[Ord. 954, 9/17/1963, § 1]
In this Part, word "person" shall mean and include any natural
person, partnership, firm or corporation. The singular shall include
the plural and the plural the singular, and the masculine shall include
the feminine and the neuter.
[Ord. 954, 9/17/1963, § 3; as amended by Ord. 1015,
3/8/1966, § 1; by Ord. 1122, 6/9/1970, § 1; and
by A.O.]
No person shall erect any such pole upon or along any of the
streets or public alleys or in any of the public grounds in the Borough
of Phoenixville without first making application to the Borough Manager
stating upon such application the number of such poles proposed to
be located and the location of each, and without receiving a license
from the Borough of Phoenixville to erect and maintain such pole.
No such license shall be issued unless the location and character
of the pole shall be approved by the
Borough Manager, and the license fee shall be in an amount as established
by resolution, from time to time, by the Borough Council, which shall
be for the use of the Borough of Phoenixville to cover or partially
cover the expenses of administering this Part and inspecting such
poles shall have first been paid. All such licenses shall expire annually
on the first day of April. In cases where the Borough Manager shall
refuse to grant a license because of objections to the proposed location
or to the character or type of any pole, the applicant may appeal
to the Borough Council, which may uphold the decision of the Borough
Manager, or which may direct that the license be issued, either in
accordance with the application or with such conditions or modifications
as are necessary to secure the safety and convenience of the public.
[Ord. 954, 9/17/1963, § 4; as amended by Ord. 1122,
6/9/1979, § 2; and by A.O.]
No person shall continue to maintain any such pole, heretofore
or hereafter erected upon or along any of the streets or alleys or
in any public grounds in the Borough, unless the license fee, in an
amount as established by resolution, from time to time, by the Borough
Council is paid annually on or before the first day of April. If any
such license fee shall not be paid when due, a penalty of $0.10 shall
be added for each pole upon which the license fee shall not have been
paid. Such license fees and penalties shall be collected by the Borough
as debts of like amount are collectible.
[8/19/1947, § 1]
On and after the 1st day of April, 1948, no public utility poles,
except those used for ornamental street lighting purposes, shall be
erected or maintained on Bridge Street, between the west side of Starr
Street, and the east side of Prospect Street, in the said Borough
of Phoenixville; any corporation, firm or individual which is now
enjoying the privilege of having and maintaining poles within the
aforesaid designated area shall remove the same on or before the last
day of April, 1948, and shall properly fill in any and all holes caused
by the removal of said poles and shall surface the sidewalk of said
pavement with the same material as the remainder of the sidewalk originally
surrounding said poles.
[8/19/1947, § 2; as amended by Ord. 1240, 8/10/1976,
§ 1; by Ord. 1607, 11/14/1989, § 2; and by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
that a violation of this Part continues shall constitute a separate
offense.
