[Adopted as Art. 905 of the 1965 Codified
Ordinances]
[Amended 2-16-1956 by Ord. No. 1486]
From and after the first Monday of September
1915, it shall be unlawful for any electric light, electric power,
telegraph, telephone or other electric companies, or any corporation,
partnership or individual, to erect, maintain, continue, use, operate
or employ on any street, court, avenue, lane or alley, in that portion
of the City bounded on the north by the Bushkill Creek, on the east
by the Delaware River and Lehigh River, on the south by the C.R.R.
of N.J. right-of-way, and on the west by the center line of Seventh
Street, any pole or any overhead wire, overhead cable or device or
apparatus above the surface of the ground, by, through, over or by
means of which electricity is, has been or may be in any way transmitted,
conducted or conveyed for the purpose of electric light, electric
power, telegraph, telephone or other electric service, or keep, continue,
maintain, use, operate or employ any such pole or any overhead wire,
cables, devices and apparatus, as aforesaid, shall at and after such
date be deemed and become a public nuisance, except the use of existing
poles in such restricted area for the attachment thereto of cables
and wires as may be necessary for use in community antenna transmission
of television pictures and sound. However, the amount of electrical
current or power contained in such cables and wires shall not be in
excess of five volts, and except such poles and wires as may be necessary
for the purposes of reaching places of business, factories and residences
at the terminals of underground wires.
[Amended 8-2-1912 by Ord. No. 1672]
Each and every pole, overhead wire, cable, device
and apparatus, as aforesaid, except poles and wires used for terminal
purposes in connection with underground wires in such portion of the
City owned, controlled, operated, employed or used by any and all
light, power, telegraph, telephone or other electric companies, or
by any corporation, copartnership or individual for any of the aforesaid
purposes, shall be taken down and removed before the first Monday
in September 1915 by and at the cost and expense of the company, corporation
or individual so owning, controlling, operating, employing or using
the same.
[Amended 8-2-1912 by Ord. No. 1672]
A.
The City
shall at all times have the right and power to place within any underground
system, and use and operate therein, all the wires, cables, devices
and apparatus necessary to or used by the City for fire alarm, streetlighting,
police or call system purposes, and to place, replace, alter, repair,
replenish and maintain the same in conduits carrying wires of like
tension. Every such corporation, company, copartnership or individual
making and constructing conduits or subways under the provisions of
this article shall reserve therein space for the purposes aforesaid
in an amount equal to 25% for the accommodation of wires, cables,
devices and apparatus necessary for the use of the City as herein
set forth.
B.
Any person,
utility or company desirous of installing a pole within a public right-of-way
shall first apply for a permit for installation at the Bureau of Engineering.
The applicant shall pay the appropriate application fee and shall
provide the proposed location, depth, height, material and size of
the pole. The applicant shall also show all nearby underground utilities
and facilities and surface objects such as guide rail, walls, trees,
signs, buildings, balconies, wires, other poles, etc. The Office of
the City Engineer reserves the right to deny the installation. If
the application is approved, the applicant shall pay the permit fee.
The applicant shall notify the Bureau of Engineering at least 24 hours
prior to installation.
[Added 4-27-2011 by Ord. No. 5308]
[Amended 8-2-1912 by Ord. No. 1672]
The entire system used and all the devices,
means, appliances and apparatus and every part thereof, so far as
the same may relate to or in any way affect or endanger or tend to
affect or endanger the safety of the public, or the police or fire
apparatus or the lines of the City, shall at all times be open to
the inspection and be under the supervision and subject to the approval
of the Department of Public Works.
[Amended 2-16-1956 by Ord. No. 1486]
Poles used for terminal purposes and the wires
thereon shall not be connected with any other pole or terminal pole,
but all wires on such terminal poles shall be connected with the place
of business, manufacture or residence for which the wires are to be
used. Where poles are already erected and carry overhead wires and
cables of utility companies, such use may be lawfully extended to
include the wires and cables necessary for community antenna purposes.
[Amended 2-16-1956 by Ord. No. 1486]
No wires, equipment or cables may be placed upon existing poles under the provisions of § 515-28 for the purpose of providing community antenna service, unless a map or plan showing the location is first approved by the Director of Public Works and the City Engineer. Reasonable conditions to protect the public interest with respect to the erection, maintenance, use and removal of such wires, equipment and cables shall be imposed by regulation duly adopted by Council.
[Amended 6-11-1975 by Ord. No. 2296]
From and after April 23, 1975, the date of a
Council resolution establishing new right-of-way lines for South Third
Street, Smith Avenue and St. John Street, it shall be unlawful for
any electric light, electric power, telegraph, telephone or other
electric company, or any corporation, partnership or individual, to
erect or install overhead or above the surface of the ground within
or along the boundaries of the new right-of-way lines of the aforesaid
streets, any pole, wire, cable, apparatus or device by, through, over
or by means of which electricity is or may be in any way transmitted,
conducted or conveyed for the purpose of electric light, electric
heat, electric power, telegraph, telephone, community antenna transmission
services or any such similar uses.
[Amended 10-22-1964 by Ord. No. 1842]
Any person violating any of the provisions of
this article, upon conviction, shall be fined not more than $300 and,
in default of payment of fine and costs, imprisoned not more than
90 days.
