[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[1].
[1]
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:
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 Borough of Bath,
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 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.
A.
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.
B.
Each day's violation shall constitute a separate offense.
[Amended 9-11-1989 by Ord. No. 421]
C.
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]
