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(A) Permit required. No poles for electric, telegraph, telephone or other purposes shall be placed on any street right-of-way without a permit issued by the zoning officer or some other officer of the town vested with that authority.
(OC, § 4-3-1)
(B) Use of poles by others. Whenever any electric, telephone or telegraph company shall desire to place a line of wires along any particular street upon which it does not have a line of poles, but upon which street there exists a line of poles owned by another company, then such companies may maintain their wires upon the same poles. If an agreement cannot be reached between the companies owning the poles and the companies desiring to place wires thereon, then the companies may submit the question of compensation to three disinterested persons for arbitration or they may submit the same to the Board of Commissioners for determination. This section shall apply to poles owned by the town as well as poles owned by companies operating under franchises.
(OC, § 4-3-2)
(C) Duty to keep in safe condition. It shall be the duty of the owners of all poles supporting electric, telephone or telegraph wires to keep the same in a safe condition, and for that purpose inspect the same once every three months.
(OC, § 4-3-3)
(D) Use by town. One duct in all underground conduit systems shall be provided, free of charge, for the town police or fire alarm telegraph system when required, and the town shall have the use of any and all poles on streets for the same purposes.
(OC, § 4-3-4)
(E) Cutting, painting and the like, utility poles prohibited; exception. It shall be unlawful for any person to deface, injure by cutting, painting, posting of bills or other materials on, any telegraph, telephone, electric light or power pole on any street or public place in town; provided that nothing herein shall be construed to apply to any officer or employee of the town, or of the utility company removing any pole in the discharge of his duty.
(OC, § 4-3-5)
(Ord. passed 11-10-88) Penalty, see § 10.99
EXCAVATIONS AND REPAIRS
It shall be unlawful for any person to make any excavation or opening or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place in the town for the purpose of laying or placing therein any pipe, wires or poles or for any other purposes unless a written permit therefor has been issued by the Town Manager or some other officer of the town vested with that authority.
(OC, § 4-1-11) (Am. Ord. passed 11-10-88)
Statutory reference:
Establishment and control over municipal streets, see G.S. § 160A-296
(A) All persons desiring a permit to make an opening in any street or sidewalk, as set forth in § 93.025, shall make written application therefor. The application shall specify the location, character and extent of the proposed work as set forth in § 93.025, the applicant’s name and the name of the person who is to conduct the work. The application shall be accompanied by a fee as set forth in the published rate schedule of the town.
(B) The permit shall specify a time period within which the work shall be started and completed and shall further specify that it shall become void if the work authorized therein is not conducted within the specified time period. Notice of the proposed work shall be given to the police department 24 hours in advance of beginning the work. In an emergency the notice shall be given as soon as possible. The permit shall further provide that it is subject to revocation at any time by the Board of Commissioners, director of public works or Town Manager. It shall be unlawful for any person to neglect or refuse to comply with the provisions of the permit, or to conduct or continue any work after the expiration or revocation of the permit.
(OC, § 4-1-12) (Am. Ord. passed 11-10-88)
Any person obtaining a permit as provided for in §§ 93.025 and 93.026 agrees as a condition of the issuance of the permit, to indemnify the town against any claims or expenses, including attorney's fees for bodily injury or property damage for accidents or occurrences arising out of the person’s operations, excluding only the liability of the town for its sole negligence.
(OC, § 4-1-13)
(A) When any part of any street, sidewalk, alley or other public place of the town shall be torn or dug up for any purpose, the person making the excavation or opening shall, immediately upon completion of the work and as speedily as practicable, refill the excavation or opening in accordance with town standards and specifications and to the satisfaction of the Director of Public Works and the Town Manager. Any person neglecting, refusing or failing to comply with any provision of this section shall be guilty of a violation, and where the neglect, refusal or failure is continued, after notice from the Town Manager, everyday's continuance shall constitute a separate and distinct offense.
(B) It shall be unlawful for any person, firm or corporation to drag or run, or cause to be dragged or run any implement, engine, machine or tool upon any asphalt, or other type of permanently paved street of the town which shall be liable in any way to injure or cut the surface thereof.
(C) When any street, sidewalk, alley, or other public place is excavated, cut, or damaged, the person causing such excavation, cut, or damage shall restore the facility to its previous condition (including patching or re-paving with asphalt or concrete as required by the town) as soon as possible, but in no case later than 60 days, unless an extension of this period is granted, due to weather or other reasonable conditions, by the Town Manager or Public Works Director.
(D) In addition to any other penalties set forth for violations of this code, persons who fail to obtain a proper permit for a street excavation, who fail to speedily re-fill or maintain an excavation, and/or who fail to properly patch or re-pave an excavation shall be liable to civil penalties as follows.
(1) Failure to obtain an excavation or encroachment permit: $50 per day.
(2) Failure to speedily re-fill or maintain fill in an excavation: $50 per day.
(3) Failure to patch or re-pave an excavation, cut, or damage within 60 days: $50 per day.
(OC, §§ 4-1-14 and 4-1-16) (Am. Ord. passed 11-10-88; Am. Ord. 2010-016, passed 6-15-10) Penalty, see § 10.99
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