Cross Reference — As to electricity, ch. 520.
[R.O. 2007 §29-1; Rev. Ords. 1951 §38.000]
Any telegraph, telephone, electric railway and electric light and power company duly incorporated according to law, doing business or desiring to do business in the City and having a franchise to do so is hereby authorized to set its poles, wires and other fixtures along and across the public roads, streets or alleys of the City, subject to the regulations hereinafter provided or such regulations as may be hereafter made by the City Council.
[R.O. 2007 §29-2; Rev. Ords. 1951 §38.010]
Whenever, in the judgment of the City Council, the use of any alley for the purpose of installing or setting poles, wires and other fixtures by a company authorized to do so by this Chapter is practicable, the poles of such company shall be placed upon and along said alley, instead of upon and along the street next adjoining and parallel thereto. Where the poles are set in an alley, they shall be located as near the side lines of the alley as practicable and in such manner as not to hinder the public or the adjoining proprietors or residents.
[R.O. 2007 §29-3; Ord. No. 3192 §1, 4-20-1964]
The poles used as provided in this Chapter shall be of sound timber, not less than five (5) inches in diameter at the upper end, straight, shapely and uniform in size, neatly planed or shaved. All wires on any such pole shall be run as high above the grade of the street as practicable. Whenever the poles are erected on a street, they shall be placed, in all cases when practicable, on the outer edge of the sidewalks, just inside the curbstone and on the dividing line dividing the lots one from the other and in no case be so placed as to obstruct the drainage of the street or interfere with or damage in any way the curbstone, trees or other public or private property on the line of the street or alley which such poles shall be erected.
[R.O. 2007 §29-4; Rev. Ords. 1951 §38.030]
Before any telegraph, telephone, electric light or electric railway company shall erect any poles upon any street or alley, they shall submit for approval to the City Council the route of their proposed line or lines, stating the name of the street or streets to be occupied or if an alley, the location of each pole.
[R.O. 2007 §29-5; Rev. Ords. 1951 §38.040]
The right is hereby reserved to the City Council to at any time direct any alteration in the location of said poles and also the height at which the wires shall run; but before any alteration is made, at least five (5) days' notice, in writing, shall be given the president or local officer in charge of the company affairs of the proposed alteration and reasonable opportunity shall be afforded to the representative of such company or any citizen interested to be heard therein. But when such alteration shall be ordered by the Council, such company shall, within five (5) days thereafter, commence such alterations and complete the same as soon as practicable thereafter.
[R.O. 2007 §29-6; Rev. Ords. 1951 §38.030]
All work of excavating, refilling and restoring the pavement pursuant to this Chapter shall be done under the supervision of the City Engineer or other designated official or Superintendent of Streets and to his/her entire satisfaction and in all cases the pavement shall be restored as speedily as possible to the same condition as it was before.
[R.O. 2007 §29-7; Rev. Ords. 1951 §38.050]
Every telegraph, telephone, electric light and electric railway company doing business in this City shall keep on deposit with the City Treasurer the sum of fifty dollars ($50.00), subject to the order of the City Engineer or other designated official, to be used by him/her in restoring any sidewalk, gutter, street or alley pavement displaced or injured in the erection, alteration or removal of any pole of such company, when said company refuses or fails to make such restoration to the satisfaction of the City Engineer or other designated official. Any company failing to make such deposit within five (5) days after commencing business or which shall fail to make good the amount when any portion of it has been expended as herein provided, within five (5) days after notice to do so has been given by the City Engineer or other designated official, shall be deemed guilty of an ordinance violation.
[R.O. 2007 §29-8; Rev. Ords. 1951 §38.060]
The City Council is hereby empowered to condemn any poles, wires or other appliances of any company authorized to install the same within the City which are upon the streets, alleys and other highways of the City and of such size, height and shape and so located as to constitute an obstruction to any sidewalk, gutter, drain, street or alley or so as to obstruct the view from any window or door of any building or to be of such shape or so located with reference to any residence or other property to make the surroundings unsightly to the occupants or to the public.
[R.O. 2007 §29-9; Rev. Ords. 1951 §38.070]
The location of stakes or posts in a public street, for the fastening of cables and wires for the purpose of staying or bracing poles is expressly prohibited. The City Engineer or other designated official or Superintendent of Streets shall give a reasonable notice to any such company that, at a time named in such notice, he/she will proceed to remove such stakes or posts of any such company. All expense incurred thereby shall be paid by the company necessitating such work by their failure to comply with the requirements of this Chapter; and on their failure to pay the same, the Mayor and Council shall order suit to be instituted therefor.
[R.O. 2007 §29-10; Rev. Ords. 1951 §38.080]
No person shall stretch or extend any wire of any kind across or along any sidewalk, street, alley or thoroughfare without permission first having been obtained from the City Council and a permit in writing issued therefor.
[R.O. 2007 §29-11; Ord. No. 3549 §8, 6-3-1968]
All companies coming under the provisions of this Chapter, on the request of any person, shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting such raising or lowering of wires and payment in advance may be required. Not less than forty-eight (48) hours' advance notice shall be given to arrange for such temporary wire changes.
[R.O. 2007 §29-12; Ord. No. 3549 §9, 6-3-1968]
The right is hereby granted to all companies coming under the provisions of this Chapter to trim trees, brush or hedges upon and overhanging the streets, alleys, sidewalks and public places of the City so as to prevent such foliage from coming in contact with wires and cables, all of said trimming to be done under the supervision and direction of the City Council or of any City Official to whom said duties have been or may be delegated.
[R.O. 2007 §29-13]
Any electrical light company, having or not having a franchise with the City, shall not be permitted to construct electrical lines that parallel or duplicate any electrical lines of the municipal owned electrical system. (Special permits may be issued by the City Council for electrical transmission lines to be constructed within the City).
[R.O. 2007 §29-14]
Any telegraph, telephone, electrical railway, TV circuit cables and electric light and power companies shall install all wiring as follows: over streets eighteen (18) feet, over alleys, private drives and private property fifteen (15) feet.
Telephone cables and wires and TV circuit cables shall have a clearance of forty (40) inches from electrical power lines. All measurements in this Section shall mean minimum distance.