[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 3-10-1976
by Ord. No. 76-10. Amendments noted where applicable.]
GENERAL REFERENCES
Mobile home parks — See Ch. 181.
All telephone, telegraph, electric or other utility poles now erected
or hereafter erected upon the public streets, lanes or alleys of the Borough
of Downingtown which are or shall be owned by any business entity shall be
identified by the name or initial of said owner, along with a specific number,
all legibly and permanently marked upon each pole aforesaid.
Each owner of any poles heretofore or hereafter erected shall, on or
before January 1, 1977, and annually thereafter on or before January 1, apply
at the Borough Office for the issuance of a license to maintain said poles
for the ensuing calendar year. The charge for issuing licenses as aforesaid
to the owner shall be $1 for each and every pole, to be paid to the Borough
of Downingtown. The amount of such license charge may be amended from time
to time as the Borough Council, by resolution or regulation, shall determine.
The Borough of Downingtown, through an appropriate agency, shall effect
a thorough and careful inspection at least once during the calendar year,
as aforesaid, of all poles subject to this chapter. Should any pole be found
in a defective or dangerous condition, the Borough shall notify the owner
of said condition. The owner of said pole, within 48 hours after receipt of
the notice aforesaid, shall correct the defect or take such other steps as
may be required to remove the existing hazard. Failure to take such action
shall be deemed a violation of this chapter, whereupon the Borough of Downingtown
shall promptly and without further notice to the owner take such steps as
reasonably are required to remove the existing hazard, for all costs and expenses
of which the owner shall be liable to the Borough. Nothing contained in this
chapter shall relieve or otherwise discharge the owner from erecting, repairing,
maintaining or otherwise operating its poles in a safe and proper manner.
On and after January 1, 1977, no telephone, telegraph, electric or other
utility pole shall be erected or maintained within Borough limits unless a
license for the same shall have been previously applied for and received as
aforesaid.
[Amended 10-10-1990 by Ord. No. 90-16]
Any owner violating the provisions of this chapter shall be punishable
by a fine not exceeding $600 and costs of prosecution, for each pole, and,
in default of payment of such fine and costs, by imprisonment in the county
jail for a term not exceeding 30 days.
