[HISTORY: Adopted by the Town Board of the Town of Marcellus 7-20-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 200 but was
renumbered to maintain the organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any utility pole or any portion thereof that is structurally
compromised due to weather, a traffic incident, and/or age and poses
a potential threat to public safety.
Any utility pole which is placed in close proximity to another
utility pole.
The transformers, terminals, conductors, utility boxes, wires,
cables, lights, antennae and any other fixture used for the transmission
of utilities and attached or affixed to a utility pole.
Any corporation, authority or other entity that provides
electric, telephone, cable television or other service, including
telecommunications service, to the residents of the Town of Marcellus.
Any street, highway, road or right-of-way so designated on
the latest "Road Map of the Town of Marcellus" issued by the Town
Highway Superintendent, as well as all other Town highways not so
indicated, both existing and proposed.
A.
When the
Town Highway Superintendent, or his or her designee, or the Town Code
Enforcement Officer, or his or her designee, determines that a utility
pole on a Town road is damaged or otherwise poses a potential threat
to public safety, the Town Highway Superintendent shall provide written
notice to the pole owner and any public utility 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.
B.
It shall
be the joint and several obligation of the pole owner and any other
public utility maintaining a plant on the dangerous/damaged utility
pole to repair, replace or remove the dangerous/damaged utility pole
within 15 days or such other reasonable period designated by the Town
Highway Superintendent.
A.
When a
public utility installs a utility pole which is directly next to or
in close proximity to another utility pole on a Town road, 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.
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 30 days after relocation
of all applicable plant(s) to the new pole.
In the event of an emergency that affects the repair, replacement,
removal or installation of utility poles or plants, the Town Highway
Superintendent, Code Officer, or Town Board may temporarily suspend
the deadlines described above.
A.
Any person,
firm, corporation or public utility convicted of a violation of the
provisions of this chapter shall be guilty of a violation as follows:
A first conviction is punishable by a fine not exceeding $500; a second
or subsequent conviction is punishable by a fine not exceeding $1,000.
Every day that the violation continues shall be deemed a separate
violation. Each location of a double utility pole condition or dangerous/damaged
utility pole shall be 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 dangerous/damaged
pole, the dangerous/damaged utility 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 or corporation or public utility violates the provisions of this
chapter, the attorney for the Town may commence an action in the name
of the Town of Marcellus 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 chapter. Such action may seek to remove damaged/dangerous
poles and/or any double utility pole condition and may be commenced
against a third-party plant owner to remove a plant from such poles,
to impose civil penalties as authorized by this chapter, to recover
costs of the action and such other remedies as may be necessary to
prevent or enjoin a dangerous condition from existing on a Town road.
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 Town, 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 Town road 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 maintains a double utility
pole condition as of the date of the adoption 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 this
section shall be enforced in accordance with the provisions of this
chapter.
