[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 5-28-1900 by Ord. No. 55, approved 5-31-1900. Amendments noted where applicable.]
From and after the passage of this chapter, it shall not be
lawful for any telegraph, telephone or electric light company, firm
or individual to erect or cause to be erected any pole or poles in
any public street, lane or alley within the limits of the Borough
of Eddystone other than such as shall be allowed by Council for lighting
the public streets, unless the company, firm or individual seeking
to erect said pole or poles shall first make application to Council
for permission to erect the same.
It shall be the duty of said company, firm or individual to
submit to Council with said application a written statement specifying
the number and location of said poles, and if permission shall be
granted by Council to erect said poles, said company, firm or individual
shall cause said poles to be erected either in accordance with said
statement or subject to such conditions and modifications as Council
may direct, provided that, before said permission shall be granted,
said company, firm or individual shall first pay to the Borough Treasurer
the sum of $1 for each pole for the erection of which application
may be made, and no pole shall be newly erected until such payment
therefor shall have been made.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
If any company, firm or individual shall erect any pole or poles
in violation of the above, said company, firm or individual shall
forfeit and pay to the Borough a penalty of $20 per pole for every
10 days said pole or poles are allowed to remain.
In all cases where poles have heretofore been erected and whenever,
in pursuance of this chapter, any poles may hereafter be erected in
any of the streets, lanes or alleys of the Borough, it shall be the
duty of such company, firm or individual owning such poles to submit
to Council on or before the first day of June in each and every year
after the passage of this chapter a sworn statement of the number
and location of the poles so erected and to pay to the Borough Treasurer
the sum of $1 for each pole erected by it thereupon. The Borough Treasurer
shall issue a permit for each pole so paid for as aforesaid, which
permit shall entitle said company, firm or individual to maintain
said pole, subject to the provisions of this chapter, for the term
of one year from the time of such permission and no longer.
[Amended 2-17-1975 by Ord. No. 438; 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No. 482, approved 5-9-1983]
It shall be the duty of the Council at least once a year to
cause a thorough inspection of all telegraph, telephone and electric
light poles erected within the limits of the Borough. If any pole
shall be found to be defective, unsuitable or unsound, the Council
shall notify the owner or owners of said pole to forthwith replace
the same with a sound pole; and, if such owner or owners shall neglect
to replace such defective, unsuitable or unsound pole within 48 hours
after receiving such notice, said owner or owners shall be liable
to a penalty of $10 for each and every day during which said neglect
or refusal shall continue.
[Amended 4-11-1977 by Ord. No. 448, approved 4-11-1977; 5-9-1983 by Ord. No.
482, approved 5-9-1983]
All telegraph, telephone and electric light poles now or hereafter
erected in the Borough shall be designated by the name or initial
of the owner or owners of said poles, and each of said poles shall
bear a distinctive number, which names, initials and numbers shall
be legibly marked with oil paint upon the poles. Said poles shall
also be painted with dark green paint for the distance of at least
10 feet from the base thereof, and said paint shall be renewed whenever,
in the opinion of Council, it may be necessary. Upon the neglect or
refusal of any owner or owners to so mark and paint said poles within
10 days after notice so to do, said owner or owners shall forfeit
and pay to the Borough a penalty of $2 per pole.
The permission of Council referred to in § 226-2 of this chapter may be exercised by a majority vote at any meeting, and such permission thus exercised shall authorize the erection of any pole or poles as fully as if an ordinance to that effect had been duly enacted.
All penalties prescribed in this chapter shall be collected
by suit according to law.
