For the purposes of this article, the following terms shall
have the following meanings:
DAMAGED POLE
Any utility pole that may be structurally compromised and
poses a potential threat to public safety.
DOUBLE POLE
Any utility pole that is located directly next to or in close
proximity to another utility pole.
EMERGENCY
A condition that affects the public's health, safety
or welfare, and includes an unplanned out-of-service condition of
preexisting equipment. Permittee shall, within 72 hours of the identification
of an emergency, provide written notice to the Department of Public
Works of the emergency response and the placement or maintenance of
equipment in a Village right-of-way as a result of the emergency.
EQUIPMENT
Any permanent or temporary structure, wires, cables, service
lines, utility pole or other mechanical or electrical device placed
or maintained or to be placed or maintained directly upon, above,
or below the surface of the Village right-of-way and used for the
transmission or to facilitate the transmission of electricity, or
voice, data, audio, video or any other information.
PERMITTEE or ENTITY
Any person, association of persons, corporations, municipal
corporations, or other legal entity that has placed equipment in any
Village right-of-way.
PLACE OR MAINTAIN or PLACEMENT OR MAINTENANCE or PLACING OR
MAINTAINING
To exercise physical control over, erect, construct, install,
maintain, place, repair, extend, expand, remove, occupy, locate or
relocate.
UTILITY POLE
A column or post used to support wires, cables, or service
lines for permittee.
VILLAGE
The Village of Massapequa Park.
VILLAGE RIGHTS-OF-WAY
A public right-of-way, public utility easement, highway,
street, bridge, tunnel, alley or sidewalk for which the Village is
the authority that has jurisdiction and control and may lawfully grant
access pursuant to applicable law, and includes the surface, the air
space over the surface and the area below the surface. "Village Rights-of-Way"
shall not include private property.
To the extent not otherwise prohibited by state or federal law, the Department of Public Works shall have the power to require the removal of equipment from a Village right-of-way, it being the intent of the Village to limit the use of Village right-of-way to nonredundant equipment actively in use. Failure to remove any equipment if required by the Department of Public Works within a time period specified by the Department of Public Works may result in penalties provided for in §
298-58 of this article.
In the event a permittee's performance of or compliance
with any of the provisions of this article is prevented by a cause
or event not within the permittee's control, such inability to
perform or comply shall be deemed excused and no penalties or sanctions
shall be imposed as a result; provided, however, that such permittee
uses all practicable means to expeditiously cure or correct any such
inability to perform or comply. For purposes of this article, causes
or events not within a permittee's control shall include, without
limitation, acts of God, floods, earthquakes, landslides, hurricanes,
fires and other natural disasters, acts of public enemies, riots or
civil disturbances, sabotage, strikes and restraints imposed by order
of a governmental agency or court.
Any person, association of persons, corporation, municipal corporation,
or any other legal entity who uses the equipment of a permittee, other
than the permittee that owns the equipment, shall not be entitled
to any rights to place or maintain such equipment in excess of the
rights of the permittee that places or maintains the equipment.
The Department of Public Works shall maintain on the official
website of Massapequa Park Village a webpage to allow residents to
report to the Department of Public Works incidents of abandoned, damaged
or doubled utility poles.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any permittee,
individual, corporation, firm, partnership, entity or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section
or part of this article or in its application to the permittee, individual,
corporation, firm, partnership, entity or circumstance directly involved
in the controversy in which order or judgment shall be rendered.
This article shall take effect immediately.