[Adopted 8-24-1903 (Ch. 71, Art. II of the 1971 Code);
amended in its entirety 7-21-2020]
As used in this article, the following terms shall have the
meanings indicated:
Any utility pole that is structurally compromised due to
weather, a traffic or other incident, and/or age and poses a potential
threat to public safety.
Any old utility pole which is attached or in close proximity
to a new utility pole.
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Any corporation, authority or other entity that provides
electric, telephone, cable television, or other service, including
telecommunications service, to the residents of the City of Middletown.
A column or post used to support service lines for a public
utility.
No person or entity shall hereafter set, locate or erect, or
cause to be set, located or erected, any post, pole or poles for the
purposes of telephone, telegraph, electric light or the transmission
of electricity for any purpose, in any street, avenue, highway or
public place within the City of Middletown, New York, or string any
wires thereon or attach any wires thereto in any such street, avenue,
highway or public place therein, unless written approval shall have
first been obtained from the Commissioner of Public Works of the City
of Middletown.
A.Â
Dangerous poles. When the Commissioner of Public Works determines
that a utility pole on a City street, road or right-of-way is damaged
and poses a potential threat to public safety, he or she shall provide
written notice to any public utility with a plant on the damaged pole
that it must remove its plant from the pole within 15 days. The last
utility to remove its plant from the damaged pole shall be responsible
for removing the pole itself within 60 days of removal of the last
plant.
B.Â
Double poles. When the Commissioner of Public Works determines that
a double pole is on a City street, road or right-of-way, he or she
shall provide written notice to the public utility which has the top
plant on the double pole that the plant must be removed within 30
days. Upon the removal of each plant, the Commissioner shall provide
written notice to the public utility that owns the subsequent plant
on the double pole that the plant must be removed within 30 days.
The last utility to remove its plant from the double pole shall be
responsible for removing the double pole within 60 days of removal
of the last plant.
C.Â
New poles. When the Commissioner of Public Works is notified of the
pending installation of a new utility pole which is directly next
to or in close proximity to another utility pole on a City street,
road or right-of-way, the Commissioner, in his or her discretion,
may provide written notice to the public utility which has the top
plant on the double pole that the plant must be removed within 30
days. Upon the removal of each plant, the Commissioner shall provide
written notice to the public utility that owns the subsequent plant
on the double pole that the plant must be removed within 30 days.
The last utility to remove its plant from the double pole shall be
responsible for removing the double pole within 60 days of removal
of the last plant.
Notwithstanding any provision of this article to the contrary,
the Commissioner of Public Works, in his or her discretion, may extend
the time frame of any written notice provided pursuant to the provisions
of this article or the time frame of any provision contained in this
article.
The provisions of this article shall be deemed to supplement
applicable state and local laws, ordinances, codes and regulations.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the City under any other applicable
laws, ordinances, codes or regulations. In case of conflict between
any provision of this article and any applicable state or local law,
ordinance, code or regulation, the more restrictive or stringent provision
or requirement shall prevail.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then such holding shall in no way affect the validity of the remaining
portions of this article.
Any person, corporation, limited liability company or other
entity who violates any provisions of this article shall, upon conviction
thereof, be subject to a fine of not less than $250 nor more than
$1,000 or by imprisonment for a period not exceeding 15 days, or by
both such fine and imprisonment. Each day that a violation is permitted
to exist shall constitute a separate offense.
