[HISTORY: Adopted by the Town Council of the Town of Pinedale 6-14-2010 by Ord. No. 452 (Ch. 8.25 of the 1983 Municipal Code). Amendments noted where applicable.]
All persons, firms, partnerships, associations, corporations, districts, quasi-municipal or public corporations or other entities operating an utility as defined in this chapter within the corporate limits of the Town shall obtain a franchise regulating use of Town streets and rights-of-way.
Any utility desiring to operate within the corporate limits of the Town shall apply to the Town Council for a franchise to do so.
As used in this chapter, the following terms shall have the meanings indicated:
- The business of supplying electrical energy, gas, communications, cable television, trash and garbage hauling and collection and other similar services utilizing Town streets or rights-of-way other than simply for delivery of goods and services.
The Town Council shall establish a fee for the granting of any franchise as described herein at its discretion. The fees may vary between types of franchises but shall be consistent within industry classes subject to fees varying due to the time of implementation. Fees may be modified during the term of a franchise only if specifically allowed by the language of the franchise.
If any utility operates upon streets and rights-of-way within the corporate limits of the Town without a franchise, the Town may take action to refuse to allow such utility the use of Town streets and rights-of-way or to set conditions of permission to use the streets and public areas in the event the Town is unable to deny the utility access to streets, alleys or public areas. In addition any person violating any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished in accordance with § 1-29. Each day of violation shall constitute a separate offense.