[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No.
2005-06 as §§ 8.09 and 8.15 of the
2005 Code. Amendments noted where applicable.]
The erection and maintenance of telephone or other public utility
poles, posts and wires not in or hereafter to be placed in the public
street rights-of-way or alleys of the City shall be subject to the
following rules and regulations:
A.
City to designate location. The City shall have the right at any
time to designate the location of all such poles and posts and to
direct any alteration in the location of such poles or posts, the
height thereof and the height and manner in which all wires thereon
shall be strung. Any such alteration shall be made at the cost of
the owner or owners of the poles and posts, but before any alteration
is made, at least 10 days' notice in writing shall be given the
president or local officers in charge of the company, or to the persons
affected by the proposed alteration, and reasonable opportunity shall
be afforded such persons or the representatives of such company, or
any citizen interested, to be heard thereon. When any alteration shall
be ordered, such company affected shall, within five days thereafter,
commence the alteration and complete the same as soon as practicable,
and upon failure to do so, the City may perform the work and charge
the cost thereof to the owner of the poles, posts or wires.
B.
Location in streets. Whenever the poles or posts are erected in a
street, they shall be placed in all cases, unless directed otherwise
by the Director of Public Works, on the outer edge of the sidewalk
just inside the curbstone, and on the line dividing the lots one from
another, and in no case shall they be so placed as to inconvenience
the public or the adjoining proprietor or resident, or to disturb
the drainage of the streets or interfere with or damage the trees
or other public or private property on the line of the street or alley
where such poles or posts shall be erected, unless the consent of
the owner of the trees or other property and of the Director of Public
Works shall have been previously obtained.
C.
Resetting when street paved. Whenever the street on which any of
the poles or posts have been set shall be graded or paved, all the
poles or posts shall be reset so as to conform to the street as reconstructed,
and the owner or owners thereof shall immediately put in order and
thereafter maintain those parts of the streets, sidewalks, alleys
or public grounds interfered with or used in the erection of such
poles or posts.
D.
Location of wires. The City reserves the right at any time to order
any or all wires heretofore or hereafter run in the City to be cabled
or placed underground, and to order poles and posts supporting them
to be removed from the highway. Upon failure of the owner thereof
to comply with the order within the time designated therein, the City
may perform the work at the cost of the owner of the poles, posts
or wires.
E.
Future development. Future City development requires the location
of the wires to be underground.
[Added 11-17-2014 by Ord.
No. 2014-05]
[Amended 11-17-2014 by Ord. No. 2014-05]
The City expressly reserves the right to grant the right-of-way
to, in and upon the streets, sidewalks, alleys and public grounds
of the City for the erection, maintenance and use of the necessary
poles or posts and wires to any telephone or electric company or person,
the same not to interfere with the proper use of the rights heretofore
granted.
[Amended 11-17-2014 by Ord. No. 2014-05]
The City also reserves the right to grant to any person, other
than the owner of the telephone or electric poles or posts, the right
to use such pole or posts, provided such use shall be subordinate
to the primary use of the owner or owners thereof, and provided further
that the user shall pay such compensation to the owner or owners of
the poles and posts as the Council shall determine. When there is
a line of poles or posts on any street, the Director of Public Works
shall not grant permission for the erection of an additional line
of poles or posts, if the use by the applicant of the poles or posts
already erected shall be practicable.
No signs, bills, advertisements or notices shall be posted on
any of the poles or posts referred to in this chapter.
The erection or continuance of any poles or posts, or the stringing
of any wires referred to in this chapter, shall be deemed an acceptance
by the person so erecting or continuing such posts or stringing such
wires of all conditions and provisions contained in this chapter,
and the provisions of this chapter, so far as applicable, shall be
deemed to be and shall become a part of all franchises heretofore
or hereafter granted for the erection of any such poles, posts or
wires.
Nothing contained herein shall be so construed as to, in any
manner, affect the right of the City in the future to prescribe any
other mode of conducting such wires over or under its thoroughfares.
The terms and provisions of this chapter shall apply as well
to renewals of or changes in existing lines as to the original construction
of any line of poles, and no lines of poles, posts or wires shall
be erected unless intended for present use.
The provisions of this chapter shall further apply to the regulation
of the installation of all other, but not limited to, utilities, such
as cable television, natural gas, fiber optic telephone cables and
the like.
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
