[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No. 2005-06 as §§ 8.09 and 8.15 of the 2005 Code. Amendments noted where applicable.]
The erection and maintenance of telephone or other public utility poles, posts and wires not in or hereafter to be placed in the public street rights-of-way or alleys of the City shall be subject to the following rules and regulations:
City to designate location. The City shall have the right at any time to designate the location of all such poles and posts and to direct any alteration in the location of such poles or posts, the height thereof and the height and manner in which all wires thereon shall be strung. Any such alteration shall be made at the cost of the owner or owners of the poles and posts, but before any alteration is made, at least 10 days' notice in writing shall be given the president or local officers in charge of the company, or to the persons affected by the proposed alteration, and reasonable opportunity shall be afforded such persons or the representatives of such company, or any citizen interested, to be heard thereon. When any alteration shall be ordered, such company affected shall, within five days thereafter, commence the alteration and complete the same as soon as practicable, and upon failure to do so, the City may perform the work and charge the cost thereof to the owner of the poles, posts or wires.
Location in streets. Whenever the poles or posts are erected in a street, they shall be placed in all cases, unless directed otherwise by the Director of Public Works, on the outer edge of the sidewalk just inside the curbstone, and on the line dividing the lots one from another, and in no case shall they be so placed as to inconvenience the public or the adjoining proprietor or resident, or to disturb the drainage of the streets or interfere with or damage the trees or other public or private property on the line of the street or alley where such poles or posts shall be erected, unless the consent of the owner of the trees or other property and of the Director of Public Works shall have been previously obtained.
Resetting when street paved. Whenever the street on which any of the poles or posts have been set shall be graded or paved, all the poles or posts shall be reset so as to conform to the street as reconstructed, and the owner or owners thereof shall immediately put in order and thereafter maintain those parts of the streets, sidewalks, alleys or public grounds interfered with or used in the erection of such poles or posts.
Location of wires. The City reserves the right at any time to order any or all wires heretofore or hereafter run in the City to be cabled or placed underground, and to order poles and posts supporting them to be removed from the highway. Upon failure of the owner thereof to comply with the order within the time designated therein, the City may perform the work at the cost of the owner of the poles, posts or wires.
Future development. Future City development requires the location of the wires to be underground.
[Added 11-17-2014 by Ord. No. 2014-05]
[Amended 11-17-2014 by Ord. No. 2014-05]
The City expressly reserves the right to grant the right-of-way to, in and upon the streets, sidewalks, alleys and public grounds of the City for the erection, maintenance and use of the necessary poles or posts and wires to any telephone or electric company or person, the same not to interfere with the proper use of the rights heretofore granted.
[Amended 11-17-2014 by Ord. No. 2014-05]
The City also reserves the right to grant to any person, other than the owner of the telephone or electric poles or posts, the right to use such pole or posts, provided such use shall be subordinate to the primary use of the owner or owners thereof, and provided further that the user shall pay such compensation to the owner or owners of the poles and posts as the Council shall determine. When there is a line of poles or posts on any street, the Director of Public Works shall not grant permission for the erection of an additional line of poles or posts, if the use by the applicant of the poles or posts already erected shall be practicable.
No signs, bills, advertisements or notices shall be posted on any of the poles or posts referred to in this chapter.
The erection or continuance of any poles or posts, or the stringing of any wires referred to in this chapter, shall be deemed an acceptance by the person so erecting or continuing such posts or stringing such wires of all conditions and provisions contained in this chapter, and the provisions of this chapter, so far as applicable, shall be deemed to be and shall become a part of all franchises heretofore or hereafter granted for the erection of any such poles, posts or wires.
Nothing contained herein shall be so construed as to, in any manner, affect the right of the City in the future to prescribe any other mode of conducting such wires over or under its thoroughfares.
The terms and provisions of this chapter shall apply as well to renewals of or changes in existing lines as to the original construction of any line of poles, and no lines of poles, posts or wires shall be erected unless intended for present use.
The provisions of this chapter shall further apply to the regulation of the installation of all other, but not limited to, utilities, such as cable television, natural gas, fiber optic telephone cables and the like.
Except as otherwise provided, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Municipal Code.