[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.]
[Amended 8-8-2000]
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.
[Amended 8-8-2000]
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.
[Amended 8-8-2000]
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.
A.
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:
[Amended 8-8-2000]
(1)
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.
(2)
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.
(3)
The company will forthwith make any changes in its conduits, manholes
or holes that the Municipal Council, after notice and hearing, may
order.
(4)
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.
B.
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.
