[HISTORY: Adopted by the Municipal Council of the City of Taunton as Rev. Ords. 1964, §§ 15-1 to 15-14 (§§ 17-2 to 17-13 and Ch. 17, Art. II, of the 2010 Code). Amendments noted where applicable.]
A company incorporated for the transmission of intelligence by electricity or by telephone or fiber optics, whether by electricity or otherwise, or for the transmission of electricity for lighting, heating or power desiring to construct lines for such transmission upon, along, under and across the public ways shall in writing petition the Municipal Council for permission. All such petitions shall be accompanied by a plan showing the proposed locations drawn to a scale of not more than 150 feet to the inch.
A public hearing shall be held on the petition, pursuant to § 346-1, and written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the City Clerk to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed, as such ownership is determined by the last preceding assessment for taxation.
After a public hearing as referred to in § 346-2, the Municipal Council may by order grant to the petitioner a location for such line, pursuant to § 346-1, specifying therein where the poles, piers, abutments or conduits may be placed, and in respect to overhead lines may also specify the kind of poles, piers or abutments which may be used, the number of wires or cables which may be attached thereto, and the height to which the wires or cables may run.
After the erection or construction of such lines, pursuant to § 346-1, the Municipal Council may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without notice or hearing, by order permit an increase in the number of wires or cables and direct an alteration in the location of the poles, piers, abutments or conduits or in the height of the wires or cables.
On streets where curbstones are set, all poles shall be erected in the sidewalk within or adjoining the curbstone, and where there are no curbstones the poles shall be erected so as not to interfere with the gutter or with the curbstones that may thereafter be set there. No pole shall be set within 10 feet of any hydrant. No pole shall be set in a manner that provides less than 36 inches of clear space for the path of travel along the sidewalk in conformance with the Architectural Access Board and Americans with Disabilities Act regulations.
Wires for municipal purposes may be attached to any poles or structures within the streets of the City under the supervision of the Inspector of Wires, but no poles shall be erected in any street, way or public place by any board, officer, agent or servant of the City except by order of the Municipal Council designating the location thereof, and such erection shall be under the supervision of the Inspector of Wires.
A person owning or operating a line of wire over or under streets or buildings shall use only strong and proper wires safely attached to strong and sufficient supports and insulated at all points of attachment; shall remove all wires the use of which is abandoned; shall properly insulate every wire where it enters a building and, if such wire is other than a wire designed to carry an electric light, heat or power current, shall attach to it at a proper point in the circuit, near the place of entering the building, and so situated as to avoid danger from fire, an appliance adapted at all times to prevent a current of electricity of such intensity or volume as to be capable of injuring electrical instruments or of causing fire from entering the building by means of such wire beyond the point at which such appliance is attached; and shall properly insulate every wire within a building designed to carry an electric light, heat or power current.
All persons shall plainly mark each pole, pier, abutment or other fixture supporting wires or cables containing wires over streets or buildings with the name or initials of the owner of such pole, pier, abutment or other fixture. Wherever crossarms or other appliances for the support of wires or cables belonging to different owners are attached to the same pole, pier, abutment or other fixture, every such crossarm or other appliance shall plainly be tagged or marked with the name or initials of the owner thereof. Wherever wires or cables belonging to different owners are attached to the same crossarm or other appliances for the support of wires or cables, every wire or cable shall be tagged or marked with the name or initials of the owner at or near its point of attachment to such crossarm or other appliance.
Telephone, cable, electric, and any other communication/information company shall provide on each pole one gain space, free of charge, for use of the City, and in the case of underground conduits one conduit shall be reserved for such usage.
No person shall connect with a current of electricity any wires or system of wiring intended for the transmission of electricity for light, heat or power in any building until such wires or system of wiring has been inspected by the Inspector of Wires and approved by the Inspector and a written permit issued by the Inspector to make such connection. The provisions of this section shall apply to all public and private electrical systems which are now or may hereafter be installed.
Every employee, official or agent in the employ of any telegraph, telephone or electric company shall be furnished by the company with a certificate or badge of his authority to act therefor, which shall be shown whenever access is desired to any premises, and no such employee, officer or agent who refuses or fails to exhibit such certificate or badge shall enter upon any premises within the City upon any business of the company appertaining to the laying or repairing of lines over, under or along such premises.
No person shall allow pieces of wires to be left on the surface of any street or sidewalk or permit unused coils or loose ends of wire to remain attached to any pole or crossarm more than 24 hours.
Bond required; conditions of bond. No permit to disturb the surface of a street for the purpose of installing conduits shall be granted until such company has executed a bond to the City in the sum of $10,000 with surety or sureties to be approved in writing by the City Solicitor, with the following conditions:
Such company will indemnify and save harmless the City against all damages, costs and expenses whatsoever to which the City may be subjected in consequence of the acts or negligence of such company, its agents or servants, or in any manner arising from the rights and privileges granted it by the City.
The company will, as soon as a conduit is constructed, remove thereto or install therein such wires as it is intended to accommodate and shall remove all wires from any conduit the license to use which has been revoked by the Municipal Council.
The company will forthwith make any changes in its conduits, manholes or holes that the Municipal Council, after notice and hearing, may order.
Such company will fulfill all the requirements imposed by the Municipal Council in granting its permit and will give a new bond of like import at any time required by the Municipal Council, which new bond shall be a strengthening bond unless the surety or sureties on former bonds are expressly released from further liability by vote of the Municipal Council.
Revocation and alteration of permit. Any authority granted by the Municipal Council may, after notice and hearing, be revoked or altered at any time without liability on the part of the City therefor, but in case any location in any street shall be revoked, a substitute location in some other street that will, in the opinion of the Municipal Council, accommodate the service shall be granted.