[HISTORY: Adopted by the City Council of the City of Scranton 9-26-1979
as Ch. 33, Art. III, of the 1979 Code. Amendments noted where applicable.]
From and after the first Monday of September 1912, no electric light,
electric power, telegraph, telephone or other electric company, or any corporation,
partnership or individual shall erect, maintain, continue, use, operate or
employ, on any street, avenue, court, lane or alley in that portion of the
city within the fire districts, as such districts are prescribed by Council,
except the westerly side of Mifflin Avenue within such districts, any pole
or any overhead wire, overhead cable or device, over or above the surface
of the ground, by, through, over or by means of which electricity is, has
been or may be in any manner 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 such overhead wire, cables, devices and apparatus, except as hereinafter
provided. All such poles and all such overhead wires, cables, devices and
apparatus shall, after such date, be deemed public nuisances, except such
poles and wires as may be necessary for the purpose of reaching the place
of business, manufacturer and residence at the terminals of underground wires.
All electric light, electric power, telegraph and telephone companies and all other corporations, companies or individuals who are, at the date of the approval of Ord. No. 14, 1909, by the Mayor, engaged in the business of furnishing electric light, electric power, telephone or other electric service within the city and have used for that purpose poles, overhead wires, cables, devices and apparatus above and over the surface of the ground shall have and are hereby declared to possess the right and power to enter upon, over and under and use and occupy any of the streets, lanes, alleys or highways, or parts thereof, within the fire districts of the city, for the purpose of making and constructing the necessary conduits and subways and laying, placing and constructing therein the wires, cables, tubes and other apparatus and the right to erect such terminal poles as may be necessary to complete an underground and distributing system, by, through, over and by means of which electricity may be transmitted, conducted or conveyed for the purpose of electric light, electric power, telegraph and telephone service, under and subject to the following regulations: Every such corporation, copartnership, company or individual before entering upon any of the streets, lanes, alleys or highways, for the purpose of constructing thereunder any conduits, subways, apparatus, devices or means for transmitting, conducting or conveying electricity shall file in the office of the Department of Public Works a full plan, showing the location, size and details of such proposed conduits and subways and all such plans shall be subject to the approval of the Director of the Department of Public Works. No corporation, copartnership, company or individual shall enter upon any of the streets, lanes, alleys or highways or occupy or do any work upon the same, until the plans have first been approved, in writing, by the Director of the Department of Public Works, or as may be directed by Council in accordance with the provisions of § 349-6.
All wires, cables, conduits, tubes, subways or other parts of any underground
system constructed by any such corporation, copartnership, company or individual
under the surface of any street, lane, alley or highway shall be placed not
less than three (3) feet beneath the surface of such street, lane, alley or
highway, and as near to the curbline as practicable. In no event and under
no circumstances shall more than two (2) squares of any street, lane, alley
or highway be opened or the pavement thereof disturbed, at any time, for the
construction or repair of any underground system. Amy corporation, copartnership,
company or individual who shall remove, take up, displace or disturb the pavement
of any street, lane, alley or highway shall promptly replace or renew such
portion in first-class order and condition, under the supervision and direction
of and subject to the control and approval of the Director of the Department
of Public Works. However, the provisions of this section shall not apply to
branch lines laid to houses and terminal poles. Such lines, so far as depth
and location are concerned, shall be subject to the approval of the Director
of the Department of Public Works.
The city shall, at all times, have the right and power to place within
any such underground system, and use and operate therein, all the wires, cables,
devices and apparatus necessary to or used by the city fire alarm, police
or call systems and to place, replace, alter, repair, replenish and maintain
the same.
The entire system used and all the devices, means, appliances and apparatus,
and every part thereof, of any such corporation, copartnership, company or
individual, so far as the same, in the judgment of the Director of the Department
of Public Safety, 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 and control of the Director
of the Department of Public Safety.
In case any such corporation, copartnership, company or individual fails
to secure an approval of any of its plans or devices, in any respect as hereinbefore
provided, it shall thereupon have the right to make application to Council
for such approval and Council may, by concurrent resolution or otherwise,
make or grant such approval.
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 such wires are to be used.
