[HISTORY: Adopted by the Common Council of the City of Norwich 5-11-1915 (Ch. 94 of
the 1967 Code). Amendments noted where applicable.]
No posts, poles, structures or supports used for supporting
electric or other wires, and no wires used or to be used for conducting
electricity, shall be placed in, over or under any street, park or
public place in the City of Norwich without permission of the Common
Council or the City Engineer. Such permission shall not become operative,
take effect or have any validity until the person or corporation to
whom it shall be granted shall file with the Common Council or the
City Engineer a written statement which shall contain a statement
of the work proposed to be carried out under such permit when granted.
In case it shall appear to the Common Council that the location
of any of said wires or poles shall be dangerous or inconvenient to
the public, the Common Council may order the person or corporation
owning said wires or poles to make such changes as, in the opinion
of said Common Council, may render the same safe and convenient, but
in case the dangerous or inconvenient conditions of said wires or
poles shall have been caused by the occupation of said street, park
or public place by two or more persons or corporations with their
wires or poles, then said order shall direct the owner or owners of
the wires or poles last placed to make such alterations as are required
by said order.
Every application to the Common Council or City Engineer for
permission to place, erect and maintain poles and electric wires in,
over or under any street or public place shall state the intended
location of each pole and wire and the purpose for which said pole
and wire are to be used.
Every person or corporation erecting, maintaining or using such
poles, structures, supports or wires shall indemnify and save harmless
the City of Norwich, its officers, agents and servants, from and against
all claims and demands for injuries or alleged injuries to persons
or property occasioned by the existence of such poles, posts, structures
or wires or by the transmission of electric current by means thereof;
and the said Common Council or its officers, agents or servants exercising
the rights, power and permissions herein shall not be held liable
by such person or corporation on account thereof, or by reason of
any injury or damage caused thereby.
The wires, posts, poles, structures and supports of the fire-alarm
telegraph erected by the City shall at all times take precedence and
right-of-way as to all other wires, poles, posts, structures or supports
maintained or erected by this City, but if such fire-alarm wires be
strung upon the poles of any other company, then the arrangement of
such wires is to be agreed upon by the City and the company owning
the poles, and no lineman or any other person shall interfere with,
disturb, disarrange or change the fire alarm or any appurtenance thereof
except such lineman or person be duly authorized so to do by the department
or official having the same in charge.
All poles for telegraph, telephone and electric lights shall
be reasonably straight and properly trimmed and shall not be less
than 20 feet in height when set, and shall be iron, cedar, chestnut
or hard pine or reinforced concrete, as may be directed by the Common
Council. In no case shall any such pole be braced by guy wires attached
to any shade or ornamental tree unless consent of the owner of the
property shall be obtained. The pins next to the poles upon all cross
arms shall be at least 22 inches apart for high-tension wires. Other
wires shall be at least 16 inches apart at the pole. Whenever any
wires shall cross any street, they shall be at the height of not less
than 16 feet above such street and cross as near as possible at right
angles thereto. All wires carrying electric currents must be properly
insulated. No wires of any sort shall be attached to any tree in any
public park in said City, except with the written consent of the Common
Council.
All poles now standing or to be hereafter erected shall be branded
or stamped with the initials of the person or company owning them,
at a point not less than five or more than seven feet from the street
surface.
All broken or dead wires, and all wires, poles and fixtures
not actually in use, must be removed from the streets and public places
of said City by their owners. When an old pole is taken down it must
be removed from the street the same day. New poles must not be brought
upon any street more than two days in advance of their erection. Any
pole that shall lie on any street more than two days shall be removed
by the Street Commissioner at the expense of the party owning it.
All other wires shall be placed at least a two-foot distance
from electric light or high-tension wires, except when high-tension
wires are enclosed in a proper conduit, unless otherwise ordered by
the Common Council. Whenever any person or corporation maintaining
electric wires in any highway shall make any alteration in the arrangement
of such wires or shall make any addition to those in operation, such
person or corporation shall forthwith notify the Common Council to
the end that the same may be seasonably inspected.
In case of fire, the Chief of the Fire Department shall have
full power and authority to order and cause any electric or other
wire to be cut and removed and electric currents discontinued until
the fire is extinguished.
All persons using electric lights shall conform to the full
requirements of the National Board of Fire Underwriters.
No provisions in this chapter, known as "the Poles and Wire
Ordinance," shall be construed to deprive the Common Council of the
power of removal and regulation of telegraph, telephone and electric
light wires, cable and other appliances for conducting electricity,
and the poles connected therewith, as provided by Section 100,[1] Title 4, of the Charter of the City of Norwich, New York,
and the Common Council may take any action relative to such matter
as provided by said section, in the same manner and with the same
effect as if this chapter had not been enacted.
[1]
Editor's Note: See now Charter Section 88, Poles and wires.
Every person or corporation, or any employed agent, manager
or officer thereof, who shall violate any of the provisions of this
chapter, shall, for each offense, on conviction thereof, be punished
by the payment of a penalty of not exceeding $50 or a fine of not
exceeding $50 and imprisonment in the county jail of Chenango County
until such fine be paid, not exceeding one day for each $1 of the
fine imposed. And in addition to the above penalty, every person or
corporation who shall fail to comply with any order of the Common
Council, issued as provided in this chapter, shall forfeit a penalty
of $10 for every 24 hours the same shall remain uncomplied with; provided,
however, that said last-mentioned penalty shall not be imposed unless
a written copy of said order shall have been served upon such person
or upon the corporation or some officer thereof.
