Chapter 26.08
DEFINITIONS AND RULES OF CONSTRUCTION
Sections:
26.08.010 Rules of construction.
26.08.020 Defined terms.
26.08.010 Rules of construction.
(1) For the purposes of this title, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in Chapter 117 KZC, as amended; Title 47 of the United States Code, as amended; and Chapter 35.99 RCW, as amended. Words not defined therein shall have their common and ordinary meaning.
(2) When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; the masculine gender includes the feminine gender, and vice versa.
(3) The words “shall” and “will” are mandatory, and “may” is permissive.
(4) The term “written” shall include electronic documents. (Ord. 4891 § 1, 2024; Ord. 4853 § 2, 2023)
26.08.020 Defined terms.
(1) “Applicant” means any person submitting an application for a franchise under this title.
(2) “City” means the city of Kirkland, Washington.
(3) “City manager” means the city manager or designee.
(4) “City property” means all real property now or hereafter owned by the city whether in fee ownership or other interest.
(5) “Claims” means all actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, attorneys’ fees, and costs.
(6) “Department” means the department of public works.
(7) “Director” means the director of the department of public works or designee.
(8) “Franchise” means an agreement whereby the city grants general permission to a service provider to use and occupy the right-of-way for the purpose of locating telecommunications facilities. For the purposes of this title, the term “franchise” includes franchises as described in RCW 35A.47.040 and “master permits” as defined in RCW 35.99.010. In addition, the term “franchise” does not include cable television franchises and permits which are separately regulated under Chapter 7.61 and Title 30.
(9) “Grantee” means the person, firm, or corporation to whom or which a franchise, as defined in this section, is granted by the city council under this title and the lawful successor, transferee or assignee of such person, firm or corporation.
(10) “Grantor” means the city of Kirkland acting through its city council.
(11) “Obstruction” means any object or structure that blocks or impedes the construction or maintenance of public works including, but not limited to, private facilities that provide telecommunications services to customers; shrubbery or plants of any kind; and storage materials.
(12) “Overhead facilities” means facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
(13) “Person” means corporations, companies, associations, firms, partnerships, limited liability companies, government entities, other entities and individuals.
(14) “Public right-of-way” or “rights-of-way” means land acquired or dedicated for public roads and streets. It does not include:
(a) State highways;
(b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;
(c) Structures, including poles and conduits, located within the right-of-way;
(d) Federally granted trust lands or forest board trust lands;
(e) Lands owned or managed by the State Parks and Recreation Commission;
(f) Federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use;
(g) Parks or other public property not used as a public right-of-way including, but not limited to, the Cross Kirkland Corridor.
(15) “Right-of-way use permit” means the authorization by which the city grants a person the right to use the public right-of-way as defined in Title 19.
(16) “Right-of-way work permit” means the authorization by which the city grants permission for a person to temporarily conduct work or other activities on a specified street, sidewalk, curb, or other area within the public rights-of-way; right-of-way work permits can be consolidated with other types of permits.
(17) “State” means the state of Washington.
(18) “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.
(19) “Telecommunications facilities” or “facilities” means all of the plant, equipment, fixtures, appurtenances, antennas, electronics, radios and other facilities necessary to furnish and deliver telecommunications services, including, but not limited to, poles, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults and all attachments, appurtenances and appliances necessary or incidental to the transmission, reception, distribution, provision, offering and use of telecommunications services.
(20) “Telecommunications provider” or “provider” means and includes every corporation, company, association, joint stock association, firm, partnership, person, city or town owning, operating or managing any facilities used to provide and providing telecommunications for hire, sale or resale to the general public. This definition includes entities providing infrastructure, including but not limited to fiber, conduit, poles, or other structures to another service provider, but does not include electrical utility entities. This further includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.
(21) “Telecommunications service” is defined consistently with RCW 35.99.010(7). “Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols but does not include “cable service” as that term is defined in Chapter 7.61.
(22) “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington Utilities and Transportation Commission.
(23) “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the state of Washington to the extent prescribed by law.
(24) “Wireline” means communications using conducted electromagnetic or optical emissions by, over, or within a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.
(25) “WSF permit” means a permit for a wireless service facility as defined in Chapter 117 KZC. (Ord. 4891 § 1, 2024; Ord. 4853 § 2, 2023)