[HISTORY: Adopted by the City Council of the City of Clairton 8-14-1973 by Ord. No. 1249 as Ch. 122 of the 1973 Code. Amendments noted where applicable.]
It shall be unlawful for any person to erect or maintain any poles for conducting or carrying electric light wires, for purposes of light, heat or power, or telephone or telegraph wires or other public or utility service wires or poles or necessary devices incidental thereto used in connection therewith on any public road, street, alley, lane or highway within the City or to support any wires or cables thereon or to construct, erect or maintain any pole as aforesaid or attachments to such pole so that they will overhang or project over any road, street, lane, alley or highway, without first having filed with the City Manager for approval of the City Council a map or plan showing the exact location of each pole or attachments thereto with regard to the boundary and center lines of the road, street, lane, alley or highway along which it is to be erected.
Every pole erected as aforesaid shall be plainly marked with the name or initials of the person owning the same, together with a distinctive number, which number shall be noted on the map or plan mentioned in § 271-1.
It shall be unlawful for any person to erect or hereinafter maintain within the limits of any public road, street, alley or highway within the City any pole materials or poles or attachments thereto which obstruct or interfere with traffic, either during construction and erection or thereafter, or which by reason of location or condition endanger persons or property lawfully upon and using such public roads, streets, lanes, alleys and highways.
Every pole or attachment thereto so obstructing traffic or endangering persons or property shall, within 15 days after notice of such unlawful location or condition, be removed or relocated or repaired by the owner thereof as directed by notice from the City Manager as approved by the Director of the Street Department. Also, every pole or attachment thereto shall comply with any changes in road locations upon 15 days' notice.
The lowest crossarm on any pole shall comply with the minimum standards and requirements of the National Electric Safety Code or other requirements now established by law or as may be hereafter required or established.
All poles, attachments and lines shall be inspected at least twice each year by such inspector as the City Council shall appoint for that purpose, and a report of all such inspections shall be made to the City Council and filed with the City Manager, and notice of all defects and changes necessary as disclosed by such inspections of the poles, attachments and lines aforesaid shall be given by the City Clerk to the owners thereof, with direction to correct the same within 15 days of receipt of such notice.
Any person erecting or maintaining poles as covered in this chapter shall be responsible for any and all accidents and damages resulting from his or her negligence, either during the construction and erection or maintenance of his or her lines or poles.
The license shall, at all times, indemnify and save the City from any suit, claim or damage that might arise from the construction, erection or maintenance of lines, poles or attachments thereto.
The privilege or license granted is subservient to all paramount rights which the abutting property holders may have in the highways, so as not to render the City liable for any damage to private property by reason of setting of such poles and stringing of wires or other fixtures thereon or by reason of the maintenance of such poles, lines or attachments thereto.
[Amended 4-14-1992 by Ord. No. 1518]
Any person violating any of the provisions of this chapter shall, upon due conviction, pay for each offense a fine or penalty not to exceed the sum of $600, plus costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 90 days. The unlawful maintenance of poles or attachments thereto, after expiration of notice to remove them as herein provided, shall constitute one offense, and the continuation of such neglect or refusal to so remove or correct such poles or attachments for a period of 30 days thereafter shall constitute a separate and distinct offense punishable as aforesaid, and likewise with the continuance of such offense during each successive period of 30 days thereafter, and the Council shall, in addition thereto, have the authority to remove or to direct the removal of the obstructing poles or attachments thereto at the cost and expense of the owner of such poles.