A. “Applicant” shall mean any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate.

B. “Chapter” shall mean this Chapter 12.16 of the Bakersfield Municipal Code.

C. “City” shall mean the city of Bakersfield.

D. “Department” shall mean the department of public works.

E. “Deposit” shall mean any bond, cash deposit, or other security provided by the applicant.

F. “Director” shall mean the director of the department of public works or his/her designee, and shall include the term superintendent of streets.

G. “Excavation” shall mean any opening in the surface or subsurface of the public right-of-way.

H. “Facility” or “facilities” shall mean any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right-of-way.

I. “Owner” shall mean any person, including any agency, department, or subdivision of the city, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way.

J. “Permit” or “permit to excavate” shall mean a permit to perform an excavation as it has been approved or may be amended or renewed by the department.

K. “Permittee” shall mean the applicant to whom a permit to excavate has been granted by the department in accordance with this chapter.

L. “Person” shall mean any natural person, corporation, partnership, or any governmental agency, including any agency, department, or subdivision of the city, the state of California, or United States of America.

M. “Public right-of-way” shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes. places, roads, sidewalks, streets, and ways within the city, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the department of public works.

N. “Utility excavator” shall mean any franchise owner whose facility or facilities in the public right-of-way are used to provide gas, electricity, steam, water, sewer service, telecommunications, video, or other services to customers regardless of whether such owner is deemed a public utility by the California Public Utilities Commission.

O. “Public utility franchise” granted by the city of Bakersfield or the state of California is a contract granting special privileges to use the public right-of-way. It is not intended that this chapter of the Municipal Code impose additional rules or regulations which arc inconsistent with the rights or obligations under the franchise or confer authority to the city that conflicts with the State’s Public Utilities Code or the jurisdiction of the California Public Utilities Commission. (Ord. 3801 § 1, 1997)