[Adopted 2-2-1948 by Ord.
No. 16]
It shall not be lawful for any telegraph, telephone or electric light
company, firm, or individual to erect or cause to be erected any poles, or
pole lines and conduits, over, in, upon or under any public roads, street
or highway within the limits of the Borough of Chester Heights, unless the
company, firm or individual seeking to erect said pole, or poles, pole line,
or pole lines and conduits shall first submit a plan or plans showing the
location, number and size thereof to the Borough Council for its approval.
Upon approving said plan Borough Council shall issue a permit to the applicant
to erect a pole or poles, pole line or pole lines and conduits, in accordance
with said plan; provided, however, that before said permit shall be issued
said company, firm or individual shall pay to the Borough the sum of $0.50
for each pole, and $3 for each mile or fraction thereof of conduits, for the
erection and construction of which application has been made, and no pole
or poles, pole line or pole lines and conduits shall be erected or constructed
until such payments shall have been made.
In all cases where poles, pole lines and conduits have heretofore been
erected and whenever in pursuance of this article any poles, pole lines or
conduits are hereafter over in, upon or under any public road, street or highway
within the limits of the Borough of Chester Heights, it shall be the duty
of such company, firm or individual owning or leasing such poles, pole lines
and conduits to submit to Borough Council on or before the first day of June
in each and every year hereafter a statement of the number and location of
poles, pole lines and conduits so erected and to pay to the Borough the sum
of $0.50 for each pole, and $3 for each mile or fraction thereof of conduits
and thereupon the Borough Council shall issue a permit for the poles, pole
lines or conduits so paid for as aforesaid, which permit shall entitle the
company, firm or individual to maintain said poles, pole lines, and conduits,
subject to the provisions of this article for the term of one year from the
first day of June of that year.
If any company, firm or individual shall violate any of the provisions
of this article, Borough Council may notify said company, firm or individual
to remove said poles, pole lines and conduits within 10 days after such notice,
and upon failure of said company, firm or individual to remove said poles,
pole lines and conduits, it, or they, shall pay to the Borough the sum of
$10 for every 10 days said poles, pole lines and conduits are allowed to remain
after the expiration of said notice; said sum to be recovered in summary proceedings
before any District Justice of Delaware County Pennsylvania, as fines and
penalties are now recoverable by law.
It shall be the duty of the Chief of Police of the Borough at least
once a year to cause a thorough inspection of all telegraph, telephone and
electric light pole lines and conduits erected over, in, upon or under the
roads, streets and highways within the limits of the Borough, and if any poles,
pole lines and conduits shall be found to be defective, unsuitable or unsound,
he shall notify the owners to forthwith repair or replace the same, and if
the owner or owners shall neglect to do so the owner or owners shall be liable
to pay a fine to the Borough of $5 for each and every day during which said
neglect or refusal continues, to be recovered in summary proceedings before
any District Justice of Delaware County, Pennsylvania, as fines and penalties
are by law recoverable.
All telegraph, telephone and electric light poles now or hereafter erected
in the Borough shall be marked by the names or initials of the owners thereof
and each pole shall bear a distinctive number legibly marked thereon; and
whenever any pole is placed or replaced in or on any highway, street or road
within the limits of the Borough, the owners shall immediately, at their own
cost, repair and put in good condition the highway, street or road at and
around such pole or opening made or dug to the satisfaction of Borough Council;
and no stump or pole or opening or hole where any pole has been or is to be
shall be left in any highway, street or road, but such stump shall be removed
and all holes shall be well filled in and repaired with like material as the
highway, street or road surrounding such pole. Any company, firm or individual
violating any of the provisions of this section shall forfeit and pay to the
Borough the sum of $10 for each offense to be recovered in summary proceedings
before any District Justice of Delaware County, Pennsylvania, as fines and
penalties are now by law recoverable.
It shall be unlawful for any person or persons to place upon any telegraph,
telephone or electric light pole within the limits of the Borough any printed,
painted or written sign, showbill, placard, circular or advertisement or announcement
of any description whatsoever. Any person violating this section shall forfeit
and pay to the Borough the sum of $5 for each offense to be recovered in summary
proceedings before any District Justice in Delaware County, Pennsylvania,
as fines and penalties are now by law recoverable.
