[Adopted as §§ 20-2-1 through
20-2-3 of the 1972 Code (Ch. 17, Art. I, § 17-15, of the
1990 Code of Ordinances)]
Any and all telegraph and telephone poles that
are now set or maintained in any of the public streets or highways
of this Town by any person, shall be set and maintained only upon
the following conditions:
A.
The Town shall at all times have the first right to
occupy and use such poles for supporting any and all wires used or
that may be desired to be used, by the Town and the departments of
its government aforesaid, and in such manner as such departments may
elect.
B.
The owner of, and all persons using or maintaining
any or all of such poles shall be responsible for and shall pay all
damages that have resulted, or may result, to the Town or to any person
in consequence of the careless and negligent setting, using or maintaining,
by such owner or user, of any of such poles.
C.
The setting, using and maintaining of any or all of
such poles shall at all times be subject to the regulations and directions
of the Town Council, and the owner or user of any of such poles shall
change the location of, repair or remove such poles, upon the order
of the Council.
D.
The owner
of, and all persons and companies using or maintaining, any or all
telephone or other utility poles, wires, cables or other associated
electrical or communication fixtures or appurtenances, shall cause
all of the same to be kept in proper and safe repair and condition,
and if the use thereof is abandoned, to immediately remove the same.
Whenever any of the same are defective for any reason or out of repair,
or when the use thereof has been abandoned, or when otherwise unsafe
to persons or property, the DPW Director shall notify and order any
person or company owning, using or responsible for the telephone or
utility poles, wires, cables or other associated electrical or communication
fixtures or appurtenances to make such repairs to put the same into
proper and safe condition, or to remove the same when the use thereof
has been abandoned.
[Added 2-12-2019 by Ord. No. 2019-2]
E.
The owner of, and all persons and companies using and maintaining, any or all telephone or utility poles, wires, cables or other associated electrical or communication fixtures or appurtenances shall have 48 hours from time of notification of the order by the DPW Director to repair or remove the damaged or abandoned telephone or utility poles, wires, cables or other associated electrical or communication fixtures or appurtenances as ordered by the DPW Director. Upon failure to do so, or failure to show good cause why the order of the DPW Director cannot be complied with in the time required, the DPW Director shall cause the same to be repaired or removed. The owner of, and all persons and companies using and maintaining, the telephone or utility poles, wires, cables or other associated electrical or communication fixtures or appurtenances repaired or removed by the DPW Director shall be responsible for paying the cost of the repair or removal of the same, as well as a fine in the amount of $1,500 and shall also be subject to the provisions of Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Lincoln.
[Added 2-12-2019 by Ord. No. 2019-2]
Every person who shall remove, change the location of, or in any manner interfere with, any of the wires that are or may be used by this Town, or by the several departments of its government, without the permission therefor of the Town Council, or the permission of the head of the department using the same, shall, upon conviction, be punished in accordance with Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Lincoln.
Every person who shall set, use or maintain, or shall cause to be set, used or maintained, and every person who shall do any work or be employed in setting, using or maintaining, any telegraph or telephone pole or line of poles, in any public street or highway of this Town, without license therefor being first had and obtained from the Town Council, shall, upon conviction, be punished in accordance with Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Town of Lincoln.
