A.
No person shall hereinafter erect, construct, put up, or maintain
any pole, wire(s), terminal, underground conduits and cables, structures,
or other electrical appurtenances for television, telephonic, telegraphic,
electric power or electric lighting, or any water or gas lines, along,
across, under or over any public road, sidewalk, or City property
without a license having first been obtained from the City consistent
with RSA 231:159 to 231:189, or successor statute, and no such license
shall be granted except upon written application to the City Clerk
stating for what purpose or purposes said pole or wire(s) is to be
used. Any person granted such license shall not permit other persons
to attach wires to such licensed poles unless such other persons also
obtain a license from the City pursuant to this section. All licenses
issued under this section shall forever thereafter be subject to such
alterations and requirements as the City may from time to time impose,
and be further subject to revocation when, in the judgment of the
City, the public interests will be best served thereby, and all poles,
wires, terminal or other electrical appliances now in use shall be
subject to the same conditions.
B.
Authority to issue the license under this section is delegated to
the City Manager pursuant to RSA 231:161, I(b).
C.
The Director is authorized to establish and publish rules, regulations
and procedures related to the standards for installation pursuant
to licenses issued under this section. These rules, regulations and
procedures shall be subject to the review and approval by the City
Manager, and a copy shall be filed with the City Clerk.
D.
Within six months of the completion of the installation pursuant
to licenses issued under this section, the licensee shall provide
the Director with electronic copies of the as-built plans, compatible
with the City's GIS system, for all of the items placed/installed
within the public road, sidewalk, or City property pursuant to the
license granted. Failure to provide such plans within six months of
placement/installation shall be cause to revoke the license.
All construction work performed pursuant to a license granted under § 125-22 shall be thoroughly performed in accordance with all applicable codes, and all kinds of material used shall be of the best quality obtainable and subject to the approval of the Director. The poles shall be sound, smooth, and straight, firmly set in the ground, and of such height and erected at such points and in such a manner and the wires secured with such insulators, or other fixtures or fastenings, as shall preclude all danger from fire or other injury to persons or property; all poles from which are suspended a wire or wires carrying more than 500 volts shall be plainly so marked. All pavements removed in the erection or removal of poles shall be properly replaced, and all removal of each for the same purpose shall be properly restored and the street left in a condition which shall fully satisfy the Director.
No person shall use said poles for which a license has been granted pursuant to § 125-22 for the posting of bills or other advertising purposes or any other purpose except that for which the license was granted.
No person to whom a license has been granted pursuant to § 125-22 shall attach any electric wires, insulator, or any device for the holding of any wire to any tree growing or planted upon any public road, sidewalk, or City property without a written permit of the Community Services Department.
Every person or corporation having any wire or wires running through a public road, sidewalk, or City property pursuant to a license issued pursuant to § 125-22 shall securely fasten such wire or wires to such pole(s) so that they shall not come loose and come into contact with any person.
Whenever in the event of a fire it may be deemed necessary by the officers of the Fire and Rescue Department to cut, break, pull down, or remove any of said wires installed pursuant to a license issued pursuant to § 125-22, in order to extinguish or prevent the spread of a fire, or protect the safety of persons or property, such action may be taken without any liability therefor on their part or the part of the City, and such wires so damaged or destroyed shall be repaired and restored by the owners thereof, at their expense, without expense or cost to the City.
Whenever any wires, conduits, or poles, installed pursuant to a license issued pursuant to § 125-22, now in use or hereafter constructed shall pass out of use or become useless or "dead wires," so-called, the owners thereof shall within 60 days take down and remove the same, together with all the other fixtures belonging to said wires, conduits, or poles, and in case of any refusal or neglect to comply with this provision, the City may forthwith revoke the license by which such wires, conduits, or poles were installed.
A.
The City shall have the right, but not the obligation, to examine and inspect all wires, poles, conduits, and all fixtures and appliances pertaining thereto, erected upon, over, under, or along any public road, sidewalk, or City property pursuant to a license issued pursuant to § 125-22, and the City shall have full power and authority to order any and all needed repairs of such wires, poles, conduits, and other fixtures, and to further require of the owners of such wires, poles, conduits, or other fixtures to use safety and protective devices in accordance with generally accepted standards of construction for the protection of property and the general public.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
B.
The City
shall also have the right, but not the obligation, from time to time,
to make such inspections as may be reasonably necessary in its discretion
to ascertain that said poles, wires, conduits, and other fixtures
and appliances are in a safe and suitable condition, and in cases
of defective or dangerous wires, poles, conduits, and other fixtures,
it shall be authorized to take such immediate action with reference
thereto as may be necessary for the public safety.
C.
The City
may also require the use of guard wires wherever needed, and all construction
of additional poles and wires provided for under this section shall
be under the City's supervision and direction.
D.
Nothing
in this section shall be construed as exempting the owners of said
wires from frequent and careful inspection of the same by their own
agents. Any inspection by a municipal officer is in addition to such
inspections and is intended as supplemental to the owners' required
inspection.
At any time when the owners of wires, poles, or fixtures installed pursuant to a license issued pursuant to § 125-22 shall neglect to repair and keep them in a safe condition to the satisfaction of the City, upon 15 days' notice to said owners, or any agent, and a hearing if requested, the City may order the removal forthwith of said wires, poles and fixtures, and any license previously obtained shall thereby be revoked.
All corporations, firms, and individuals owning or having the care or control of structures erected in or on a public road, sidewalk, or City property pursuant to a license issued pursuant to § 125-22 shall cause the same to be numbered in numerical order, with the initials of the corporation, firm or individual owning or having care or control of said structure.
