[Ord. 113, 4/16/1940, § 1, as amended by Ord. 276,
7/21/1970, § 1]
Whenever permission shall hereafter be granted by the Borough
Council and Mayor, or by the laws of the Commonwealth of Pennsylvania,
to any corporation, firm or individual to construct telephone, telegraph,
electric light or transmission lines upon the public streets, highways,
lanes, avenues, alleys and public places of said Borough, which require
the erection of poles and the of wires or cable in or upon any of
the public streets, highways, lanes, avenues, alleys and public places
of the said Borough, it shall be the duty of said corporation, firm
or individual to submit to the Mayor of said Borough a written application
specifying the number and size of poles erected or intended to be
erected, and designating the places where the same are erected or
are intended to be erected, and if no objection be made thereto, it
shall be the duty of the Mayor to issue a license to the applicant
for the erection and maintenance of the specified poles at the designated
places of insertion in the ground. In case of objections being made
to the whole or any part of said application, it shall be the duty
of the said Mayor to hear the same and to grant or refuse the license.
No pole shall be newly erected unless the license of said Mayor shall
have been previously obtained therefore, as provided in this section,
and for every license so granted there shall be paid to the Borough
Secretary, for the use of said Borough, the sum of $1 for each and
every pole designated in the application.[1]
[1]
Editor's Note: Section 8 of Ordinance 113 repealed all
inconsistent ordinances and resolutions and parts thereof.
[Ord. 113, 4/16/1940, § 2, as amended by Ord. 276,
7/21/1970, § 1]
It shall be the duty of the Mayor to cause a thorough and careful
Inspection to be made at least once in each year of all the telephone,
telegraph, electric light and transmission line poles erected in or
upon public streets, highways, lanes, avenues, alleys and public places
within the Borough limits, and to require a report to be made to him
of any and all defects in said poles and crossbars thereon and in
the wire or cable stretched on said poles or crossbars that may render
said poles, crossbars and wires, or any of them, dangerous to travel
on said public streets, highways, lanes, avenues, alleys and public
places. If any such defect in any of said poles, crossbars or wires
shall be reported to the Mayor, he shall notify the owner thereof
of such defect and it shall be the duty of the owner, within 48 hours
after service of such notice, to remedy the said defect.
[Ord. 113, 4/16/1940, § 3, as amended by Ord. 276,
7/21/1970, § 1]
It shall be the duty of every corporation, firm or individual
which is now enjoying or may hereafter enjoy the privilege of erecting
and maintaining poles within the limits of this Borough for the purposes
provided for in this ordinance[1] before the first Monday of May, 1940, and annually thereafter
before the first Monday of May in each and every year, to make application
to the said Mayor for a license to maintain the poles theretofore
erected; and the Mayor shall issue a license to such applicants which
shall authorize the maintenance of the poles designated in the application,
only for the period of one year, from the first Monday of May next
ensuing the day of such application, and no longer; and the charge
of issuing such license shall be the sum of 25 cents per year for
each and every pole authorized to be maintained thereby, which sum
shall be paid to the Borough Secretary for the use of said Borough.
[1]
Editor's Note: Sections 21 to 27 of this chapter; see
especially Section 21.
[Ord. 113, 4/16/1940, § 4]
On and after the first Monday in May, 1940, no telephone, telegraph,
electric light or transmission pole shall be maintained within the
corporate limits of the Borough of Mifflinburg unless an annual license
for the maintenance thereof shall have been previously granted for
the same in accordance with the provisions of this ordinance,[1] and in case of failure to pay said license on or before
the first day of June in each and every year, the same shall be collected
in an action of assumpsit.
[1]
Editor's Note: Sections 21 to 27 of this chapter.
[Ord. 113, 4/16/1940, § 5]
Any corporation, firm or individual which is now enjoying or
may hereafter enjoy the privilege of erecting and maintaining poles
within the limits of this Borough, for the purposes provided for in
this ordinance,[1] shall replace and properly relay any sidewalk or street
pavements or surface that may be displaced by it in the construction,
alteration or maintenance of its poles, lines, wires, fixtures, or
attachments.
[1]
Editor's Note: Sections 21 to 27 of this chapter; see
especially Section 21.
[Ord. 113, 4/16/1940, § 6, as amended by Ord. 276,
7/21/1970, § 1]
Each and every owner or owners of any poles for the erection
or maintenance of which a license is required to be charged by the
provisions of this ordinance[1] shall be liable to pay to the said Borough a fine of $50
for each and every violation of said ordinance; provided that if any
corporation, firm or individual aforesaid, upon service of notice
from the Mayor that any pole, crossbars or wires erected or maintained
by the same has been found defective, shall neglect or refuse for
the space of 48 hours after notice is served, to remedy the defect,
he, they, or it shall be liable to a fine to be paid to said Borough
of $5 for each and every day said neglect or refusal shall continue;
and provided further, that all fines authorized to be imposed by this
ordinance shall be collected as debts of like amount are now collected
by law, and all suits to be brought in the name of the Borough of
Mifflinburg.
[1]
Editor's Note: Sections 21 to 27 of this chapter.
[Ord. 113, 4/16/1940, § 7]
No right or privilege granted and no duty imposed or fee received
shall impose any liability upon the Borough or relieve the company
therefrom, nor shall any inspection herein mentioned relieve the company
from its duty in this regard; all with the same force and effect as
though this ordinance[1] had not been enacted.
[1]
Editor's Note: Sections 21 to 27 of this chapter.
