[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 2-20-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 170.
The Board of Trustees of the Village of Monroe finds and determines that public utility companies place poles on the Village of Monroe highways, streets, roads and rights-of-way to facilitate the delivery of electric, telephone, cablevision and other telecommunications services to the residents of the Village of Monroe.
The Board of Trustees of the Village of Monroe finds and determines that local governments have the authority to regulate their highways, streets, roads and rights-of-way to protect the public.
The Board of Trustees of the Village of Monroe finds and determines that utility poles may be damaged from time to time and that public safety can be compromised when utility lines and equipment remain affixed to damaged or weathered utility poles.
The Board of Trustees of the Village of Monroe finds and determines that when a new utility 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 Board of Trustees of the Village of Monroe finds and determines that the interest of the public is best served by cooperation and communication between public utilities and the Board of Trustees of the Village of Monroe.
Therefore, the purpose of this chapter is to require utilities that use the Village of Monroe 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 from said poles.
The Board of Trustees of the Village of Monroe deems the enactment of this chapter to be an exercise of the police power of the Village of Monroe 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.
The Board of Trustees of the Village of Monroe deems the enactment of this chapter to be an exercise of the police power of the Village of Monroe for the preservation and protection of public safety. This chapter is enacted pursuant to the authority contained in the Highway Law, Village Law and Municipal Home Rule Law of the State of New York.
As used in this chapter, the following terms shall have the meanings herein 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.
- The cables, 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 Monroe.
- 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, who may be designated by the utility to receive such notice, sent by regular mail, facsimile transmission or electronic mail.
No person, firm, corporation or public utility subject to the jurisdiction and regulation of the New York State Public Service Commission (PSC) shall place or erect any pole for any purpose on any Village highway, street, road or right-of-way of said Village, or change the location of any existing pole on any Village highway, street, road or right-of-way of said Village, without first having provided written notification to the Village through the PSC required accepted electronic notification system being utilized by said utilities.
When the Village Highway Superintendent determines that a utility pole on a Village highway, street, road or right-of-way is damaged or otherwise poses a potential threat to public safety, the Village Highway Superintendent shall provide written notice to the public utilities with a plant on the damaged pole that the pole must be repaired, replaced or removed within 15 days or such shorter reasonable time period as may be necessary to protect the public safety.
When a public utility installs a utility pole which is directly next to or in close proximity to another utility pole on a Village highway, street, road or right-of-way, the public utility shall, within 30 days of installation of the new pole, provide written notice to all other public utilities maintaining a plant on the existing pole that a new pole has been installed and that the plant on the existing pole must be relocated to the new pole within 90 days of the date of the notice. A copy of such written notice shall be simultaneously transmitted to the Village Highway Superintendent.
It shall be the joint and several obligation of the public utility installing the new pole and any other public utility maintaining a plant on the existing pole to remove the existing pole within 120 days after installation of the new pole.
Notwithstanding any provision of this chapter to the contrary, the Board of Trustees may extend the time frame of any action 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 Board of Trustees prior to the expiration of the time frame contained in the original written notice, together with the basis for the request. The Village Board of Trustees shall determine whether the request for an extension should be granted or denied, and provide a written response to the public utility.
Notwithstanding anything to the contrary contained in this chapter, there shall be an automatic temporary emergency suspension of the provisions of this chapter in the event of a declaration of emergency by any local, county, state or national authority having jurisdiction over the Village. The provisions of this chapter shall become automatically reactivated 30 days after the cessation of the declaration of emergency by such local, county, state or national authority.
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 $1,000; for a second subsequent conviction, punishable by a fine not exceeding $2,000. Every day that the violation existed shall be deemed a separate violation.
Any person, firm, corporation or public utility found guilty of violating this chapter and that fails to remove its plant from a damaged pole, the damaged pole and/or the double utility pole within 15 days from receipt of the order of the court shall be punished by a penalty of up to $1,000 for each such violation. Each day that the violation continues shall be a separate violation.
If a person, firm, corporation or public utility violates the provisions of this chapter, the Village Attorney may commence an action in the name of the Village in a court of competent jurisdiction seeking any remedy provided by law or equity, including any civil and/or injunctive proceeding necessary to enforce 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-way.
The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes 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, 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.
This chapter shall apply to all utility poles located on any Village highway, street, road or right-of-way as of the enactment of this chapter and to all utility poles installed after the enactment of this chapter.
Any person, firm, corporation or public utility which is subject to the provisions of this chapter shall fully comply with the regulations set forth herein within 30 days of enactment of this chapter. Any failure to timely comply with the provisions of this chapter will result in the issuance of a notice of violation by the Code Enforcement Officer or Village Highway Superintendent, which shall be remedied within 60 days, subject to the enforcement of the provisions of this chapter.