City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Monessen 1-26-1967 by Ord. No. 1-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 275.
Streets and sidewalks — See Ch. 340.

§ 361-1 Annual enumeration and inspection.

Be it ordained and enacted by the Council of the City of Monessen, and it is hereby ordained and enacted by authority of the same, that it shall be the duty of the Street Commissioner or other officer appointed by the City Council to make or cause to be made an annual enumeration and inspection of all telephone poles, telegraph poles, electric light poles and electric power poles and any and all other poles which are now erected and maintained or which may hereafter be erected and maintained by any person, firm, association or corporation whatsoever on any of the streets, alleys, highways or public places within the limits of the City of Monessen, Westmoreland County, Pennsylvania.

§ 361-2 Fee. [1]

For the purpose of defraying the expense of the inspection and enumeration as herein provided, an annual inspection fee per pole, as set from time to time by resolution of the City Council, is hereby imposed upon any and all poles now erected and maintained, or which may hereafter be erected and maintained, or any of the streets, lanes, alleys, highways or public places within the limits of the City of Monessen, Westmoreland County, Pennsylvania, by any telegraph company, telephone company, electric light company, electric power company or any other person, firm, association or corporation whatsoever; and any telegraph company, telephone company, electric light company, electric power company or any other person, firm, association, or corporation now owning and maintaining or which may hereafter erect and maintain any pole or poles upon any of the streets, lanes, alleys, highways or public places within the limits of said City of Monessen shall pay or cause to be paid at the time and in the manner hereinafter provided an annual inspection fee as set from time to time by resolution of the City Council for each and every pole thus erected and maintained as aforesaid.
[1]
Editor's Note: The validity of an annual license or inspection fee on utility poles has been rendered doubtful by a number of lower court decisions. See, for example, U.G.I. Corp. v. Dallas (1968) 58 Luzerne Leg. Reg. 159. Also, there is currently a state tax on utilities with a rebate to municipalities which may cover this fee.

§ 361-3 Statement to be provided.

The City Clerk of the City of Monessen shall, annually, prepare a statement of the number of poles and the amount of inspection fees payable therefor, and on or before the first day of March of each year shall give notice to the company, person or corporation owning, or reputed to own the same, of said inspection fee and that the same is due and payable to the Treasurer of said City of Monessen not later than 60 days from the time of notification. The submission of the notification of enumeration and inspection of poles, as provided for in this chapter, shall be a condition precedent to the obligation of the person, firm, association or corporation now owning and maintaining poles, or reputed to own and maintain poles, to pay the inspection fee called for under the terms of this chapter. All inspection fees collected under this chapter shall be for the use of the City of Monessen and shall be turned over to the City Treasurer.

§ 361-4 Violations and penalties. [1]

Any corporation, firm or individual erecting, owning or maintaining any pole or poles upon the streets, lanes, alleys, highways or public places of said City of Monessen, and refusing to or neglecting to pay the inspection fee levied in accordance with the terms of this chapter, shall upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both. Such fine or penalty shall be for the use of the City of Monessen and shall be collected as fines and penalties are now by law collected.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).