[HISTORY: Adopted by the City Council of the City of Monessen 1-26-1967
by Ord. No. 1-1967. Amendments noted where applicable.]
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.
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.
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.
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.
