[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 8-3-2010 by L.L. No. 46-2010 (Ch. 465A of the 1985
Code)]
This Legislature hereby finds and determines that public utility
companies place poles in County road rights-of-way to facilitate the
delivery of electric, telephone and cable television services to the
residents of Suffolk County. This Legislature also finds that utility
poles are frequently damaged by traffic accidents and adverse weather
conditions. This Legislature determines that public safety can be
compromised when utility lines and equipment remain affixed to damaged
poles for unreasonably long periods of time. This Legislature further
determines that a utility's delay in removing lines and equipment
also delays the removal of the pole itself, which causes a proliferation
of aesthetically unpleasant "double woods" along roadways. This Legislature
also finds and determines 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 utilize County
road rights-of-way to remove their lines and equipment from damaged
poles in a timely manner in order to enhance public safety and the
aesthetic appearance of roadways in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Suffolk County Department of Public
Works.
[Added 9-13-2012 by L.L.
No. 56-2012]
The Suffolk County Department of Public Works.
Any damaged utility pole or old utility pole from which the
plant has been removed, in whole or in part, which is attached or
in close proximity to a new utility pole.
[Added 9-13-2012 by L.L.
No. 56-2012]
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 telecommunications
service to the residents of the County of Suffolk.
A writing directed to a representative of a public utility,
who may be designated by the utility, by regular mail, fax transmission
or electronic mail.
[Added 9-13-2012 by L.L.
No. 56-2012]
[Amended 9-13-2012 by L.L. No. 56-2012]
A.Â
When the
Department, or its duly authorized agent, determines that a utility
pole in a County road right-of-way is damaged and poses a potential
threat to public safety, the Department, or its duly authorized agent,
shall notify any public utility with a plant on the damaged pole that
it must remove its plant from the pole or be subject to a penalty.
A public utility must remove its plant from the damaged pole within
15 days of receiving such notification from the Department or its
duly authorized agent.
B.Â
When the
Department, or its duly authorized agent, determines that a double
pole is in a County road right-of-way, the Department or its duly
authorized agent will notify the public utility which has the top
plant on the double pole that the plant must be removed within 60
days or be subject to penalty. Upon removal of the top plant, each
subsequent public utility with plant on a double pole will have 60
days to remove such plant from the date it receives notification from
the Department or its duly authorized agent.
C.Â
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 after
receiving notification from the Department or its duly authorized
agent. This provision shall not nullify or limit any private agreement
between and among public utilities that assign responsibility for
pole removal.
[Added 9-13-2012 by L.L.
No. 56-2012]
The Suffolk County Department of Public Works shall include
in all permits for the installation of utility poles on County roadways
the following provision: "The permittee shall have 30 days to remove
a double pole following removal of all plants from the pole. Failure
to do so may result in penalties as provided by law."
[Amended 9-13-2012 by L.L. No. 56-2012]
A.Â
Any public utility that fails to remove its plant from a damaged pole within 15 days of receiving notification from the Department pursuant to § 808-3A shall be subject to a civil penalty not to exceed $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
B.Â
Any public utility that fails to remove its plant from a double pole within 60 days of receiving notification from the Department or its duly authorized agent pursuant to § 808-3B shall be subject to a civil penalty of $1,000 per full calendar month that the violation continues.
C.Â
Any public utility that fails to remove a double pole pursuant to the requirements of § 808-3C shall be subject to a civil penalty of $1,000 per month per full calendar month that the violation continues.
D.Â
If a public
utility violates the provisions of this article, the County Attorney,
upon the request of the Department, may commence an action in the
name of the County in a court of competent jurisdiction for necessary
relief, which may include the imposition of civil penalties as authorized
by this article, an order to remove the plant from a damaged utility
pole and/or to remove damaged pole or double pole, the recovery of
costs of the action and such other remedies as may be necessary to
prevent or enjoin a dangerous condition from existing in a County
road right-of-way.
E.Â
The Commissioner
may reduce or waive the penalties set forth in this section if a public
utility demonstrates that its failure to comply with the provisions
of this article is due to an Act of God or other circumstances beyond
the control of the public utility.
[Added 9-13-2012 by L.L.
No. 56-2012]
The Department of Public Works or its duly authorized agent
shall, for informational purposes, provide notice to the owner of
a damaged or double pole when notification is given to a public utility
that its plant must be removed from the pole.
[Adopted 12-17-2019 by L.L. No. 10-2020]
A.Â
This Legislature hereby finds and determines that County government
strives to protect the health, safety, and welfare of individuals
who live and work in Suffolk County. This Legislature also finds and
determines that construction and public works projects frequently
require that utility mains be located underground and marked for the
safety of on-site workers and the public. This Legislature further
finds and determines that many workers providing utility location
services work long shifts, including overtime, to finish their projects.
This Legislature finds that because many workers providing utility
location services frequently work overtime, their subsequent shifts
may sometimes be as little as two hours later, leaving little to no
time for rest. This Legislature determines that sleep deprivation
can cause workers to become disoriented and ill, which affects the
safety and welfare of the workers and could contribute to dangerous
errors in marking utilities which may affect other construction workers
and the public. This Legislature further finds that workers performing
utility location services are performing a necessary function that
affects the health, safety, and welfare of County residents and should
be provided with breaks long enough for food and rest. This Legislature
also determines that a minimum rest period of eight hours prior to
the start of a regular shift is adequate for workers performing utility
location services. This Legislature further determines that to ensure
that the County is protecting the safety of utility location workers
and the public, businesses providing this service should ensure that
workers receive eight hours of rest prior to the start of a regular
shift.
B.Â
Therefore, the purpose of this article is to require that all workers
providing utility location services be provided with eight hours of
rest prior to the start of a regular shift.
As used in this article, the following terms shall have the
meanings indicated:
A time period where an employee or contractor is not scheduled
to take part in or complete any type of work.
The period of consecutive hours starting when a utility safety
employer requires a utility safety employee to report to a work location
and ending when the utility safety employee is free to leave a work
location. Breaks totaling two hours or less are not an interruption
of consecutive hours, provided that such breaks do not include time
when the utility safety employee's work location is closed. The
term "regular shift" does not include the hours worked by a utility
safety employee who is called into work after a regular shift.
Pipelines, conduits, ducts, cables, wires, manholes, vaults,
or other such facilities or their attachments, that have been installed
underground to provide service on materials, including electricity,
gas, water, stream liquid, petroleum products, telephone communications,
cable television, sewage removal, or traffic control.
The process of locating and marking public utility mains
that are underground.
Any person who is employed within the County and who performs
work on a full-time or part-time basis, and whose job duties include
locating and marking underground utility facilities. The term "utility
safety employee" does not include any person who is employed by (i)
the United States Government; (ii) the State of New York, including
any office, department, independent agency, authority, institution,
association, society, or other body of the state, including the Legislature
and judiciary.
Any person or entity that employs a utility safety employee.
The term, "utility safety employer" does not include (i) the United
States Government; (ii) the State of New York, including any office,
department, independent agency, authority, institution, association,
society, or other body of the state, including the Legislature and
judiciary.
A.Â
Any utility safety employer shall provide utility safety employees
who engage in utility location with at least eight hours of consecutive
rest prior to a regular shift.
B.Â
A utility safety employee required to work in excess of his or her
regular shift shall not be penalized by a utility safety employer
when the mandated eight-hour break interferes with attending his or
her next regular shift.
This article shall not apply to any utility safety employee
covered by a collective bargaining agreement if (i) such provisions
are expressly waived in the collective bargaining agreement and (ii)
the agreement addresses employee scheduling.
A.Â
This article shall be enforced by the Suffolk County Department of
Labor, Licensing, and Consumer Affairs ("the Department").
B.Â
Any person, including any utility safety employer or employee, alleging
a violation of this article may file a complaint with the Department
within one year of the date of the alleged violation. Upon receiving
a complaint, the Department shall investigate it. The Department may
open an investigation on its own initiative.
The Commissioner of the Suffolk County Department of Labor,
Licensing, and Consumer Affairs is hereby authorized, empowered, and
directed to promulgate such rules and regulations as he or she deems
necessary to implement this article.
A.Â
Any utility safety employer found in violation of any portion of
this article shall be subject to a civil penalty. The penalty shall
be $500 for an initial violation, $750 for a second violation within
a two-year period, and $1,000 for each successive violation within
a two-year period. Each instance involving an individual utility safety
employee shall constitute a separate and distinct offense.
B.Â
A civil penalty shall only be assessed by the Commissioner of the
Department following a duly noticed hearing and opportunity to be
heard.
This article shall apply to all actions occurring on or after
the effective date of this article.
