[Adopted as Art. 905 of the 1965 Codified Ordinances]
[Amended 2-16-1956 by Ord. No. 1486]
From and after the first Monday of September 1915, it shall be unlawful for any electric light, electric power, telegraph, telephone or other electric companies, or any corporation, partnership or individual, to erect, maintain, continue, use, operate or employ on any street, court, avenue, lane or alley, in that portion of the City bounded on the north by the Bushkill Creek, on the east by the Delaware River and Lehigh River, on the south by the C.R.R. of N.J. right-of-way, and on the west by the center line of Seventh Street, any pole or any overhead wire, overhead cable or device or apparatus above the surface of the ground, by, through, over or by means of which electricity is, has been or may be in any way transmitted, conducted or conveyed for the purpose of electric light, electric power, telegraph, telephone or other electric service, or keep, continue, maintain, use, operate or employ any such pole or any overhead wire, cables, devices and apparatus, as aforesaid, shall at and after such date be deemed and become a public nuisance, except the use of existing poles in such restricted area for the attachment thereto of cables and wires as may be necessary for use in community antenna transmission of television pictures and sound. However, the amount of electrical current or power contained in such cables and wires shall not be in excess of five volts, and except such poles and wires as may be necessary for the purposes of reaching places of business, factories and residences at the terminals of underground wires.
[Amended 8-2-1912 by Ord. No. 1672]
Each and every pole, overhead wire, cable, device and apparatus, as aforesaid, except poles and wires used for terminal purposes in connection with underground wires in such portion of the City owned, controlled, operated, employed or used by any and all light, power, telegraph, telephone or other electric companies, or by any corporation, copartnership or individual for any of the aforesaid purposes, shall be taken down and removed before the first Monday in September 1915 by and at the cost and expense of the company, corporation or individual so owning, controlling, operating, employing or using the same.
[Amended 8-2-1912 by Ord. No. 1672]
A. 
The City shall at all times have the right and power to place within any underground system, and use and operate therein, all the wires, cables, devices and apparatus necessary to or used by the City for fire alarm, streetlighting, police or call system purposes, and to place, replace, alter, repair, replenish and maintain the same in conduits carrying wires of like tension. Every such corporation, company, copartnership or individual making and constructing conduits or subways under the provisions of this article shall reserve therein space for the purposes aforesaid in an amount equal to 25% for the accommodation of wires, cables, devices and apparatus necessary for the use of the City as herein set forth.
B. 
Any person, utility or company desirous of installing a pole within a public right-of-way shall first apply for a permit for installation at the Bureau of Engineering. The applicant shall pay the appropriate application fee and shall provide the proposed location, depth, height, material and size of the pole. The applicant shall also show all nearby underground utilities and facilities and surface objects such as guide rail, walls, trees, signs, buildings, balconies, wires, other poles, etc. The Office of the City Engineer reserves the right to deny the installation. If the application is approved, the applicant shall pay the permit fee. The applicant shall notify the Bureau of Engineering at least 24 hours prior to installation.
[Added 4-27-2011 by Ord. No. 5308]
[Amended 8-2-1912 by Ord. No. 1672]
The entire system used and all the devices, means, appliances and apparatus and every part thereof, so far as the same may relate to or in any way affect or endanger or tend to affect or endanger the safety of the public, or the police or fire apparatus or the lines of the City, shall at all times be open to the inspection and be under the supervision and subject to the approval of the Department of Public Works.
[Amended 2-16-1956 by Ord. No. 1486]
Poles used for terminal purposes and the wires thereon shall not be connected with any other pole or terminal pole, but all wires on such terminal poles shall be connected with the place of business, manufacture or residence for which the wires are to be used. Where poles are already erected and carry overhead wires and cables of utility companies, such use may be lawfully extended to include the wires and cables necessary for community antenna purposes.
[Amended 2-16-1956 by Ord. No. 1486]
No wires, equipment or cables may be placed upon existing poles under the provisions of § 515-28 for the purpose of providing community antenna service, unless a map or plan showing the location is first approved by the Director of Public Works and the City Engineer. Reasonable conditions to protect the public interest with respect to the erection, maintenance, use and removal of such wires, equipment and cables shall be imposed by regulation duly adopted by Council.
[Amended 6-11-1975 by Ord. No. 2296]
From and after April 23, 1975, the date of a Council resolution establishing new right-of-way lines for South Third Street, Smith Avenue and St. John Street, it shall be unlawful for any electric light, electric power, telegraph, telephone or other electric company, or any corporation, partnership or individual, to erect or install overhead or above the surface of the ground within or along the boundaries of the new right-of-way lines of the aforesaid streets, any pole, wire, cable, apparatus or device by, through, over or by means of which electricity is or may be in any way transmitted, conducted or conveyed for the purpose of electric light, electric heat, electric power, telegraph, telephone, community antenna transmission services or any such similar uses.
[Amended 10-22-1964 by Ord. No. 1842]
Any person violating any of the provisions of this article, upon conviction, shall be fined not more than $300 and, in default of payment of fine and costs, imprisoned not more than 90 days.