities have been installed and all public rights-of-way and properties have been restored to their former appearance and condition in a manner acceptable to the county.

    (i)

    "County" means the county of Clark, Nevada.

    (j)

    "County commission" means the board of county commissioners of the county.

    (k)

    "County manager" means the county manager appointed by county commission to perform such administrative functions of the county government as may be required of him by the county commission, or his/her designee.

    (l)

    "Director of business license" or "director of public works" means the county departmental director specifically named, or his/her designee.

    (m)

    "Easement" means the right to use the real property of another.

    (n)

    "Facility" or "facilities" means antennae, transmitters, poles, pipes, wires, cables, conduits, amplifiers, instruments, equipment, and other appliances used in connection therewith or appurtenant thereto to provide public utility service in the county.

    (o)

    "Franchise" means the nonexclusive authorization granted by the county commission to a public utility to construct, operate, and maintain its system in the rights-of-way within the county for the provision of subscription services to persons, other than themselves, and to use the rights-of-way for the installation, operation, and maintenance of its facilities. The conditions and requirements of such authorization will be described within a franchise agreement for such purpose.

    (p)

    "Franchise agreement" means an agreement granting use of public rights-of-way to provide subscription services.

    (q)

    "Franchisee" means the person to whom a franchise is granted, and its agents, including but not limited to contractors licensed by the State Contractors Board and providing construction, installation, or maintenance services on facilities located in rights-of-way on behalf of a franchisee.

    (r)

    "Person" means a natural person, any form of business or social organization and any other nongovernmental legal entity, including but not limited to the estate of a natural person, a corporation, partnership, association, trust, or unincorporated organization. The term "person" does not include a government, governmental agency, or political subdivision of a government.

    (s)

    "Public improvement" means new roadways and pavements, sidewalks, curbs and gutters, landscaping, street lights, foundations, poles and traffic signal conduits, water mains, sanitary and storm sewers, tunnels, subways, people movers, viaducts, bridges, underpasses, and overpasses, or other public facilities across, along, over or under any street or streets, or other such improvements which are to be used by the general public.

    (t)

    "Public Utilities Commission" means the Public Utilities Commission of the state of Nevada, and its predecessors and successors.

    (u)

    "Public utility" means any person that provides electric energy or natural gas, telecommunications services, interactive computer services, or sells or resells personal wireless services, regardless of whether that person is subject to the regulations of, or holds a certificate of public convenience and necessity from, the Public Utilities Commission. "Public utility" does not include a cable television company treated under the provisions of Chapter 5.02 of this code and providing services permitted by its cable franchise or cable service permit.

    (v)

    "Public utility service" means the provision of electric energy, natural gas, telecommunications, interactive computer service, or personal wireless service over or through facilities located in rights-of-way.

    (w)

    "Public utility system" or "system" means any facilities, in whole or in part, constructed to provide public utility services and using rights-of-way to provide such service.

    (x)

    "Right-of-way" or "rights-of-way" means public property, including air space, dedicated, granted, held, prescriptively used, or authorized by patent of the United States of America, for county public street, and public utility purposes, except as limited by any underlying grant and except public streets predominantly used for public freeway or expressway purposes, including, without limitation, the Clark County 215 Bruce Woodbury Beltway, and except for any property owned, operated, maintained and/or administered by the department of aviation, including, without limitation, airport roadways, sidewalks and streetlights.

    (y)

    "Rights-of-way license" means the nonexclusive authorization granted by the county commission in exchange for a rental fee to a public utility to construct, operate, and maintain its system in specific streets and rights-of-way as authorized routes for nonsubscription service. The conditions and requirements of such authorization will be described within a license agreement for such purpose.

    (z)

    "Rights-of-way license agreement" means an agreement granting use of public rights-of-way to provide nonsubscription public utility services.

    (aa)

    "Rights-of-way licensee" means the person to whom a rights-of-way license is granted and its agents, including but not limited to contractors licensed by the State Contractors Board and providing construction, installation, or maintenance services on facilities located in rights-of-way on behalf of a rights-of-way licensee.

    (bb)

    "Street" means the surface, the air space above the surface and the area below the surface of the full width of the right-of-way, including sidewalks and thoroughfares, places or ways of any kind used by the public or open to the public as a matter of right for the purpose of vehicular traffic or vehicular and pedestrian traffic, except for those on property owned, operated, maintained and/or administered by the department of aviation.

    (cc)

    "Subscription service" means any service provided by a public utility over or through facilities located in rights-of-way to persons or governmental entities within unincorporated Clark County.

    (dd)

    "Transfer or assign" shall not include any mortgage, pledge, or other encumbrance of the assets, stocks, or the franchise or rights-of-way license agreement of the franchisee or right-of-way licensee as security for moneys borrowed.

(Ord. 3587 § 2, 2008: Ord. 3132 § 1 (part), 2004: Ord. 2200 §§ 1, 2, 1998; Ord. 2098 § 3 (part), 1998: Ord. 2045 § 1 (part), 1997)