[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. III, Art. VII, of the 1938 Code of Ordinances (Ch.
184, Art. I, of the 1981 Code)]
No pole for the carrying of wires of any kind shall be set up, no pipeline
or conduit shall be constructed, and no wires shall be strung or suspended
from any pole or poles or otherwise or passed through any pipeline or conduit,
nor shall any other thing whatsoever be passed through any pipeline or conduit,
except in accordance with the rules and regulations of the Board of Trustees
and after a license for the same has been issued by said Board.
Should the person or persons charged fail or refuse to perform any or
all of the duties prescribed in this article, then the Board of Trustees shall
cause the omitted duty or duties to be performed and the expense thereof to
be assessed upon the land of the owner thus failing or refusing.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this article.
[Adopted as Ch. XIV, Art. VI, of the 1938 Code of Ordinances (Ch.
184, Art. II, of the 1981 Code)]
Any person desiring to do any of the things enumerated in Article I shall file an application with the Board of Trustees showing:
A.
The proposed location of each pole to be set up or other
point of suspension to be used in connection with the stringing or suspending
of wires.
B.
The proposed course of any pipeline or conduit.
C.
The height of each pole proposed to be set up or the
dimensions of each part of any pipeline or conduit proposed to be laid.
D.
The number of arms to be attached to each pole and the
number of wires to be carried on each arm or through each part of any pipeline
or conduit.
E.
If anything other than wires is to be passed through
any part of any pipeline or conduit, a full statement of such other thing
and the quantity or volume thereof to be passed.
F.
A map or plan showing all details of the proposed construction.
Such applicant shall also file such other additional statements and/or maps
or plans as the Board of Trustees, in its discretion, may require. Such application
shall also show the name and address of the person proposing to undertake
such construction, the name and address of the person actually to be in charge
of the work, the name and address of the person for whose benefit or at whose
request the proposed construction is to be undertaken, what obstructions or
excavations in or upon any public place will be caused and the approximate
time such obstruction or excavations will remain.
Any person making application for a license under § 265-4 hereof shall not be required to obtain any other additional licenses to obstruct or excavate in any public place, but any license issued under the provisions of said § 265-4 shall be taken to authorize the making of such obstructions or excavations as shall have been specifically enumerated in the application therefor; provided, however, that any person obtaining such license shall comply with any and all provisions of the rules and regulations relative to the barricading, lighting and guarding of obstructions and excavations.
No license shall be issued upon any application made pursuant to § 265-4 hereof, even though it may have been approved by the Board of Trustees, unless and until there shall have been filed with the Board of Trustees a surety company bond in such penal sum as the Board may direct, but in no event in a penal sum less than $25,000 conditioned upon the applicant faithfully complying with all the terms and conditions of any permit issued to him and upon his indemnifying and saving harmless the Village of Babylon from any and all damages, claims for damages, loss, cost, charges or expense that may be brought against it by any person for or on account of any injury to person or property resulting from or occasioned by anything done pursuant to such permit or any matter or thing connected therewith and upon his making good any damages to person or property which any third party may have suffered by reason of any negligent or wrongful manner of doing anything whatsoever pursuant to such license or any matter or thing connected therewith.
Whenever the Board of Trustees shall be willing to grant a license under § 265-4 hereof, it shall cause the license to be prepared but not executed or delivered to the applicant; but a copy of such proposed license shall, upon request, be sent to such surety company as may be about to execute the bond herein required.
Upon the filing of the bond herein required with the Board of Trustees,
the Board shall thereupon execute and deliver to the applicant the license.
Such license shall authorize the person named therein to do such matters and
things for which permission shall have been applied as may be specified in
such license. It shall state any particular terms and conditions upon which
it may have been granted and shall, in any event, contain a recital that any
and all ordinances, rules and regulations of the Village of Babylon relative
to the erecting of poles, stringing of wires and laying of pipelines and conduits
are made a part of such license. In addition to the foregoing, such license
shall, when necessary, conform to the requirements of the rules and regulations
relative to excavations and to the provisions of the rules and regulations
relative to obstructions. The Board of Trustees shall keep a file of all such
licenses issued, and a copy of each license shall be filed therein.
No change shall be made in any license after a copy of it has been sent
to the surety company, unless the consent in writing of the surety company
upon the bond filed in connection with the application for such license shall
first have been obtained and filed with the Board of Trustees.
No pole shall be set nor wires strung nor pipeline nor conduit laid
in such manner as to obstruct the free flow of traffic in, along, upon or
across any public place nor so as to harm or interfere with any tree growing
in any public place.
Every pole set up must be marked with the name of the owner in clear
and legible letters at such height from the ground as to be readable therefrom.
No wires shall be strung at a height of less than 25 feet above the
ground.
Any system of poles, pipelines or conduits designed or intended to carry
wires charged with electricity, oil, gas or water shall be furnished and equipped
with all standard modem devices and appliances for the protection of persons
and property, and such devices and appliances shall be kept up-to-date, and
the approval of any device or appliance shall not be taken to continue after
the perfection of any newer and superior device or appliance.
Upon completion of work under a license issued pursuant to this article,
the provisions of the regulations relative to excavations and obstructions
shall apply as full and to the same extent as if they were set out at length
herein.
It shall be the duty of the person using any system of poles, wires,
pipelines or conduits constructed hereunder to maintain the same at all times
in good repair and to do whatsoever may be requisite and necessary to prevent
the same becoming a menace to persons or property.
The Board of Trustees shall require any person maintaining any system of poles, wires, pipelines or conduits to keep on deposit with it at all times such sum as, in its discretion, it may see fit, and the Board shall use the fund thus provided to reimburse the Village of Babylon or any other person for any loss, damage or expense to which it or he may be put or may suffer by reason of any violation of §§ 265-13 and 265-15 hereof, provided that the Board may, in its discretion, accept a surety company bond conditioned upon the faithful performance of §§ 265-13 and 265-15 hereof, such bond to be for the benefit of the Village of Babylon and/or any other person suffering loss or injury.
Nothing herein contained shall be taken or deemed as granting any franchise
for the use of public places of the Village of Babylon.
The applicant for a license to do any of the things enumerated in Article I shall pay the Board of Trustees a fee as set from time to time by resolution of the Board of Trustees before such license shall be granted.
[Added 11-30-1981 by L.L. No. 22-1981]
A.
Any person committing an offense against any provision
of this article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this article shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this article.
