§ 138-1. Definitions.

For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended.

Sec. 138-1.1. "Abutting property owner" means the owner(s) of property abutting and contiguous to the street or right-of-way in question.

Sec. 138-1.2. "Affected persons or groups" means any property owner, person or group that may presently use or may reasonably expect to make future use of the right-of-way in question for transportation or other standard purpose which shall constitute greater interest than that of the general public including all persons described in section 138-68 and any persons that have facilities located in such right-of-way.

Sec. 138-[1].3. "Bridge agreement" means an agreement arranging the terms for constructing, operating and maintaining a privately owned bridge in the public right-of-way.

Sec. 138-1.4. "Decorative sidewalk agreement" means an agreement arranging the terms for construction and maintenance of a decorative sidewalk in the public right-of-way.

Sec. 138-1.5. "Encroachment agreement" means an agreement arranging the terms under which an encroachment shall be allowed to exist within the public right-of-way.

Sec. 138-1.6. "Licensee" means any person which is a party to a revocable license issued by the city.

Sec. 138-1.7. "Permit" means an authorization which grants permission to conduct specific regulated activities on, in, over, under or within any public right-of-way, and which is subject to the conditions set forth in chapter 138 of this Code.

Sec. 138-1.8. "Permittee" means any person who holds a permit issued by the city.

Sec. 138-1.9. "Person" means any individual or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not for profit, but shall not mean the city.

Sec. 138-1.10. "Petitioner" means the person requesting the abandonment and providing the required submittals. Only abutting property owners or their agents shall qualify as a petitioner to initiate the abandonment of any street or right-of-way.

Sec. 138-1.10.[1.] "Public right-of-way" or "right-of-way" means generally property of any interest therein, whether or not in the form of a strip, for or devoted to (a) public transportation purposes; or (b) the placement of utility easements and other traditional uses along a transportation route, whether by dedication, prescription or otherwise, as well as the spaces above and below.

Sec. 138-1.11. "Street" means the surface of, as well as the spaces below, any and all paved or unpaved public roads consistent with GA. Code Ann. § 32-1-3(24) 1998."Street" shall include the land area set aside for public uses as a travel way for vehicular traffic, pedestrian access, public utilities and other uses.

Sec. 138-1.12. "Tie-back agreement" means an agreement arranging the terms for placing and removing tie-back cables in the public right-of-way.

(Ord. No. 2001-22, § 1, 3-14-01)