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.
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.