[HISTORY: Adopted by the Council of the Borough of Darby 5-6-1894 by Ord. No. 102, approved 5-6-1894. Amendments
noted where applicable.]
It shall be the duty of the Highway Committee to cause a thorough
inspection to be made at least once in every year of all telegraph,
telephone, electric light and trolley poles erected within the Borough
limits and all wire thereon, and if any pole or wire shall be found
defective or dangerous from any cause, said Committee shall notify
the owner of such pole or wire, who shall forthwith replace the same
with a sound pole or wire. If the said owner shall neglect or refuse
to replace such defective pole or wire within 48 hours after receiving
such notification, he or they shall be liable to a fine of $5 for
each and every day during which said neglect or refusal shall continue,
to be collected as debts of like amount are now by law recoverable.
It shall be the duty of the owners of all telegraph, telephone
or electric light wire in said Borough to make a return on or before
the first Monday of January of each year of the length, amount and
location of all such wire, and in default of such return said owner
shall be liable to a penalty of $50, to be recovered as debts are
by law recoverable.
A.
All telegraph, telephone and similar poles now erected or hereafter
to be erected in the Borough of Darby shall be designated by the names
or initials of the owners of such poles, and each of such poles shall
be legibly marked in oil paint with a distinctive number, together
with the names or initials of such owner.
B.
It shall be the duty of every owner or owners of such poles and of
wire thereon, on or before the first Monday of July and annually thereafter
on the first Monday of January in each year, to make application to
the Borough Secretary for a license for the ensuing year to maintain
the poles theretofore erected, also to make application for a license
to maintain wire upon said poles, specifying the poles so to be maintained
by their designation, as provided for in this section.
C.
The Borough Secretary shall issue a license to such applicant, which
shall authorize the maintenance of the poles and wire designated in
the application only for the period of one year from the first day
of January of the year for which said application is made and no longer.
D.
The charge for issuing such license shall be the sum of $1 for each
and every pole authorized to be maintained thereby and the sum of
$2.50 for each mile of wire or fraction thereof, and such charge shall
be paid to the Borough Secretary for the use of the said Borough.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
No telegraph, telephone or similar pole shall be hereafter erected
nor any wire placed thereon within the limits of this Borough unless
a license shall be first taken out as aforesaid, for which the applicant
shall pay $1 for each pole and $2.50 for each mile of wire or fraction
thereof to the Borough Secretary, unless the license shall be issued
during the months from July to December inclusive, in which case the
applicant shall pay the sum of $0.50 for each pole and $1.25 for each
mile of wire or fraction thereof.
[Amended 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
No telegraph pole, telephone or other similar pole shall be erected or maintained nor any wire placed thereon within the corporate limits of the Borough of Darby without an annual license for the maintenance thereof having been previously granted for the same in accordance with the provisions of §§ 109-3 and 109-4 of this chapter.
In case the Borough of Darby shall desire to use any pole erected
or maintained under this chapter for any municipal purpose, it shall
have the right to the exclusive use free of charge or one arm of one
crossbar upon any such pole with the right to string wires therefrom.
[Added 3-5-1975 by Ord.
No. 557, approved 3-5-1975]
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $300 and costs of such proceedings or, upon default of payment
of such fines and costs, by imprisonment in the county jail for a
term of not more than 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
