[HISTORY: Adopted by the Borough Council of the Borough of Bath 3-1-1965 by Ord. No. 236 (Ch. 167, Art. I, of the 2005 Code of Ordinances). Amendments noted where applicable.]
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 Borough of Bath until the proposed location, specifications and manner of installation of such cables, equipment and wires shall have been set forth upon a plot or map showing the existing poles, streets, alleys or highways within the Borough of Bath, 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 Borough officer and approved in writing.
Editor's Note: Section 12 of Ord. No. 236 provided that the operator of any community antenna television system would have to accept in writing the terms of this ordinance within 30 days; Section 13 provided that the operator would have to pay all expenses incurred in connection with passage of this ordinance.
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 of the installation or maintenance work with proper economy and efficiency and the judgment of the Borough of Bath 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 Borough officer may determine the hours when such work shall be performed and fix a time when such work shall be completed.
The erection of any poles shall be subject to the consent and supervision of the proper Borough 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 Borough of Bath, which may have been displaced or damaged by it.
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 Borough of Bath 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 chapter, 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 said equipment, cables and wires erected or attached to such existing poles.
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 Borough Secretary and kept in force at all times, the limits of said insurance to be subject to the approval of the Council of the Borough of Bath 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.
Any such operator shall also enter into a bond with the Borough of Bath, said bond to be in form and with surety to be approved by the Council of the Borough of Bath 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 Borough of Bath because of:
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 Borough of Bath, County of Northampton and State of Pennsylvania, in good and safe order and condition; or
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 Borough of Bath, County of Northampton and State of Pennsylvania in accordance with this chapter. In the event that permission under this chapter should be revoked by the Borough of Bath, 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 chapter, otherwise to remain in full force and effect.
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.
Any privilege and permission granted under this chapter shall be by resolution of the Borough of Bath and may at any time be revoked by resolution of the Borough Council of Bath and shall, at all times, be exercised and maintained subject to the approval of the proper Borough officers. Any violation of the terms of this chapter shall be deemed and taken to work a forfeiture of any permission and privileges that may have been granted.
Nothing herein shall be interpreted as meaning that the Borough of Bath conveys or gives the right to use the now existing poles or facilities of property of the Metropolitan Edison 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 Borough of Bath before any erection or field work is performed.
If at any time the facilities being used are ordered removed by the proper Borough officers, or voluntarily removed by the utility, railroad, private corporation, person or partnership now using such facility, then upon 60 days' notice from the Borough of Bath 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 Borough Council shall have the right to declare any and all privileges granted withdrawn and forfeited.
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 Borough of Bath, shall be filed with the Borough Clerk (Secretary) of Bath prior to the commencement of any construction, maintenance or installation of any equipment, cables or wires of any kind whatsoever.
There shall be filed with the Borough Secretary a schedule of uniform tariffs covering installations and hookup charges for both commercial and residential buildings and service charges relating thereto and any subsequent changes in said tariffs.
The Borough of Bath expressly reserves unto itself the right in the future to impose license or franchise fees upon the operations of community antenna systems.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be ordered to pay a fine of not more than $600 and, in default of payment of fine and costs, imprisoned not more than 30 days.
Each day's violation shall constitute a separate offense.
[Amended 9-11-1989 by Ord. No. 421]
In addition, court costs and reasonable attorney fees incurred by the Borough in enforcement proceedings shall be assessed against violator and awarded to the Borough.
[Added 11-5-2018 by Ord. No. 2018-678]