[HISTORY: Adopted by the City Council of the City of Allentown 6-16-1982 by Ord. No. 12510 (Article 912 of the 1962 Codified Ordinances). Amendments noted where applicable.]
For the purposes of this chapter, the following definitions shall apply:
DEPARTMENT
The Department of Public Works.
DIRECTOR
The Director of Public Works or designee.
PERSON
Any individual, firm, partnership, association or corporation.
RIGHT-OF-WAY
The width of a strip of land between property lines set aside for public use or ownership as a street, alley, crosswalk, easement or other facility.
A. 
No person shall erect any utility pole, wire, cable or guy wire in or upon any public right-of-way within the corporate limits of the City of Allentown without first applying for and securing a license to do so.
B. 
All applications for license shall be in such form and shall provide such information as may be required by the Director.
C. 
In considering an application for license, the Director shall take into account any objections made to the whole or any part of such application. The Director may attach to any license granted hereunder any conditions or modifications deemed necessary.
D. 
Prior to the issuance of said license, the applicant shall pay to the Director of Finance or designee a fee which shall be established by the Mayor.
If any person who has been granted permission to erect and maintain any pole, wire, cable or guy wire for any purpose shall at any time desire to reset, replace or remove any pole, wire, cable or guy wire so erected, that person shall obtain a license in accordance with the provisions of § 609-2 before undertaking any such modification.
All utility poles currently in place, or which shall be licensed under this chapter, shall bear and be designated by the name or initial of the owner, and each of said poles shall bear an identification number assigned by its owner. Said name and number shall be legibly marked upon each pole. It shall be the duty of each owner of utility poles in the City of Allentown to maintain a record of the identification numbers of each utility pole under its ownership.
A. 
No person shall install any utility pole, wire, cable or guy wire within or upon any public right-of-way of the City of Allentown except in the location specifically noted in the license issued for such installation.
B. 
It shall be the responsibility of the licensee to determine the location of street lines, where required, by obtaining a warrant of survey from the office of the City Engineer, so that all poles may be properly positioned. No utility pole shall be cut down without removing that portion of the pole below ground level.
A. 
Each owner of utility poles, wires, cable or guy wires shall be completely responsible for assuring that all facilities are constructed, installed and maintained in accordance with the current regulations of the City of Allentown and the Pennsylvania Public Utility Commission governing the same.
B. 
All wires or cable affixed to utility poles shall be maintained at a minimum vertical height above curb level of 18 feet, or such other minimum vertical height as may be required by the Pennsylvania Public Utility Commission.
C. 
All poles, wires, cable and guy wires shall be erected and maintained in a good, safe order and condition and in accordance with generally accepted engineering practices and safety requirements.
D. 
Each owner of utility poles, wires, cable or guy wires shall insure that adequate measures are used at all times to protect the public safety as affected by the existence, placement and maintenance of its facilities.
In the installation or maintenance of utility poles, wires, cable or guy wires, there shall be no interference with the public use of any public right-of-way more than is necessary to enable the efficient performance of the installation or nonemergency maintenance work. When necessary, in order not to interfere unduly with the public convenience, the Director may fix the hours during which such work may be performed. The judgment of the Director shall be binding in this regard.
All licenses issued under this chapter shall require that wires and cable be placed on existing utility poles and consolidated wherever practical so as to preserve as much as possible the prevailing character of the surrounding neighborhood, and to maintain clear unobstructed streets.
It shall be the responsibility of any person installing, replacing or relocating any utility pole under the provisions of this chapter to replace and properly repave, to the satisfaction of the Director, that portion of any sidewalk, curbing or street pavement which may have been displaced or damaged during the installation or removal of said pole. All replacement of sidewalk, curbing and street pavement shall be performed in accordance with standard specifications currently in use by the City of Allentown and shall be done at the sole expense of the licensee.
A. 
Every owner of utility poles, wires, cable or guy wires shall at all times fully indemnify, protect and save harmless the City of Allentown from and against all claims, actions, suits, damages and charges, and against all loss and necessary expenditures arising from the erection, construction or maintenance of said equipment, or from the neglect or failure to maintain its equipment in good order and condition.
B. 
The owner shall procure and maintain such insurance as will protect it from any claims for damages to property and/or personal injury, including death, which may arise from its operations and the maintenance of the apparatus hereinbefore mentioned, and certificates of such insurance shall be filed with the City Clerk and kept in force at all times, the limits of insurance to be subject to the approval of the Director of General Services or designee.
A. 
It shall be the responsibility of every owner of utility poles, wires, cable, guy wires or any other appurtenances to periodically inspect all equipment under its ownership and to replace any such equipment found to be dangerous or defective.
B. 
If the owner neglects or refuses to replace such defective equipment, such owner shall be liable for penalty as provided herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall be fined not more than $1,000 or imprisoned not more than 90 days, or both. Each day's violation shall constitute a separate offense.