As used in this article, the following terms shall have the
meanings indicated:
COMMISSIONER
The Town of Babylon Commissioner of the Department of Public
Works.
DANGEROUS/DAMAGED POLE
Any utility pole that is structurally compromised due to
weather, a traffic incident, and/or age and poses a potential threat
to public safety.
DEPARTMENT
The Town of Babylon, Department of Public Works.
DOUBLE POLE/DOUBLE WOOD
Any utility pole that is located directly next to or in close
proximity to, and is shorter in height than, another utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
PUBLIC UTILITY
Any corporation, authority, or other entity that provides
electric, telephone, cable television, or other telecommunications
service to the residents of the Town of Babylon.
WRITTEN NOTIFICATION
A writing directed to a representative of a public utility,
who may be designated by the utility, by regular mail, facsimile transmission,
or electronic mail.
No person, corporation or entity shall disturb, break, mar, injure, remove or deface, or cause to be disturbed, broken, marred, injured, removed or defaced, the surface or any part of any highway, street, road, sidewalk, sidepath, passway or other public way of the Town of Babylon or maintained by it, and the Commissioner shall not give a permit authorizing any act or acts as set forth in §
191-30 that shall be performed unless there shall have been furnished by the applicant sufficient indemnity or performance bond as determined by the Commissioner as a condition precedent to the issuance of the permit and the commencement of work. Said bond or indemnity shall be for a reasonable amount and may cover one or more than one of the acts specified in §
191-30 of this article, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Commissioner. The approval of the Commissioner as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Town Clerk's office, and said bond shall be so filed before said permit shall be effective.
[Amended 4-27-2022 by L.L. No. 10-2022]
A. Any public utility that violates this article shall be subject to
a civil penalty not to exceed $250 for each such violation. Each day
that the violation continues shall be deemed a separate violation.
B. If a public utility violates the provisions of this article and fails
to remove its plant from a damaged pole in accordance with the provisions
of this article, the Town Attorney, upon the request of the Department,
may commence an action in the name of the Town in a court of competent
jurisdiction for necessary relief, which may include the imposition
of civil penalties as authorized by this article, an order to remove
the plant from a damaged utility pole and/or to remove the damaged
pole, the recovery of costs of the action and such other remedies
as may be necessary to prevent or enjoin a dangerous condition from
existing in a Town road or right-of-way.
This article shall apply to all utility poles located on Town
roads or rights-of-way on or after the effective date of this article.
This article shall take effect immediately upon filing in the
office of the Secretary of State pursuant to Municipal Home Rule.