As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS/DAMAGED POLE
Any utility pole that is structurally compromised due to
weather, a traffic or other incident, and/or age and poses a potential
threat to public safety.
DOUBLE POLE
Any old utility pole which is attached or in close proximity
to a new utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary
for transmitting electric, telephone, cable television or other telecommunications
service.
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 City of Middletown.
UTILITY POLE
A column or post used to support service lines for a public
utility.
No person or entity shall hereafter set, locate or erect, or
cause to be set, located or erected, any post, pole or poles for the
purposes of telephone, telegraph, electric light or the transmission
of electricity for any purpose, in any street, avenue, highway or
public place within the City of Middletown, New York, or string any
wires thereon or attach any wires thereto in any such street, avenue,
highway or public place therein, unless written approval shall have
first been obtained from the Commissioner of Public Works of the City
of Middletown.
Notwithstanding any provision of this article to the contrary,
the Commissioner of Public Works, in his or her discretion, may extend
the time frame of any written notice provided pursuant to the provisions
of this article or the time frame of any provision contained in this
article.
The provisions of this article shall be deemed to supplement
applicable state and local laws, ordinances, codes and regulations.
Nothing in this article shall be deemed to abolish, impair, supersede
or replace existing remedies of the City under any other applicable
laws, ordinances, codes or regulations. In case of conflict between
any provision of this article and any applicable state or local law,
ordinance, code or regulation, the more restrictive or stringent provision
or requirement shall prevail.
If any section, sentence, clause or phrase of this article is
held to be invalid or unconstitutional by any court of competent jurisdiction,
then such holding shall in no way affect the validity of the remaining
portions of this article.
Any person, corporation, limited liability company or other
entity who violates any provisions of this article shall, upon conviction
thereof, be subject to a fine of not less than $250 nor more than
$1,000 or by imprisonment for a period not exceeding 15 days, or by
both such fine and imprisonment. Each day that a violation is permitted
to exist shall constitute a separate offense.