[Adopted 5-1-2018 by L.L.
No. 3-2018]
This Village Board hereby finds and determines that public utility
companies place poles on Village of Northport streets, roads and rights-of-way
to facilitate the delivery of electric, telephone, cable television
and telecommunications services to the residents of the Village of
Northport. This Board also finds that utility poles are frequently
damaged by traffic accidents and adverse weather conditions and from
time to time simply need to be replaced. This Village Board determines
that public safety can be compromised when utility lines and equipment
remain affixed to weather-damaged and old poles for unreasonably long
periods of time. This Village Board further determines that a utility's
delay in removing lines and equipment also delays the removal of the
poles themselves, which causes a proliferation of aesthetically unpleasant
"double wood" or "double poles" along roadways. This Village Board
also finds that local governments have the authority to regulate their
roads and rights-of-way to protect the public. Therefore, the purpose
of this article is to require utilities that use Village roads, streets
and rights-of way to promptly remove the plants, cables, wires, equipment,
terminals and old and damaged poles and to further require the prompt
removal of double poles.
As used in this article, the following shall have the meanings
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 damaged and/or 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 communication
services.
Any corporation, authority or other entity that provides
electric, telephone, cable television, or other telecommunications
service to the residents of the Village of Northport.
A column or post used to support service lines for a public
utility.
A.
No person, corporation or entity shall place or erect any pole for
any purpose on any Village of Northport street, roadway or right-of-way
or change the location of any existing pole on any Village street,
roadway or right-of-way without first having obtained a permit from
the Village of Northport Building Department.
B.
Application for a permit under this section shall be made upon a
form to be provided by the Village of Northport and upon a payment
of a permit fee of $200.
A.
When the Village of Northport issues a permit for the installation
of a utility pole which is directly next to or in close proximity
to another utility pole on a Village street, road or right-of-way,
the applicant shall have 30 days to remove the damaged or double pole
following the installation of the new utility pole. Failure to do
so may result in penalties as provided for in this article.
B.
When the Village of Northport determines that a utility pole in a
Village road, street or right-of-way is damaged and poses a threat
to public safety, the Village shall notify the public utility with
a plant on the damaged pole that it must remove its plant from the
pole and remove the damaged pole or be subject to a penalty as provided
in this article. A public utility must remove its plant from the damaged
pole, any other plants affixed to the damaged pole, and the damaged
pole itself within 15 days of receiving such notification from the
Village of Northport.
C.
When the Village of Northport determines that a double pole is in
a Village road, street or right-of-way, the Village shall notify the
public utility which has its plant on the double pole that such plant
must be removed within 30 days or be subject to a penalty pursuant
to this article. Upon removal, each subsequent public utility with
a plant on a double pole will have 30 days to remove such plant from
the date it receives notification from the Village of Northport.
D.
After all plants have been removed from the double pole, the public
utility which owns the double pole shall remove said pole within 30
days or be subject to a penalty pursuant to this article. In the event
it cannot be determined who owns the double pole, then in such instance
the last utility to remove its plant is responsible for removing the
double pole within 30 days. This provision shall not nullify or limit
any private agreement between and among public utilities that assign
responsibility for pole removal.
A.
Any person, firm, corporation or public utility convicted of a violation
of the provisions of this article shall be guilty of a violation,
for a first conviction, punishable by a fine not exceeding $500; for
a second or subsequent conviction, punishable by a fine not exceeding
$1,000. Every day that the violation continues shall be deemed a separate
offense.
B.
In addition to the penalties provided above, any person, firm, corporation
or public utility that violates the provisions of this article shall
be subject to a civil penalty not to exceed $500 for each such violation.
Every day that the violation continues shall be deemed a separate
violation.
C.
If a person, firm or corporation or public utility violates the provisions
of this article, the Village of Northport may authorize its Attorney
to commence an action in the name of the Village of Northport in a
court of competent jurisdiction seeking any remedy provided by law
or equity, including any civil and/or injunction proceeding necessary
to enforce compliance and/or enjoin noncompliance with this article.
Such action may seek to remove the damaged poles and/or double poles,
or to remove plants from such poles, the imposition of civil penalties
as authorized by this article, the recovery of costs of the action,
and other remedies as may be necessary to prevent or enjoin a dangerous
condition from existing on a Village street, roadway or right-of-way.
A.
This article shall apply to all utility poles located on any Village
road, street, or right-of-way and to all utility poles installed hereinafter.
B.
The provisions of this article shall be deemed to supplement applicable
state and local laws, ordinances, codes and regulations; and nothing
in this article shall be deemed to abolish, impair, supersede or replace
existing remedies of the Village or existing requirements of any other
applicable state or local laws, ordinances, codes or regulations.
In case of conflict between any provision of this article and any
applicable state or local law, the more-restrictive or more-stringent
provision or requirement shall prevail.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
then such order or judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
article, or its specific application.
This article shall take effect immediately upon filing with
the Secretary of State.
