[Adopted 8-13-1969 as Ch. 5, Art. IV, of the 1969 Code
of Ordinances]
No person shall dig or excavate in or place
any barricade or encumbrance upon any street, alley or other public
grounds without first having obtained a permit from the Superintendent
of Public Works.
[Added 10-8-2014 by L.L.
No. 13-2014]
As used in this article, the following terms shall have the
meanings indicated:
Any damaged utility pole or old utility pole from which the
plant has been removed, in whole or in part, which is attached or
in close proximity to a new utility pole.
The cable, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
Includes any highway, avenue or alley within the Village
of Scotia extending the full width of the right-of-way and including
sidewalks and unpaved portions between the property line and the traveled
areas.
Application for a permit shall be made by the
person or firm intending to do such work or for whose direct benefit
it is proposed.
[Amended 10-8-2014 by L.L. No. 13-2014]
A.
All permits issued shall be in writing, shall conform to the provisions
of all laws, ordinances and Village regulations and shall contain
such restrictions and conditions as the Superintendent may deem necessary
for the protection of the Village.
B.
All permits for the installation or removal of utility poles shall
include the following provision: The permittee shall have 90 days
to remove a double pole following the installation of a new pole in
its immediate vicinity. Failure to do so may result in penalties as
provided by law.
The required permit fees shall be paid to the
Superintendent upon issuance of the permit. Such fees shall be determined
from a fee schedule established by the Board of Trustees.[1]
If the Superintendent deems it to be necessary
for the protection of the Village, he may require the applicant to
furnish a surety bond saving the Village harmless from any and all
liability arising from the work authorized.
A.
A permit shall be required before any person shall
make any excavation in, cut any pavement upon or tunnel under any
street, sidewalk, alley or other public ground.
B.
The permitee shall be responsible for repair and restoration of the
surface or pavement to its former condition. Such restoration must
be completed within 30 days of the expiration of the permit unless
noted on the permit otherwise.
[Amended 10-8-2014 by L.L. No. 13-2014]
A.
A permit shall be required before any person shall
cut any street curb or construct any driveway entrance from or exit
into a public street or alley.
B.
In a residential district, one driveway may be permitted
for each residential lot. The drive width at the curb or pavement
line shall not exceed 1/3 of the lot frontage, except that no driveway
shall be required to be less than 12 feet wide and in no case shall
the driveway be greater than 20 feet.
[Amended 12-8-2021 by L.L. No. 7-2021]
No person shall place any encumbrances, including but not limited to: sand, stone, lumber or other building materials, dumpsters, equipment, trailers (storage or transport), storage containers or debris in any street, sidewalk, alley or public grounds without first having obtained a written permit therefor. No permit shall be given for such encumbrances to occupy more than 1/3 of a roadway or for a period of more than 14 days. All such encumbrances placed in the streets pursuant to such permit from the Superintendent of Public Works shall have safety precautions as required in § 210-9. Encumbrances placed for eight hours or less do not require a permit. If a sidewalk is to be blocked, a protected alternative is to be provided and maintained. Street use permits expire 14 days from date of issuance, not the date that the street is occupied. Encumbrances in the street without a valid permit are subject to removal without notice by the Department of Public Works. The fee for such removal will be the cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $200, shall be assessed against the property by the Board of Trustees, which shall constitute a lien and charge on such land and may be assessed upon said land in the same manner as provided for the assessment of local improvements.
A.
Barricades and lights. Any person making an excavation
in or encumbering any public street, alley or grounds shall erect
and maintain a suitable guard, fence or barricade to protect the public
from injury. He shall maintain sufficient warning lights on such barricades
between the hours of sunset and sunrise.
B.
Unauthorized removal of barricades. It shall be unlawful
for any person to remove, tear down, run over or interfere with any
barricade or warning light lawfully placed to protect any construction,
excavation or storage of materials in or upon any street, alley or
public grounds.
[Added 10-13-1993 by L.L. No. 4-1993; amended 10-8-2014 by L.L. No.
13-2014]
A.
Any person, firm or corporation violating any provision of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $500 or imprisonment for a term not exceeding 15 days, or both.
Each day that the violation continues shall be deemed a separate violation.
B.
Any public utility that fails to remove its plant from a damaged pole within 30 days of receiving notification from the Village pursuant to § 210-10.1A shall be punished by a penalty of up to $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
C.
Any public utility that fails to remove a double pole within 90 days of receiving written notification from the Village pursuant to § 210-10.1B shall be punished by a fine of $250 for each violation. Each day that the violation continues shall be deemed a separate violation.
D.
In addition to or as an alternative to any fine or imprisonment imposed
for a conviction of an offense under this article, each such offense
may be subject to a civil penalty not to exceed $500, to be recovered
in an action or proceeding in a court of competent jurisdiction. Each
day that the violation continues shall be deemed a separate violation.
[Added 10-8-2014 by L.L.
No. 13-2014]
A.
When the Village determines that a utility pole in a right-of-way
is damaged and poses a potential threat to public safety, the Village
shall notify in writing any public utility with a plant on the damaged
pole that it must remove its plant from the damaged pole within 30
days of receiving such notification from the Village or be subject
to penalty.
B.
When the Village determines that a double pole is in a Village right-of-way,
the Village will notify the public utility which owns the double pole
that the plant must be removed within 90 days or be subject to penalty.
[Added 10-8-2014 by L.L.
No. 13-2014]
The Superintendent of Public Works is hereby authorized to enforce
this article.
