[Ord. 11/2/67, 11/2/1967, § 1]
No poles, cables, equipment or wires for the construction, maintenance
and operation of community antenna systems shall be installed or the
installation thereof commenced on any existing pole within the Township
of Upper Macungie until the proposed location, specifications and
manner of installation of such cables, equipment and wires shall have
been set forth upon a plot or map showing the existing poles, streets,
alleys or highways within the Township of Upper Macungie where such
installments are proposed and submitted in writing by any person,
firm, partnership or corporation desiring to operate a community antenna
system to the Supervisors of Upper Macungie Township and approved
by the Supervisors in writing.
[Ord. 11/2/67, 11/2/1967, § 2]
In the installation or maintenance of such poles, cables, equipment
and wires, there shall be no interference with the public use of any
street, alley or highway more than necessary to enable the performance
and the installation of maintenance work with proper economy and efficiency,
and the judgment of the Township of Upper Macungie shall be deemed
binding in this connection. When necessary, in order not to interfere
unduly with traffic or the rights of the traveling public, the Supervisors
of Upper Macungie Township may determine the hours when such work
shall be performed and fix a time when such work shall be completed.
[Ord. 11/2/67, 11/2/1967, § 3]
The erection of any poles shall be subject to the consent and
supervision of the Supervisors and shall be at the operator's own
cost and expense, and the operator shall replace and properly repave
that portion of any street pavement which may have been displaced
or damaged by it, and all replacement of street paving shall be in
conformity with the specifications as set forth by the Township Engineer.
[Ord. 11/2/67, 11/2/1967, § 4]
All poles and equipment, cables and wires so attached to existing
poles shall be erected or constructed in a good safe order and condition
and in accordance with the best engineering practices and safety requirements.
Wires shall, in general, be placed only where service poles for light,
telephone and power lines have been or will be installed so as to
preserve the prevailing character of neighborhoods and to maintain
clear unobstructed streets as much as possible. Where a street crossing
is necessary for transmission or home service lines, a minimum vertical
height above the curb of 18 feet shall be maintained.
[Ord. 11/2/67, 11/2/1967, § 5]
The operator of the community antenna system and its successors
shall at all times fully indemnify, protect and save harmless the
Township of Upper Macungie, its agents, servants and employees from
and against all claims, actions, suits, damages and charges and against
all loss and necessary expenditures arising from the creation, construction
or maintenance of the said works or from the neglect or failure to
maintain its said works in good order and condition. In the event
there shall be failure or refusal to comply at any time with any part
of this Part 2, or in the event that the business of the operator
of the community antenna system and its successors should be discontinued,
voluntarily or involuntarily, then and in any said events, said operator
and its successors shall, at its own cost and expense, remove its
said equipment, cables and wires erected or attached to such existing
poles.
[Ord. 11/2/67, 11/2/1967, § 6]
The operator of a community antenna system shall procure and
maintain such insurance as will protect it from any claim or claims
for damages to property and/or personal injury, including death, which
may arise from its operations and the maintenance of the apparatus
hereinbefore mentioned, and certificates of such insurance shall be
filed with the Secretary of the Township and kept in force at all
times, the limits of said insurance to be subject to the approval
of the Supervisors of Upper Macungie Township as to adequacy of protection
and in no event to be less than $25,000/$100,000 for property damage
and $100,000/$300,000 limits for personal injury including death.
[Ord. 11/2/67, 11/2/1967, § 7]
The operator of any community antenna system operating within
Upper Macungie Township shall enter into a bond with the Township
of Upper Macungie, which bond shall be in the form and with surety
to be approved by the Supervisors of Upper Macungie Township in the
amount of $5,000, conditioned that said operator shall pay or cause
to be paid any sums which may become due and payable to the Township
of Upper Macungie because of:
1.
Failure to maintain its poles, cables, wires and equipment erected
pursuant to said Part 2 across, through, in and along the public streets,
alleys and highways within the limits of the Township of Upper Macungie,
County of Lehigh and State of Pennsylvania, in good and safe order
and condition, or
2.
Failure to remove its cables, wires and equipment from, across, through,
in and along the public streets, alleys and highways within the limits
of the Township of Upper Macungie, County of Lehigh and State of Pennsylvania
in accordance with this Part. In the event that permission under this
Part should be revoked by the Township of Upper Macungie, or in the
event that the business of the operator of the community antenna system
should be discontinued, voluntarily or involuntarily, and said operator
and its successors are not in violation of this Part, then said bond
shall be void, otherwise to remain in full force and effect.
[Ord. 11/2/67, 11/2/1967, § 8]
Any privilege and permission granted under this Part shall be
by resolution of the Supervisors of Upper Macungie Township and may
at any time be revoked by resolution of the Supervisors of Upper Macungie
Township, and shall at all times be exercised and maintained subject
to the approval of the Supervisors of Upper Macungie Township. Any
violation of the terms of this Part shall be deemed and taken to work
a forfeiture of any permission and privileges that may have been granted.
[Ord. 11/2/67, 11/2/1967, § 9]
1.
The right to engage in the activities hereto shall not be construed
to be an exclusive grant to any one operator of a community antenna
system so as to prevent the granting of similar privileges to others.
2.
In extending lines to new subdivisions and/or land developments within
the Township, each cable operator shall accept from the developer
only those easements which provide nonexclusive rights to operate
a cable system within such subdivision and/or land development. No
such easement shall prevent any other cable operator authorized to
operate within the Township, then or in the future, from using such
easement to extend other and further lines to such subdivision and/or
land development. In each new subdivision and each new land development,
the developer shall, upon notifying public utilities of the opportunity
to serve such subdivision or land development, also notify all cable
operators licensed to operate a cable system in the Township of opportunity
to install cable facilities to serve the subdivision or land development.
Each owner of a separate tract of land of record in such subdivision
or land development and all persons within the Township shall have
the right to freely choose any cable operator permitted in the Township
to serve such person with such cable operator's cable system.
[Added by Ord. 2007-2, 2/1/2007, § 2]
[Ord. 11/2/67, 11/2/1967, § 10]
Nothing herein shall be interpreted as meaning that the Township
of Upper Macungie conveys or gives the right to use the now existing
poles or facilities or property of the Pennsylvania Power and Light
Company, Bell Telephone Company or any utility, railroad or private
corporation, person or partnership without first obtaining written
permission from said parties, which written permission shall be filed
with the Secretary of Upper Macungie Township before any erection
or field work is performed.
[Ord. 11/2/67, 11/2/1967, § 11]
If at any time the facilities being used are ordered removed
by the Supervisors of Upper Macungie Township or by the utility, railroad,
private corporation, person or partnership now using such facilities,
and such facilities are not removed, then upon 60 days' notice from
the Township of Upper Macungie the said wires, equipment and cables
being used at such location shall be removed at the expense of the
operator of the community antenna system and its successors within
said time as ordered, and the Supervisors of Upper Macungie Township
shall have the right to declare any and all privileges granted withdrawn
and forfeited.
[Ord. 11/2/67, 11/2/1967, § 12]
Certified copies of any existing or future contracts by and
between the operator of the community antenna system and its successors
with any public utility servicing the Township of Upper Macungie shall
be filed with the Secretary of the Township prior to the commencement
of any construction, maintenance or installation of any equipment,
cables or wires of any kind whatsoever.
[Ord. 11/2/67, 11/21/1967, § 13]
Any operator of any community antenna system shall, under its
seal and by its proper officers, within 30 days from the date of the
resolution granting permission, signify in writing its acceptance
of all the terms, conditions, regulations and restrictions of this
Part and shall also furnish the aforesaid certificates of insurance
and bond and other documents required by this Part, in default of
any of which the resolution shall become null and void and be of no
effect.
[Ord. 11/2/67, 11/2/1967, § 14]
All persons, firms or corporations engaged or intending to engage
in the business of operating a community antenna system shall obtain
a franchise from the Supervisors of the Township of Upper Macungie,
which franchise shall be granted subject to the terms of this Part
and for a period of five years. All franchises may be renewed under
the provisions of this Part for additional periods of five years.
A fee of $100 shall be paid upon the issuance of a franchise, and
a fee of $50 shall be paid for each renewal of a franchise.
[Ord. 11/2/67, 11/2/1967, § 15]
All legal advertising or printing fees or expenses incurred
by the Township of Upper Macungie in connection with the passage of
any resolutions under this Part shall be paid by the operator of the
community antenna system.
[Ord. 11/2/67, 11/2/1967, § 16]
There shall be filed with the Secretary of Upper Macungie Township
a schedule of uniform tariffs covering installations and hookup charges
for both commercial and residential buildings and service charges
relating thereto and any subsequent changes in said tariffs.
[Ord. 11/2/67, § 17; as amended by Ord. 12-86,
6/5/1986; and by Ord. 3-97, 3/6/1997, § 3]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not more than $1,000, plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
