Village of Port Washington North, Local Law 2 of 2018, filed with Dept. of State on 3/6/2018.
Local Law 2-2018
UTILITY POLES ON VILLAGE RIGHTS-OF-WAY 158-12 Legislative Intent.
This Village Board hereby finds and determines that public utility companies place poles on Village of Port Washington North 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 Port Washington North. This Board also finds that utility poles are frequently damaged by traffic accidents, 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 itself, 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 local law 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.
Section 158-13 Definitions.
As used in this chapter, the following shall have the meanings indicated:
Dangerous/Damaged Pole-any utility pole that is structurally compromised due to weather, a traffic incident, and/or age, and poses a potential threat to public safety.
Double Pole- Any damaged and/or old utility pole which is attached or in close proximity to a new utility pole.
Plant- The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other communication services.
Public Utility-Any corporation, authority or other entity that provides electric, telephone, cable television, or other telecommunications service to the residents of the Village of Port Washington North.
Utility Pole-A column or post used to support service lines for a public utility. Section 158-14 Permit requirements.
A. No person, corporation or entity shall place or erect any pole for any purpose on any
Village of Port Washington North 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 Port Washington North Building Department.
B. Application for a permit under this section shall be made upon a form to be provided
by the Village of Port Washington North and upon a payment of a permit fee of $200.00.
Section 158-15 Notification and Time Frame for removal.
A. When the Village of Port Washington North 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 the Chapter.
B. When the Village of Port Washington North 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 Port Washington North.
C. When the Village of Port Washington North 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 plant on a double pole will have 30 days to remove such plant from the date it receives notification from the Village of Port Washington North.
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.
Section 158-16 Penalties for Offenses
A. Any person, firm, corporation or public utility convicted of a violation of the
provisions of this chapter shall be guilty of a violation, for a first conviction, punishable by a fine not exceeding $500.00; for a second or subsequent conviction, punishable by a fine not exceeding $1000.00. 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 chapter shall be subject to a civil penalty not to exceed $500.00 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
chapter, the Village of Port Washington North may authorize its attorney to commence an action in the name of the Village of Port Washington North 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 the damaged poles and or double poles, or to remove plants from such poles, the imposition of civil penalties is authorized by this chapter, 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.
Section 158-17 Applicability
A. This chapter 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 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 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 chapter and any applicable state or local law the more restrictive or stringent provision or requirement shall prevail.
Section 158-18 Severability
If any clause, sentence, paragraph, subdivision, section or part of this chapter 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 chapter, or its specific application.
Section 158-19 Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
PW #150263
1x 2/1/2019 #150263
