[Adopted 8-24-1903 (Ch. 71, Art. II of the 1971 Code); amended in its entirety 7-21-2020]
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.
A. 
Dangerous poles. When the Commissioner of Public Works determines that a utility pole on a City street, road or right-of-way is damaged and poses a potential threat to public safety, he or she shall provide written notice to any public utility with a plant on the damaged pole that it must remove its plant from the pole within 15 days. The last utility to remove its plant from the damaged pole shall be responsible for removing the pole itself within 60 days of removal of the last plant.
B. 
Double poles. When the Commissioner of Public Works determines that a double pole is on a City street, road or right-of-way, he or she shall provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days. Upon the removal of each plant, the Commissioner shall provide written notice to the public utility that owns the subsequent plant on the double pole that the plant must be removed within 30 days. The last utility to remove its plant from the double pole shall be responsible for removing the double pole within 60 days of removal of the last plant.
C. 
New poles. When the Commissioner of Public Works is notified of the pending installation of a new utility pole which is directly next to or in close proximity to another utility pole on a City street, road or right-of-way, the Commissioner, in his or her discretion, may provide written notice to the public utility which has the top plant on the double pole that the plant must be removed within 30 days. Upon the removal of each plant, the Commissioner shall provide written notice to the public utility that owns the subsequent plant on the double pole that the plant must be removed within 30 days. The last utility to remove its plant from the double pole shall be responsible for removing the double pole within 60 days of removal of the last plant.
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.