[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie 12-12-1979 by L.L. No. 10-1979. Amendments noted where applicable.]
It shall be unlawful for any person, persons, corporation or association to erect, construct, maintain or operate any telephone, telegraph, electric light or power poles, electric transmission systems, wires, transformers, conduits or any devices necessary or incidental thereto or used in connection therewith over, on, in, under and through the public roads, streets, alleys, highways and other public places within the present or future limits of the Village of Coxsackie, without first filing with the Village Clerk, for approval of the Village Board, a map or plan showing the exact location of each pole and/or attachment in regard to the boundary and center lines of the public road, street, alley, highway or public place along which it is to be erected. Any person, persons, corporation or association given permission to erect, construct, maintain or operate the aforesaid poles or systems shall hereinafter be designated the "licensee."
All poles, transmission systems, wires, transformers, conduits or devices necessary or incidental thereto or used in connection therewith shall be located so as to in no way interfere with the safety or convenience of persons traveling on, over or through the said public roads, streets, alleys, highways or other public places, and further provided that the location, erection or construction of all such poles, transmission systems, wires, transformers, conduits or devices necessary or incidental thereto shall be subject to the regulations and approval of the Village Board or its designated inspector.
Each and every pole, transmission system, transformer, conduit or device necessary or incidental thereto or used in connection therewith regulated by this chapter shall be kept in good and safe order and condition.
If any pole, transmission system, transformer, conduit or device necessary or incidental thereto or used in connection therewith is found to interfere with public travel or public improvement or is found to be in need of repair, the licensee shall, upon notification by the Village, remove and relocate, within a period of 15 days, at its own expense, any and all of the designated poles or attachments to a more suitable location as approved by the Village Board, provided further that the licensee shall repair and replace, in the same condition as existed prior to erection or construction, all public roads, streets, alleys, highways or other public places or parts thereof damaged or torn up in the exercise of the privilege granted by this chapter. Upon the failure of the licensee to remove, relocate or make the said repairs within 15 days, the Village may, after written notice served upon the licensee at its principal office, make said removal, relocation or repairs and collect the cost thereof from the licensee.
Every pole or device erected as aforesaid shall be straight and of good condition, carefully selected with reference to size, strength and appearance. All poles, transmission systems, wires, transformers, conduits or devices necessary or incidental thereto shall be installed and maintained in accordance with good engineering practice. Every pole or device so erected or constructed shall be plainly marked with the name of the licensee and the person, persons, corporation or association owning the same, together with a distinctive number, which number shall be noted on the map or plan referred to in § 104-1 hereof.
Space on the poles erected and in the conduits constructed under the provisions of this chapter may be used, free of charge, for the purpose of placing thereon the wires and equipment of any Village fire alarm system, police signal system and traffic control system, provided that said wires and equipment shall be placed and maintained in such a manner as may be prescribed by the licensee and that no use shall be made of such space which will result in interference with or impairment of the operation or use of the licensee's property or service or which will endanger the licensee's property or employees.
Any such licensee shall be responsible for any and all accidents and damages resulting from his, their or its negligence during the erection, construction, maintenance and operation of its poles, lines and other devices necessary or incidental thereto or used in connection therewith, and said licensee shall at all times fully indemnify, protect and save harmless the said Village from and against all actions, claims, suits, damages and charges and against any and all loss arising from the erection, construction, maintenance and operation of its system or from its neglect or failure to maintain the said system in good and safe order and condition.
All poles, attachments and lines as aforesaid shall be inspected at least once each year by such inspector or inspectors as the Village Board shall appoint for that purpose, and a report of all such inspections shall be made to the Village Board. Notice of all defects and changes necessary as disclosed by such inspections of the poles, attachments and lines aforesaid shall be given by the Clerk to the licensee, with direction to correct the same within 15 days of receipt of such notice.
For the purpose of defraying the cost and expense of the inspection of poles, attachments, wires and conduits as aforesaid and for the purpose of enforcing this chapter, there is hereby levied and assessed a license fee in the sum of $1 for the use of the Village, upon each and every pole so erected or maintained within the limits of any public road, street, alley, highway or public place within the limits of the Village. The license fee levied hereby shall be due and payable at the time a permit for the installation or replacement of a pole or poles is obtained. In default of payment within 30 days from the date due, a penalty of 20% thereof shall be added to and collected together with the license fee.
The Clerk of the Village of Coxsackie shall notify any and all persons or corporations or associations presently operating or maintaining poles, transmission systems and devices necessary or incidental thereto or used in connection therewith within the limits of the Village of Coxsackie, of the adoption of this chapter and direct their compliance therewith.
Licensees shall be governed by all legal ordinances of a general nature affecting their operations in the Village of Coxsackie that are now in force and enacted under and by virtue of the police powers of the said Village or the laws of the State of New York, as well as all such ordinances hereafter so enacted, provided that the terms, conditions and regulations prescribed therein do not impair or abridge the permission provided for in this chapter.
Nothing contained in this chapter shall be construed to grant unto the licensee any exclusive right or to prevent a grant of similar privileges to other licensees or to conflict with the powers and jurisdiction now or hereafter vested by laws in the New York State Department of Transportation or its successors over certain highways or with any rules and regulations issued from time to time by the said Department or its successors governing the use of such highways by public service corporations.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.