[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.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 170.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
Any utility pole that is structurally compromised due to
weather, a traffic incident and/or age, and poses a potential threat
to public safety.
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.
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.
A column or post used to support service lines for a public
utility.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
