[Ord. 7/1/1902, § 1; as amended by Ord. 3/1/1904,
§ 2; and by Ord. 1735, 4/12/1993]
1.
Whenever permission has already been granted and whenever permission
hereafter shall be granted by Council to any corporation, firm or
individual to construct a line of telegraph, telephone, electric railway
line, or electric light plant or both or all of which, which requires
the erection of wooden poles, carrying electrically-charged wires,
in or upon any of the streets or highways within the corporate limits
of the Borough of Pottstown, it shall be the duty of such corporation,
firm or individual to submit to the Borough Secretary a written statement
of the number, size and location of the poles, carrying electrically-charged
wires, now erected, and also whenever new poles, carrying electrically-charged
wires, are intended to be erected, a written application specifying
the number and size of the poles, carrying electrically-charged wires,
intended to be erected, and designating the places where the same
are intended to be erected, and designating the places where the same
are intended to be inserted; and if no objection be made thereto,
it shall be the duty of the Borough Secretary to report said statements
and applications to Council for approval, when the Secretary shall
make a minute thereof, and the Borough Secretary shall issue the license
to said applicant for the number of poles, carrying electrically-charged
wires, erected or to be erected after receiving notice from the Borough
Treasurer that the license required by this Part has been first paid
to the Borough Treasurer by the applicant.
2.
In case objections are made to the whole or any part of such application,
it shall be the duty of the Borough Secretary to hear the same before
reporting to Council, and in such case the license shall be granted
as aforesaid, either in accordance with the application or with such
conditions and modifications to secure the purposes of this Part as
the case may require.
3.
No pole carrying electrically-charged wires shall be newly erected
unless a license therefor shall have been previously obtained as above,
and for every license so granted there shall be paid to the Borough
Treasurer for the use of the Borough a sum, in an amount as established
from time to time by resolution of Borough Council, for each pole
carrying electrically-charged wires.
[Ord. 7/1/1902, § 2; as amended by Ord. 2/10/1909,
§ 1; by Ord. 1/14/1959, § 1; by Ord. 1003, 5/19/1964,
§ 1; and by Ord. 1735, 4/12/1993]
No pole carrying electrically-charged wires shall be newly erected
unless a license therefor shall have been previously obtained as provided
for in § 401 of this Part, and for every license granted
prior to January 1, 1959, and remaining unpaid to the Borough Treasurer,
there shall be paid to the Borough Treasurer, for the use of the Borough,
a sum, in an amount as established from time to time by resolution,
per each pole carrying electrically-charged wires; and for every license
so granted after January 1, 1959, there shall be paid to the Borough
Treasurer for the use of the Borough a sum, in an amount as established
from time to time by resolution, per each pole carrying electrically-charged
wires. The Borough Engineering Department shall, from time to time,
inspect all wooden telegraph, telephone, electric light and electric
railway poles erected within the corporate limits of the Borough,
and shall immediately report any unsafe or dangerous poles to the
individual or corporation owning or using or in control of such poles,
with notice to forthwith replace the same with that which is sound
and safe. In the event of neglect or refusal of such individual or
corporation so notified satisfactorily to remedy the cause of the
complaint, the Engineering Department shall report the same in writing
to the Mayor, who shall have the power to remove from and off the
public streets and alleys such defective and dangerous poles, if,
after 48 hours notice from the Mayor to the proper individual or corporation
through its superintendent, manager, Clerk, or other employee, such
corporation shall still neglect or refuse to remedy the complaint,
and the cost of such removal shall be charged to and recovered from
the individual or corporation owning, maintaining, using or controlling
such poles, by suit before any District Justice.
[Ord. 7/1/1902, § 3; as amended by Ord. 3/1/1904,
§ 3; and by Ord. 1003, 5/19/1964, § 2]
1.
As a police regulation, every individual and every corporation now
or hereafter maintaining, using or controlling, upon the highways
of the Borough of Pottstown, any wooden pole carrying electrically-charged
wires, and such corporation's officers, managers, superintendents
and employees, locally in charge of the business of such corporation,
are hereby required:
A.
To plainly stencil or mark every pole with the name or initials of
the individual or corporation owning, maintaining or using such pole,
and thereafter, upon erecting any other poles, to likewise immediately
designate them, and to keep such name or initials always legible from
the sidewalk.
B.
To submit to the hereinbefore mentioned official inspection of every
pole.
C.
To remove unlicensed, defective or dangerous poles from the public
highways immediately upon written notice as herein provided.
D.
To pay or cause to be paid to the Borough of Pottstown the cost thereof,
if the neglect of such individual or corporation compels the Borough
to remove any such poles.
E.
It shall be the duty of every such owner or owners, annually on the
first day of January, to make application to the Borough Secretary
as aforesaid for a license to maintain the poles previously erected
for the ensuing year, specifying the poles to be maintained by their
designation, as provided for in this Part.
2.
The Borough Secretary, under the conditions mentioned in § 501
of this Part, shall grant a license to such applicant, which shall
authorize the maintenance of the poles designated in the application
only for the period of one year from such first day of January.
[Ord. 7/1/1902, § 4; as amended by Ord. 3/1/1904,
§ 4; and by Ord. 1003, 5/19/1964, § 3]
The Borough shall provide a numbered metal license tag for each
licensed pole, and such tag shall be affixed to the pole by the owner
thereof.
[Ord. 7/1/1902, § 5; as amended by Ord. 3/1/1904,
§ 5; by Ord. 2/10/1909, § 2; by Ord. 1/14/1959,
§ 2; by Ord. 1450, 12/30/1980, § 2; and by Ord.
1735, 4/12/1993]
On and after the first day of January, A.D. 1950, no telegraph,
telephone, electric light or electric railway pole carrying electrically-charged
wires shall be maintained within the corporate limits of the Borough,
unless an annual license for the maintenance thereof shall have been
previously granted for the same in accordance with the provisions
of this Part, or unless an annual license for the maintenance thereof
shall be granted for the same in accordance with the provisions of
this Part, and unless the fee, in an amount as established from time
to time by resolution, per pole, as in § 401 of this Part
as provided for, be paid for and in lieu of the license fee, in an
amount as established from time to time by resolution, on all poles
where the same not remains unpaid and a fee, in an amount as established
from time to time by resolution, per pole for all annual licenses
granted in accordance with the provisions of this Part after the first
day of January 1981.
[Ord. 7/1/1902, § 6]
Upon complying with the provisions and requirements of this
Part, the privilege heretofore granted to such corporations, firms
or individuals by resolution or ordinance shall not in any way be
affected. The Mayor and Borough Council, however, reserve the right
to revoke by ordinance any of the privileges mentioned and granted
by this or any other ordinance or resolution.
[Ord. 7/1/1902, § 7; as amended by Ord. 1735, 4/12/1993]
The penalty for every violation of any of the provisions and
requirements of this Part shall be a fine of $600 for each pole concerning
which there is such violation, to be recovered for the use of the
Borough of Pottstown as fines and penalties are now by law recoverable;
and the same penalty, to be likewise recovered, is provided for the
unauthorized placing of a Borough license tag upon any such pole,
or removing therefrom such license tag after being duly affixed.
