[HISTORY: Adopted by the Board of Trustees of the Village
of Mill Neck 9-9-2015 by L.L. No.
3-2015. Amendments noted where applicable.]
A.Â
The Board of Trustees of the Village of Mill Neck (the "Village Board")
hereby finds and determines that public utility companies place poles
on Village highways streets, roads and rights-of-way to facilitate
the delivery of electric, telephone cable television, and other telecommunications
services to the residents of the Village of Mill Neck.
B.Â
The Village Board finds and determines that local governments have
the authority to regulate their highways, streets, roads and right-of-way
to protect the public.
C.Â
The Village Board finds and determines that utility poles are damaged
from time to time.
D.Â
The Village Board finds and determines that public safety can be
compromised when utility lines and equipment remain affixed to utility
poles that are weathered or otherwise damaged.
E.Â
The Village Board finds and determines that when a new pole is installed,
a utility's delay in removing lines and equipment from the old
pole also delays the removal of the pole itself, which causes a proliferation
of aesthetically unpleasant double poles along highways, streets,
roads, and rights-of-way, as well as obstructing the paths of pedestrians.
F.Â
The Village Board finds and determines that the interest of the public
is best served by cooperation and communication between public utilities
and the Village Board.
G.Â
In enacting this chapter, the Village Board deems this chapter to
be an exercise of the police power of the Village of Mill Neck for
the preservation and protection of public safety and is enacted pursuant
to the authority contained in the Highway Law, Village Law, and Municipal
Home Rule Law of the State of New York.
H.Â
Therefore, the purpose of this chapter is to require utilities that
use Village highways, streets, roads and rights-of-way to promptly
remove their plants, cables, lines, equipment, and terminals from
old and damaged poles and to further require the prompt removal of
double poles once all plants, cables, lines, equipment, and terminals
have been removed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and poses a potential threat
to public safety.
Any old utility pole which is attached or in close proximity
to a new utility pole.
The Village of Mill Neck foreman of the Sanitation Department
and Highway Department.
The cable, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Any corporation, authority, or other entity that provides
electric, telephone, cable television, or other service, including
telecommunications service, to the residents of the Village of Mill
Neck.
A column or post used to support service lines for a public
utility.
A writing directed to a representative of a public utility
sent by regular mail, facsimile transmission or electronic mail.
A.Â
When the Highway/DPW Supervisor determines that a utility pole on a Village highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Village Clerk shall provide written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days or be subject to a penalty as provided for in § 121-5 of this chapter. The last public utility to remove its plant is responsible for removing the double pole. Failure to comply with the requirements of this provision may result in penalties as provided for in § 121-5 of this chapter.
B.Â
When the Highway/DPW Supervisor determines that a double pole is on a Village highway, street, road or right-of-way, the Village Clerk shall provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon the removal of each plant, the Village Clerk shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last public utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 121-5 of this chapter.
A.Â
Notwithstanding any provision of this chapter to the contrary, the
Highway/DPW Supervisor may extend the time frame of any written notice
provided under this chapter for an additional period not exceeding
the original statutory time frame set forth in this chapter. The public
utility shall make a request for an extension in writing to the Village
Clerk prior to the expiration of the time frame contained in the original
written notice, together with the basis for the request. The Highway/DPW
Supervisor shall determine whether the request for extension should
be granted or denied and provide a written response to the public
utility. In such instances where the request is granted, the Village
Clerk shall issue another written notice, which shall then be applicable
instead of the previously issued notice.
A.Â
Any person, firm, corporation or public utility convicted of a violation
of the provisions of this chapter shall be guilty of a violation,
for a first conviction, punishable by a fine not exceeding $500; for
a second or subsequent conviction, punishable by a fine not exceeding
$1,000. Every day that the violation continues shall be deemed a separate
violation.
B.Â
In addition to the penalties provided above, any person, firm or
corporation or public utility that violates the provisions of this
chapter shall be subject to an administrative surcharge not to exceed
$500 for each such violation. Every day that the violation continues
may require a separate administrative surcharge as determined by the
Village Clerk considering the time and use of Village facilities involved.
C.Â
If a person, firm or corporation or public utility violates the provisions
of this chapter, the Village Attorney may commence an action in the
same of the Village of Mill Neck in the Nassau County Supreme Court
seeking any remedy provided by law or equity, including any civil
and/or injunction proceeding necessary to enforce law compliance and/or
enjoin noncompliance with this chapter. Such action may seek to remove
damaged poles and/or double poles, or to remove plants from such poles,
the imposition of civil penalties as authorized by this chapter, the
recovery of costs of the action and such other remedies as may be
necessary to prevent or enjoin a dangerous condition from existing
on a Village highway, street, road, or right-of-ways.
A.Â
This chapter shall apply to all utility poles located on any Village
highway, street, road or right-of-way and to all utility poles installed
hereafter.
B.Â
The provisions of this chapter shall be deemed to supplement applicable
state and local law, ordinances, code and regulations, and nothing
in this chapter shall be deemed to abolish, impair, supersede or replace
existing remedies of the Village, county or state or existing requirements
of any other applicable state or local laws, ordinances, codes or
regulations. In case of conflict between any provision of this chapter
and any applicable state or local law, ordinance, code or regulation,
the more restrictive or stringent provision or requirement shall prevail.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.
