[HISTORY: Adopted by the City Council of
the City of Canandaigua 10-16-1997 by Ord. No. 97-21 as Chs. 4.16
and 4.40 of the 1997 Municipal Code. Amendments noted where applicable.]
No posts, poles, structures or supports used
for supporting electric or other wires, and no wires used or to be
used for conducting electricity shall be placed in, over or under,
any street, park or public place in the City without permission of
the Department of Public Works. Such permission shall not become operative,
take effect or have any validity until the person or corporation to
whom it shall be granted shall, if a person, file with the Department
of Public Works a written statement, and if a corporation, duly adopt
a resolution and file a certified copy thereof with the Department
of Public Works assenting to the conditions contained in this chapter
and accepting such permit subject thereto and promising to abide by
and perform all the conditions and provisions contained in this chapter
and of all the ordinances hereafter enacted amendatory of or supplementary
thereto.
In case it shall appear to the Department of
Public Works that the location of any of said wires or poles shall
be dangerous or inconvenient to the public, the Department of Public
Works may order the person or corporation owning said wires or poles
to make such changes as in the opinion of said Department or City
Council may render the same safe and convenient, but in case the dangerous
or inconvenient condition of said wires or poles shall have been caused
by the occupation of said street, park or public place by two or more
persons or corporations with their wires or poles, then said order
shall direct the owner or owners of the wires or poles last placed
to make such alterations as are required by said order.
Every application to the Department of Public
Works for permission to place, erect, and maintain poles and electric
wires in, over or under any street or public place, shall state the
intended location of each pole and wire and the purpose for which
said pole and wire are to be used.
Every person or corporation erecting, maintaining
or using such poles, structures, supports or wires, shall indemnify
and save harmless the City, its officers, agents and servants from
and against all claims and demands for injuries, or alleged injuries,
to persons or property, occasioned by the existence of such poles,
posts, structures or wires, or by the transmission of electric current
by means thereof; and the said Department of Public Works, or its
officers, agents or servants exercising the rights, powers and permissions
herein, shall not be held liable by such person or corporation on
account thereof, or by reason of any injury or damage caused thereby.
The wires, posts, poles, structures and supports
of the fire alarm telegraph shall at all times take precedence and
right of way as to all other wires, poles, posts, structures or supports
maintained or erected in this City, and no lineman or any other person
shall interfere with, disturb, disarrange or change the fire alarm
or any appurtenance thereof except such lineman or person be duly
authorized so to do by the department or official having the same
in charge.
[Amended 11-17-2016 by Ord. No. 2016-014]
All poles for utilities, telegraph, telephone,
and electric lights shall be straight, properly trimmed and painted,
shall not be less than 25 feet nor more than 50 feet in height when
set and shall be iron, cedar, chestnut or hard pine or other suitable
material as may be directed by the Department of Public Works. In
no case shall any such pole be braced by guy wires attached to any
shade or ornamental tree unless by permission of the Department of
Public Works. The pins next to the poles upon all cross arms shall
be at least 22 inches apart. Whenever any wires shall cross any street,
they shall be at the height of not less than 22 feet above such street,
and cross at right angles thereto unless otherwise directed by permission
of the Department of Public Works. All wires carrying electric currents
must be properly insulated. No wires of any sort shall be attached
to any tree in any public street or place in said City, except with
the written consent of the Department of Public Works.
All poles now standing or to be hereafter erected,
shall be branded or stamped with the initials of the person or company
owning them, at a point not less than five feet or more than seven
feet from the street surface; and when a pole is occupied by wires
belonging to more than one person or company, each group of cross
arms, or where necessary the support of a single wire of different
ownership, must be distinguished by some characteristic paint, mark
or fastening.
All broken or "dead wires" and all wires, poles
and fixtures not actually in use must be removed from the streets
and public places of said City by their owners. When an old pole is
taken down, it must be removed from the street the same day. New poles
must not be brought upon any street more than two days in advance
of their erection. Any pole that shall lie on any street more than
two days shall be removed by the Department of Public Works at the
expense of the party owning it.
All other wires shall be placed at least three
feet distant from electric light or power circuit unless otherwise
ordered by the Department of Public Works. Whenever any person or
corporation maintaining electric wires in any highway, shall make
any alteration in the arrangement of such wires, or shall make any
addition to those in operation, such person or corporation shall forthwith
notify the Department of Public Works to the end that the same may
be reasonably inspected.
In case of fire, the Chief of the Fire Department
shall have full power and authority to order and cause any electric
or other wire to be cut and removed and electric currents discontinued
until the fire is extinguished.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not
exceeding $250 or imprisonment in the County Jail of Ontario County
for not more than 15 days, or both such fine and imprisonment. Each
day on which any such violation continues shall constitute a separate
offense.
