[Ord. 1-1965, 5/3/1965, § 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 Allen until the proposed location, specifications and manner of
installation of such cables, equipment and wires shall have been set
forth upon a plat or map showing the existing poles, streets, alleys,
or highways within the Township of Allen, as such installations are
proposed and submitted in writing by any person, firm, partnership,
or corporation desiring to operate a community antenna system, to
the proper Township officer and approved in writing.
[Ord. 1-1965, 5/3/1965, § 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 Allen 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 proper Township
Officer may determine the hours when such work shall be performed
and fix a time when such work shall be completed.
[Ord. 1-1965, 5/3/1965, § 3]
The erection of any poles shall be subject to the consent and
supervision of the proper Township Officer and shall be at the operator's
own cost and expense and the operator shall replace and properly repave
that portion of any sidewalk or street pavement, to the satisfaction
of the Township of Allen, which may have been displaced or damaged
by it.
[Ord. 1-1965, 5/3/1965, § 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. The operator
of the community antenna system and its successors, shall at all times
fully indemnify, protect and save harmless the Township of Allen from
and against all claims, actions, suits, damages and charges and against
all loss and necessary expenditures arising from the erection, 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 ordinance, 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 said events said operator
and its successors shall, at its own cost and expense, remove its
equipment, cables and wires, erected or attached to such existing
poles.
[Ord. 1-1965, 5/3/1965, § 5]
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 for 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 Township Secretary and kept in force at all times,
the limits of said insurance to be subject to the approval of the
Board of Supervisors of the Township of Allen 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. 1-1965, 5/3/1965, § 6]
Any such operator shall also enter into a bond with the Township
of Allen, said bond to be in form and with surety to be approved by
the Board of Supervisors of the Township of Allen 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 Allen,
because of:
A.
Failure to maintain its poles, cables, wires and equipment erected
pursuant to said ordinance across, through, in and along the public
streets, alleys and highways within the limits of the Township of
Allen, County of Northampton and State of Pennsylvania, in good and
safe order and condition; or
B.
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 Allen, County of Northampton and State of Pennsylvania
in accordance with this ordinance. In the event that permission under
this ordinance should be revoked by the Township of Allen, 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 said bond shall be void provided the operator of the community
antenna system and its successors are not in violation of this Part,
otherwise to remain in full force and effect.
[Ord. 1-1965, 5/3/1965, § 7]
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.
[Ord. 1-1965, 5/3/1965, § 8]
Any privilege and permission granted under this ordinance shall
be by resolution of the Township of Allen and may at any time be revoked
by resolution of the Township Board of Supervisors of the Township
of Allen and shall, at all times, be exercised and maintained subject
to the approval of the proper Township officers. Any violation of
the terms of this ordinance shall be deemed and taken to work a forfeiture
of any permission and privileges that may have been granted.
[Ord. 1-1965, 5/3/1965, § 9]
Nothing herein shall be interpreted as meaning that the Township
of Allen conveys or gives the right to use the new existing poles
or facilities of property of the Pennsylvania Power & 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
Township of Allen before any erection or field work is performed.
[Ord. 1-1965, 5/3/1965, § 10]
If at any time the facilities being used are ordered removed
by the proper Township officers, or voluntarily removed by the utility,
railroad, private corporation, person or partnership now using such
facility, then upon 60 days' notice from the Township of Allen,
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 Township
Board of Supervisors shall have the right to declare any and all privileges
granted withdrawn and forfeited.
[Ord. 1-1965, 5/3/1965, § 11]
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 Allen, shall be
filed with the Township Secretary prior to the commencement of any
construction, maintenance or installation of any equipment, cables,
or wires of any kind whatsoever.
[Ord. 1-1965, 5/3/1965, § 12]
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 ordinance, in-default
of any of which the resolution shall become null and void and be of
no effect.
[Ord. 1-1965, 5/3/1965, § 13]
All legal advertising or printing fees or expenses incurred
by the Township of Allen in connection with the passage of any resolutions
under this ordinance shall be paid by the operator of the community
antenna system.
[Ord. 1-1965, 5/3/1965, § 14]
There shall be filed with the Township Secretary a schedule
of uniform tariffs covering installations and hook-up charges for
both commercial and residential buildings and service charges relating
thereto and any subsequent changes in said tariffs.
[Ord. 1-1965, 5/3/1965, § 15]
The Township of Allen expressly reserves unto itself the right
in the future to impose license or franchise fees upon the corporations
of community antenna systems.
[Ord. 1-1965, 5/3/1965, § 16; as amended by Ord.
2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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.
