[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 9-9-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
The Board of Trustees of the Village of Mill Neck (the "Village Board") hereby finds and determines that public utility companies place poles on Village highways streets, roads and rights-of-way to facilitate the delivery of electric, telephone cable television, and other telecommunications services to the residents of the Village of Mill Neck.
The Village Board finds and determines that local governments have the authority to regulate their highways, streets, roads and right-of-way to protect the public.
The Village Board finds and determines that utility poles are damaged from time to time.
The Village Board finds and determines that public safety can be compromised when utility lines and equipment remain affixed to utility poles that are weathered or otherwise damaged.
The Village Board finds and determines that when a new pole is installed, a utility's delay in removing lines and equipment from the old pole also delays the removal of the pole itself, which causes a proliferation of aesthetically unpleasant double poles along highways, streets, roads, and rights-of-way, as well as obstructing the paths of pedestrians.
The Village Board finds and determines that the interest of the public is best served by cooperation and communication between public utilities and the Village Board.
In enacting this chapter, the Village Board deems this chapter to be an exercise of the police power of the Village of Mill Neck for the preservation and protection of public safety and is enacted pursuant to the authority contained in the Highway Law, Village Law, and Municipal Home Rule Law of the State of New York.
Therefore, the purpose of this chapter is to require utilities that use Village highways, streets, roads and rights-of-way to promptly remove their plants, cables, lines, equipment, and terminals from old and damaged poles and to further require the prompt removal of double poles once all plants, cables, lines, equipment, and terminals have been removed.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS/DAMAGED POLE
- Any utility pole that is structurally compromised due to weather, a traffic incident, and/or age and poses a potential threat to public safety.
- DOUBLE POLE
- Any old utility pole which is attached or in close proximity to a new utility pole.
- HIGHWAY/DPW SUPERVISOR
- The Village of Mill Neck foreman of the Sanitation Department and Highway Department.
- The cable, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.
- PUBLIC UTILITY
- Any corporation, authority, or other entity that provides electric, telephone, cable television, or other service, including telecommunications service, to the residents of the Village of Mill Neck.
- UTILITY POLE
- A column or post used to support service lines for a public utility.
- WRITTEN NOTIFICATION/WRITTEN NOTICE
- A writing directed to a representative of a public utility sent by regular mail, facsimile transmission or electronic mail.
When the Highway/DPW Supervisor determines that a utility pole on a Village highway, street, road or right-of-way is damaged and poses a potential threat to public safety, the Village Clerk shall provide written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days or be subject to a penalty as provided for in § 121-5 of this chapter. The last public utility to remove its plant is responsible for removing the double pole. Failure to comply with the requirements of this provision may result in penalties as provided for in § 121-5 of this chapter.
When the Highway/DPW Supervisor determines that a double pole is on a Village highway, street, road or right-of-way, the Village Clerk shall provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days or be subject to penalty. Upon the removal of each plant, the Village Clerk shall provide written notice to the public utility that owns the subsequent plant on the pole that the plant must be removed within 30 days or be subject to penalty. The last public utility to remove its plant is responsible for removing the double pole within an additional 30 days. Failure to comply with the requirements of this provision may result in penalties as provided for in § 121-5 of this chapter.
Notwithstanding any provision of this chapter to the contrary, the Highway/DPW Supervisor may extend the time frame of any written notice provided under this chapter for an additional period not exceeding the original statutory time frame set forth in this chapter. The public utility shall make a request for an extension in writing to the Village Clerk prior to the expiration of the time frame contained in the original written notice, together with the basis for the request. The Highway/DPW Supervisor shall determine whether the request for extension should be granted or denied and provide a written response to the public utility. In such instances where the request is granted, the Village Clerk shall issue another written notice, which shall then be applicable instead of the previously issued notice.
Any person, firm, corporation or public utility convicted of a violation of the provisions of this chapter shall be guilty of a violation, for a first conviction, punishable by a fine not exceeding $500; for a second or subsequent conviction, punishable by a fine not exceeding $1,000. Every day that the violation continues shall be deemed a separate violation.
In addition to the penalties provided above, any person, firm or corporation or public utility that violates the provisions of this chapter shall be subject to an administrative surcharge not to exceed $500 for each such violation. Every day that the violation continues may require a separate administrative surcharge as determined by the Village Clerk considering the time and use of Village facilities involved.
If a person, firm or corporation or public utility violates the provisions of this chapter, the Village Attorney may commence an action in the same of the Village of Mill Neck in the Nassau County Supreme Court seeking any remedy provided by law or equity, including any civil and/or injunction proceeding necessary to enforce law compliance and/or enjoin noncompliance with this chapter. Such action may seek to remove damaged poles and/or double poles, or to remove plants from such poles, the imposition of civil penalties as authorized by this chapter, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Village highway, street, road, or right-of-ways.
This chapter shall apply to all utility poles located on any Village highway, street, road or right-of-way and to all utility poles installed hereafter.
The provisions of this chapter shall be deemed to supplement applicable state and local law, ordinances, code and regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail.
If any clause, sentence, paragraph, section, word or part of this chapter is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.