[HISTORY: Adopted by the Borough Council of the Borough of Mahanoy City 11-7-1950 by Ord. No. 251. Amendments noted where applicable.]
No person, corporation or firm shall erect, install or place any wire or wires over or upon any sidewalk or street within the Borough of Mahanoy City without a permit issued by the Borough Secretary-Treasurer.
Every application for a permit shall be in writing and shall be accompanied by such drawings, specifications and descriptions as are necessary to fully advise and acquaint the Mayor and the Borough Secretary-Treasurer with the location, construction, material, and manner of securing or fastening of such wire or wires, and no permit shall be issued for the erection, installation or placing of such wires which do not conform to the provisions of this chapter or which, when erected, installed or placed, shall be considered unsafe by the Mayor.
Such wire or wires installed, erected or placed under the authority contained in this chapter and overhanging any sidewalk or street must be placed at least 18 feet above the sidewalk or street and shall be properly supported, stayed and bolted or anchored with proper supports to buildings or poles.
If the applicant for a permit as provided for by this chapter plans to attach or fasten any overhead wire or wires to the poles of any utility company or to any buildings, the application for the permit shall be accompanied by written approval of said utility companies or owner of said buildings, agreeing to permit the fastening of overhead wires thereto.
If the applicant for a permit as provided for by this chapter plans to erect or install poles for the purpose of attaching and fastening overhead wires, the application for the permit shall indicate the number and size of poles to be erected and their location.
A. 
After permit has been issued, the wire or wires and installation thereof shall be inspected by the Borough Electrician and approved by the Street Committee, and, if found to meet the requirements of this chapter, a certificate of inspection shall be issued by the Borough Secretary-Treasurer without charge.
B. 
All such wire, wires and installations shall be inspected and examined by the Borough Electrician at least once a year as to their safety. If such wire or wires or installations are found unsafe or insecure, the owner thereof shall be required to make the same safe and secure within 48 hours from the time of notification to that effect in writing from the Mayor, and if such notice is not complied with within the time specified, the wire or wires or installations shall be removed at the expense of the owner.
This chapter shall not apply to certificated electric, telephone or telegraph companies in the erection, placement or installation of wires used in rendering service for which they have been certificated.
[Amended 5-5-1981 by Ord. No. 81-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.