[HISTORY: Adopted by the Town Board of the Town of North
Hempstead 9-9-2014 by L.L. No.
13-2014. Amendments noted where applicable.]
A.
This Town Board hereby finds and determines that public utility companies
place poles on Town of North Hempstead highways, streets, roads and
rights-of-way to facilitate the delivery of electric, telephone, cable
television, and other telecommunications services to the residents
of the Town of North Hempstead.
B.
This Town Board finds and determines that local governments have
the authority to regulate their highways, streets, roads and rights-of-way
to protect the public.
C.
This Town Board finds and determines that wood utility poles that
are treated with hazardous chemicals such as pentachlorophenol, creosote,
inorganic arsenic, or other similar chemicals constitute a potential
danger to the public and that the public should be informed of such
potential danger.
D.
This Town Board deems this chapter to be an exercise of the police
power of the Town of North Hempstead for the preservation and protection
of public health, safety, and general welfare, and it is enacted pursuant
to the authority contained in the Highway Law, Town Law, and the Municipal
Home Rule Law of the State of New York.
E.
Therefore, the purpose of this chapter is to require warning signs
on new and recently installed utility poles that have been treated
with hazardous chemicals.
As used in this chapter, the following terms shall have the
meanings indicated:
Any chemical compound used as a wood preservative to treat
wood utility poles to protect them from fungal decay and wood-destroying
pests.
A row of utility poles connected by service lines for a public
utility.
Any corporation, authority, or other entity that provides
electric, telephone, cable television. or other service, including
telecommunications service, to the residents of the Town of North
Hempstead.
The Town of North Hempstead Superintendent of Highways or
his/her designee.
A column or post used to support service lines for a public
utility.
A writing directed to a representative of a public utility,
who may be designated by the utility to receive such notice, sent
by regular mail, facsimile transmission or electronic mail.
A.
The provisions of this section shall apply to any utility pole treated
with a hazardous chemical and installed after January 1, 2014.
B.
In a line of utility poles, the public utility shall post a sign on every fourth pole. The sign shall be posted in a conspicuous location at least four feet and no more than five feet from the base of the pole. The sign shall contain the following warning: "NOTICE — THIS POLE CONTAINS A HAZARDOUS CHEMICAL. AVOID PROLONGED DIRECT CONTACT WITH THIS POLE. WASH HANDS OR OTHER EXPOSED AREAS THOROUGHLY IF CONTACT IS MADE." The sign shall be oriented towards pedestrian traffic wherever possible. The text of the sign shall be of a font size that is no less than 36 point. The text of the sign shall be black on a white background. Failure to comply with the requirements of this section may result in penalties as provided for in § 64B-4 of this chapter.
C.
When the Superintendent of Highways issues a permit for the installation of a utility pole that is treated with a hazardous chemical as defined in § 64B-2, the Superintendent of Highways will provide written notice to the public utility installing the pole that it must place a hazardous chemical warning sign as described in § 64B-3B within 30 days. Failure to comply with the notice may result in penalties as provided for in § 64B-4.
D.
When the Superintendent of Highways determines that a utility pole on a Town highway, street, road or right-of-way is treated with a hazardous chemical as defined in § 64B-2, the Superintendent of Highways will provide written notice to the public utility that owns the pole that it must place a hazardous chemical warning sign as described in § 64B-3B within 30 days. Failure to comply with the notice may result in penalties as provided for in § 64B-4.
A.
Any person, firm, corporation or public utility convicted of a violation
of the provisions of this chapter shall be guilty of a violation,
for a first conviction, punishable by a fine not exceeding $500; for
a second or subsequent conviction, punishable by a fine not exceeding
$1,000. Every day that the violation continues shall be deemed a separate
violation.
B.
In addition to the penalties provided above, any person, firm or
corporation or public utility that violates the provisions of this
chapter shall be subject to a civil penalty not to exceed $500 for
each such violation. Every day that the violation continues shall
be deemed a separate violation.
C.
If a person, firm or corporation or public utility violates the provisions
of this chapter, the Town Attorney may commence an action in the name
of the Town of North Hempstead in a court of competent jurisdiction
seeking any remedy provided by law or equity, including any civil
and/or injunction proceeding necessary to enforce compliance and/or
enjoin noncompliance with this chapter. Such action may seek to affix
warning signs to such poles, the imposition of civil penalties as
authorized by this chapter, the recovery of costs of the action and
such other remedies as may be necessary to prevent or enjoin a dangerous
condition from existing on a Town highway, street, road, or right-of-way.
D.
No violation of this chapter will be charged prior to March 1, 2015.
A.
Notwithstanding any provision of this chapter to the contrary, the
Superintendent of Highways may extend the time frame of any written
notice provided under this chapter for an additional period not exceeding
the original statutory time frame set forth in this chapter. The public
utility shall make a request for an extension in writing to the Superintendent
of Highways prior to the expiration of the time frame contained in
the original written notice, together with the basis for the request.
The Superintendent of Highways shall determine whether the request
for extension should be granted or denied, and provide a written response
to the public utility. In such instances where the request is granted,
the Superintendent of Highways shall issue another written notice,
which shall then be applicable instead of the previously issued notice.
The provisions of this chapter shall be deemed to supplement
applicable state and local laws, ordinances, codes and regulations,
and nothing in this chapter shall be deemed to abolish, impair, supersede
or replace existing remedies of the Town, county or state or existing
requirements of any other applicable state or local laws, ordinances,
codes or regulations. In case of conflict between any provision of
this chapter and any applicable state or local law, ordinance, code
or regulation, the more restrictive or stringent provision or requirement
shall prevail.
The Public Utility Advisory Committee established pursuant to § 64A-7 of the Town Code is authorized to adopt rules and establish procedures relating to hazardous chemical warnings insofar as they are not inconsistent with the provisions of this chapter.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.
