For the purposes of this article, a "public utility" is defined as any person, firm or corporation supplying electricity, water or gas or distributing the same or sewer service by the use of pipes, poles, lines, cables or other fixed equipment under, upon, along or above street rights-of-way in the town; and for the purpose of this chapter any public utility shall be deemed to include any employee, nominee or independent contractor thereof performing work upon such facilities in the streets or in public places of the town whether under contract, direction, request or authority of the public utility.
(Ord. 29 § 1, 1959; Ord. 695 § 2, 2019)
From and after 15 days following the effective date of the ordinance codified in this chapter, it is unlawful for any public utility to use the street rights-of-way of the town without a valid and effective franchise granted by the town or the state and applicable to street rights-of-way of the town.
(Ord. 29 § 2, 1959; Ord. 695 § 2, 2019)
Franchises granted by the town for the use of streets shall be uniformly conditioned as follows:
A. 
All Franchises to Include Hold Harmless Provisions. Any franchise granted a public utility for the use of town streets shall include a provision wherein the grantee holds the town harmless from any liability by reason of the construction, operation or maintenance of its facilities under, along, upon or over street rights-of-way or other public places.
B. 
All Franchises to Include Assumption of Risk Provision. Any franchise granted a public utility under this chapter for the use of town streets shall include a provision wherein the grantee assumes the risk of injury to its facilities within street rights-of-way or other public places by the town.
C. 
Rights Conferred by Franchises to Be Subject to Police Power. Any franchise granted a public utility under this chapter for the use of town streets shall include a provision wherein the grantee by its acceptance thereof acknowledges that all rights conferred thereby are subject to the police power of the town to adopt and enforce general ordinances necessary for the safety and welfare of the people of the town; and that the grantee agrees to comply with all such general ordinances insofar as applicable to it.
D. 
All Franchises to Be Accepted within 30 Days. All franchises granted a public utility for the use of town streets shall include a provision that if, within 30 days after the granting of such franchise, the grantee shall have failed to file its written acceptance thereof with the clerk/treasurer of the town then such franchise shall be null and void.
E. 
All Franchises to Require Consent to Transfer. Any franchise granted a public utility, which is not also a municipal corporation, for the use of town streets shall include a provision requiring the consent of the town to any transfer thereof and shall provide that any transferee be equally bound by the terms thereof.
F. 
All Franchises Forfeitable upon Breach. Any franchise granted a public utility for the use of town streets shall include a provision whereby such franchise may, by the town council, be declared forfeited when, after 60 days' notice to the local manager thereof, the grantee shall not have cured a deficiency in its discharge of the obligation created by the franchise and all other applicable laws of the town.
G. 
No Franchise to Limit Right of Condemnation. Any franchise granted a public utility, which is not also a municipal corporation, for the use of town streets will include a provision that such franchise in no way limits the town in its exercise of the right of eminent domain; and, that in any purchase or condemnation of any of the grantee's property during the term of the franchise, the addition to the sum of all other elements of value of such property by reason of the element which is the right to occupy the public ways evidenced by such franchise, shall be no greater than the actual cost of obtaining such franchise as related to such property.
(Ord. 29 § 6, 1959; Ord. 695 § 2, 2019)
Any public utility using street rights-of-way within the town shall, upon request therefor, supply the town engineer, or other person to whom this responsibility may be delegated, with a map or maps to a uniform scale, showing as-built locations and the nature of its facilities within the street rights-of-way or public places and if such facilities are underground, the depth thereof, and any modifications thereof.
(Ord. 29 § 3, 1959; Ord. 695 § 2, 2019)
A. 
Any work affecting the location of its poles, pipes or conduits in, upon or along town streets by or at the instance of a public utility, as defined in YPMC § 13.04.010, shall be done only upon permit showing approval by the town engineer or other person to whom this authority may be delegated, and according to any applicable ordinances or resolutions of the town.
B. 
Such applications shall be accompanied by at least two maps to the same scale as the map required under YPMC § 13.04.040, if such is requested by the town.
(Ord. 29 § 4, 1959; Ord. 695 § 2, 2019)
Whenever it is deemed necessary to accommodate town work including, without limitation, the change of, or improvement to, grade of any street, its vacation or relocation, or in the absence of town work, if it is deemed necessary to satisfy the public need as determined by the town council, any public utility shall move its equipment and facilities within the street rights-of-way or other public places to conform to such work or public need.
(Ord. 29 § 5, 1959; Ord. 695 § 2, 2019)
Violation of any of the provisions of this article shall be a civil infraction and shall be punishable by a fine not to exceed $300.00.
(Ord. 29 § 7, 1959; Ord. 695 § 2, 2019; Ord. 751 § 3 (Exh. B), 2024)