§ 40-281. Definitions.

As used in this article, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:

Applicant means an applicant for a permit under this article.

Bond means a financial assurance mechanism in a form acceptable to the director, which may include, but is not limited to a letter of credit, a line of credit, pollution liability insurance or a bond executed by the permittee, as principal, with a corporate surety authorized to transact business in Texas.

Director means the Director of Houston Public Works or any person designated by the director to perform his responsibilities under this article.

Facility means any mechanical device or monitoring well and its associated apparatus, placed within a public street, and designed and constructed to measure or monitor the quality or movement of foreign substances, elements, chemicals, fluids, or pollutants below the surface of the ground; or any mechanical device, method, or apparatus, placed in a public street and designed and constructed to obtain a sample soil core boring from a depth of greater than one foot below the surface of the ground, for the purpose of removing soil for environmental quality testing.

Parks official means the director of the parks and recreation department or any person designated by that director to perform his responsibilities under this article.

Permit means a current and valid permit issued pursuant to this article.

Permittee means a person who holds a permit issued pursuant to this article.

Public street means the entire width between the boundary lines of every way that is held by the city in fee or by easement or dedication when any part thereof has been accepted by the city, or has been opened to the use of the public for purposes of vehicular travel, and specifically shall include any designated state or federal highway or road or any designated county road that is under the administrative control of the city for maintenance, repair, or vehicular traffic control purposes.

Roadway means that portion of a public street which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two or more separate roadways, "roadway" means each such roadway separately.

Sidewalk means that portion of a public street which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for, or is ordinarily used for, pedestrian travel.

Utility means the city or any other person, whether franchised as a public utility or not, who is lawfully authorized to construct, install, or maintain any pipes for transportation of gas, liquids, or other materials, or any electrical distribution system, or any telephone or intelligence distribution systems, or any cable television transmission system, in, on, under, or over a public street.

(Ord. No. 90-1157, § 1, 8-14-91; Ord. No. 93-514, § 86, 5-5-93; Ord. No. 2012-522, § 2, 5-30-2012, eff. 7-1-2012; Ord. No. 2018-11 , § 49, 1-10-2018)