Chapter 5.36
FRANCHISES
Sections:
5.36.010 Agreement required for construction or excavations.
5.36.030 Poles—Size and setting.
5.36.040 Number of poles at intersection.
5.36.060 Penalty for violations.
5.36.070 Repairs and extensions.
5.36.010 Agreement required for construction or excavations.
No person, corporation or public utility district shall build or construct or extend any railroad of any kind, or any street railway, telegraph line, telephone line, electric light line, cable, water line or fiber optic line, in any street or alley of the city without first obtaining a franchise agreement therefor from the city council. No person or corporation shall make excavations of any kind, or place any pole, or deposit any material or anything in any street or alley of the city, for the purpose or with the intention of building, constructing or extending any such railroad, street railway, telegraph line, telephone line, electric light line, cable, water line or fiber optic line without first obtaining such franchise agreement from the city council. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 1, 1905)
5.36.020 Agreement—Granting.
If a person or corporation applying to the city council for any such permit shall have a valid and existing franchise or permission for the structure desired under any valid ordinance of the city, it shall be the duty of the council to grant such agreement, if necessary, to the proper exercise of such franchise; provided, that the work is done under the supervision of the city engineer/public works director or other designated officer or employee of the city. The city council, in granting any such permit, so regulates and defers the granting thereof, that the sufficient portion of such street, alley or public place shall, as far as possible, be open for public use for the purpose of traffic, and in all cases any work of the city or its contractors or employees shall have precedence over all other work of every kind. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 2, 1905)
5.36.030 Poles—Size and setting.
All persons, companies or corporations whatsoever, now occupying or which shall hereafter occupy the streets or the alleys of the city by means of poles and wires for the transmission of electricity, or any other purpose, are hereby prohibited from placing their poles save and except as hereinafter designated: All poles shall be not less than fifteen inches at the butt and taper to not less than nine inches at the small end, and shall be thirty-five feet from the top of walk grade to the top of the pole. All poles shall be set so that the side of the pole facing the street shall be twelve inches from the centerline or face of the curb. At street intersections, poles must be set at each corner of the street. All poles shall be shaved and painted any uniform color. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 3, 1905)
5.36.040 Number of poles at intersection.
At each street corner within the city there shall be but one pole for carrying the wires running along both north and south and east and west intersecting streets so that at street intersections there shall not be more than one pole on each of the four corners. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 4, 1905)
5.36.050 Nuisance.
All railroads, street railways, telegraph lines and electric light lines, posts, wires, poles and other structures, or other apparatus, constructed, maintained or placed in any street or alley of the city, in violation of this chapter, shall be deemed a public nuisance, and shall be abated with or without action, and such other proceedings shall be taken thereof as are authorized by law for the prevention, abatement or punishment of nuisance. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 5, 1905)
5.36.060 Penalty for violations.
Any person or corporation who shall violate this chapter or aid any violation thereof shall be deemed guilty of causing a public nuisance, and on conviction thereof shall be punished with a fine of one thousand dollars, or by imprisonment in the city jail for a term not to exceed ninety days. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 6, 1905)
5.36.070 Repairs and extensions.
It shall be no defense to any prosecution or proceeding under this chapter, that the franchise to build or construct such railroad, railway, telegraph line, telephone line, electric light line, cable, water line or fiber optic line has been granted by an ordinance of the city, but this chapter shall not be so construed as to require a permit for the making of any ordinary repair to any structure, when such repairs are made in good faith and not for the purpose of making any extension to any such structure. It is expressly understood that the replacing of any pole in any street of the city with another pole is an extension of the system, and not a repair within this chapter. (Ord. 1721-11 § 6 (part), 2011: Ord. 15 § 7, 1905)