Village of Monticello, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 1-5-1976 as Ch. 165 of the 1976 Code. Amendments noted where applicable.]

§ 232-1
Permit required. 

§ 232-2
Erection of towers and poles. 

§ 232-3
Installations: workmanship; maintenance; excavations. 

§ 232-4
Compliance with rules and regulations. 

§ 232-5
Insurance. 

§ 232-6
Service. 

§ 232-7
Review of rates and charges. 

§ 232-8
Transfer of permit. 

§ 232-9
Validity of permit. 

§ 232-10
Permit not a franchise. 

§ 232-11
Permit fee. 

§ 232-12
Penalties for offenses. 

§ 232-1 Permit required.

The Board of Trustees may, by majority vote, issue to any person, firm or corporation a permit to construct, maintain and operate, in the streets, alleys and public places in the Village of Monticello, lines, cables, wires, wiring and other apparatus for the purpose of receiving, amplifying and distributing television signals and television in the Village of Monticello, subject to the conditions hereinafter set forth.

§ 232-2 Erection of towers and poles.

No towers or poles shall be erected by the permittee without the express consent of the Board of Trustees, Village of Monticello, nor except at locations to be approved by said Board of Trustees of the Village of Monticello, which consent shall be evidenced by written permit authorized by the Village Manager. The permittee shall, at its own expense, move its lines, cables, wires, towers, poles and other apparatus to other locations when the Village of Monticello, through its authorities, may require for safety or convenience of said village or other permit holders and of inhabitants affected thereby.

§ 232-3 Installations: workmanship; maintenance; excavations.

All installations made by the permittee shall be made in good, substantial, safe condition and maintained in such condition at all times. The permittee shall promptly replace and properly restore in a manner satisfactory to the village any sidewalk, curb or highway that may be disturbed in the doing of the work permitted hereunder. The permittee shall make no excavations in the streets, alleys and public places without first procuring a written permit from the Village Manager or other authorized representative of the village, and all work of such kind shall be done under the supervision of the village departments affected thereby and so as to meet the approval of the Board of Trustees.

Editor's Note: See Ch. 78, Excavations.

§ 232-4 Compliance with rules and regulations.

The permittee shall comply with all rules and regulations now in force or which may hereafter be put in force with respect to proper installation and construction of lines, cables, wires, wiring and other apparatus authorized hereunder to be installed. The right to change and adopt new regulations from time to time is reserved to the Village of Monticello.

§ 232-5 Insurance.

The permittee shall furnish public liability insurance in a solvent surety company authorized to do business in the State of New York, to be approved by the Village Manager, to indemnify and save the Village of Monticello harmless from damages or injury to persons or property and from loss and expense caused by the negligence or default of the permittee, whose policy of insurance shall provide maximum amounts of liability as follows and shall name the Village of Monticello as one of the insured:

A. 

Fifty thousand dollars for property damage to any one person.

B. 

Two hundred thousand dollars for personal injury to any one person.

C. 

Five hundred thousand dollars for personal injury in any one accident.

§ 232-6 Service.

The service furnished by the permittee shall be first-class service, and the same shall be furnished to every person in the Village of Monticello within reasonable reach of its facilities and within a reasonable time after demand for such service has been made, upon equal and exact terms for the same class of service, and the matter of whether or not a reasonable return on the cost of making extensions can be obtained shall be left exclusively to the Board of Trustees, after a fair hearing concerning such matter.

§ 232-7 Review of rates and charges.

The Board of Trustees shall have the right to review rates and charges which may be made by the permittee for connections and service rendered by it to the inhabitants of the Village of Monticello. No rates for such purposes shall be established or charged by the permittee until the same shall have been approved by the Board of Trustees, and no change of rates approved shall be made except after a fair public hearing before the Board of Trustees. Written notice of any proposed changes shall be given at least 30 days prior to such hearing.

§ 232-8 Transfer of permit.

The permit authorized by this chapter shall not be transferred, assigned or sublet by the permittee without the consent of the Board of Trustees of the Village of Monticello.

§ 232-9 Validity of permit.

The permit authorized by this chapter shall remain in effect unless revoked for failure of the permittee to comply with the terms and conditions hereof, after due notice and hearing. In the event of cancellation or other termination, the permittee shall, at its own expense, forthwith remove all of its construction and equipment from the streets, alleys and public places in the village and restore the same to good condition satisfactory to the Village Manager or other authorized officials.

§ 232-10 Permit not a franchise.

The permit authorized by this chapter shall never be construed to be a franchise.

§ 232-11 Permit fee.

In consideration for the permit authorized by this chapter, the permittee shall, on or before the first day of January in each and every year throughout the existence of the permit or any extension thereof, pay the Village of Monticello a permit fee as shall be established from time to time by resolution of the Board of Trustees.

Editor's Note: For current fee schedule, see Ch. A290, Fees.

§ 232-12 Penalties for offenses.

[Amended 6-21-1999 by L.L. No. 5-1999]

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article III, General Penalty, of Chapter 1 of the Code of the Village of Monticello.