Houston Code of Ordinances § 40-481 Definitions.
Sec. 40-481. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning:
ARA director means the director of the department of administration and regulatory affairs.
Agent means a director, officer, employee, or other person authorized to act on behalf of a corporation, association, or facilities owner.
Camouflage measures describes actions taken to ensure that facilities are covered, blended, painted, disguised, camouflaged or otherwise concealed such that the facilities blend into the surrounding environment or supporting area and are visually unobtrusive. Camouflage measures include, without limitation, hiding facilities beneath a façade, blending facilities with surrounding area design, painting facilities to match the supporting area, or disguising facilities with artificial tree branches.
Collocate or collocation has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads as: "the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Decorative pole has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads as: "a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to placed according to nondiscriminatory municipal codes.
Department means Houston Public Works.
Design district has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads: "an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Director means the Director of Houston Public Works or the director's designee.
Electric utility has the meaning assigned in Section 31.002 of the Texas Utilities Code.
Facilities means any one or more equipment boxes, poles, coaxial and fiber-optic cables, meters, wires, and other devices or structures, including network nodes, owned by private parties that have authorization from the city or state to be in the city's public right-of-way. The term does not include wayfinders, informational kiosks, signs or city-owned property.
Facilities owner means the owner of facilities or the owner's contractor, subcontractor, agent, or representative.
Historic district has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads: "an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Municipal park means any property for recreational activity, including all trails, buildings and improvements on the property, that is under the direction, control and supervision of the parks department and as listed in the Houston Parks and Recreation Department Park Inventory, as amended.
Network node has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads: "equipment at a fixed location that enables wireless communications between user equipment and communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower.
Parks department means the parks and recreation department.
Permit means a document issued by the department authorizing installation, removal, and other work in the public right-of-way, including an approved application for plans and drawings.
Permit holder means the person, entity, or organization listed as the owner of the facilities on the permit application and who shall be responsible for the contractors, subcontractors, or agents that apply for the permit or work under the permit.
Planning and development means the department of planning and development or its successor.
Pole has the meaning assigned in Chapter 284 of the Texas Local Government Code, which reads: "a service pole, municipally owned utility pole, node support pole, or utility pole.
Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include:
(1) A private easement; or
(2) The airwaves above a public right-of-way with regard to wireless telecommunications;
(3) A park road that is not formally dedicated or otherwise designated by the city as public right-of-way; or
(4) A non-public street, as that term is defined by section 41-2 of this Code.
The term shall include any designated state or federal highway or road or any designated county road under the administrative control of the city for maintenance, repair, or vehicular traffic control purposes.
Public street has the meaning assigned in section 42-1 of this Code.
Underground utility district means an area of the public right-of-way where electric utility poles, overhead wires, and associated overhead or above ground structures have been removed and buried or application for removal or burial has been approved by the director for burial underground.
Terms not defined in this article but defined in Chapter 284 of the Texas Local Government Code shall have the meanings assigned to them in Chapter 284 of the Texas Local Government Code.
(Ord. No. 2017-677, § 2(Exh. A), 8-30-2017; Ord. No. 2018-11, §§ 49, 50, 1-10-2018)