(A) Permit for erection of poles-required.
(1) No person, excepting representatives of the city, shall erect any pole on any of the streets, alleys, sidewalks or other public places of the city or erect or string any wire or wires on any such pole erected on private property within the city; or change the lines, locations or height; or make an extension of any such lines or poles already erected or to be erected in the city, for any of such purposes, without first having obtained from the Public Works Director of the city a permit to do so.
(2) It shall be unlawful for any person in any street, alley or sidewalk to erect or use within the city any post or pole without first having obtained a permit to so erect and use such pole; and any permit to erect and use such posts or pole within the city shall be void unless the place where such posts and poles are erected is designated in the permit.
(3) Any person erecting or using such posts or poles without having first obtained a permit as aforesaid shall be fined ten dollars ($10) for each offense, and each day during which any one of such posts or poles is erected or used shall be deemed a separate offense.
(B) Application for erection of poles. Any person desiring to obtain a permit under division (A) shall make application therefor, in writing, to the Public Works Director, which application shall state the number and kind of poles to be erected, the height of each above the ground, the location of each, and the purpose for which the same are to be used. Upon such application being made to the Public Works Director, he may proceed to act upon it, or he may refer the application to the City Council and the City Council may grant or refuse such privileges, or it may make such change or changes as it shall see fit in the terms thereof.
(C) Regulation of poles.
(1) To the extent possible, all persons shall use existing poles and conduit existing at the time of permitting in installing their facilities.
(2) All poles or wire holding structures are subject to any applicable, duly adopted regulations regarding location, height, type, or other pertinent aspect.
(3) All transmission and distribution structures, poles and other lines and equipment installed or erected by a person under this section shall be located so as to minimize any interference with the proper use of the right-of-way with the rights and reasonable convenience of property owners whose property adjoins or abuts any affected right-of-way. Subject to applicable codes, overhead drops shall be as close as possible to other utility drops in order to concentrate the drops in as small an area as possible to minimize visual clutter and interference with the use of private property.
(4) Any pole erected by any person must be reasonably straight, of first-class material, neatly shaven and well-painted, and shall be so kept during the existence of such privilege.
(5) Any person now granted or hereafter granted the privilege or franchise of erecting poles or support for their wires, are hereby required to erect the same independent of any and all shade trees or other trees planted by the city or any property owner, planting or sustaining such trees in the front of his property in the city.
(D) Indemnification. Any person obtaining a permit under this section shall bind itself to protect, indemnify and hold harmless the city and the citizens thereof, from any damage or liability that may arise on account of any infringement by the person of the rights of any other person. It shall also protect and indemnify the city and the citizens thereof from all damage and liability by reason of the location of such poles, appliances and fixtures, or by reason of any other act of such company.
(Ord. 2016-21, passed 9-20-16)