[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.[1]
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.
