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SECTION 11.71 PLACEMENT OF POLES, WIRES AND TELECOMMUNICATIONS EQUIPMENT IN, ALONG OR ON PUBLIC WAYS

.1 Permit required for installation of telecommunication equipment and devices

No provider of telephone, telegraph, electric power or telecommunications service shall install, construct, maintain, relocate or remove underground conduits, manholes, house connections, poles, cables, wires or telecommunications devices of any type in, on, along or on a public way without permission of the City Council.

A provider of telephone, telegraph, electric power or telecommunications service may petition the City Council for a permit to install, construct, maintain or remove equipment and sustaining fixtures. Said petition shall be accompanied by a specific description of the equipment to be installed, a statement of the location to which the petition applies and a plan showing the portion or portions of the street to be occupied and the names and addresses of all abutters.

The City Council may, after a public hearing as required by Chapter 166 of the Massachusetts General Laws, issue a permit for the installation of such equipment under such conditions, restrictions and limitations as it deems necessary to promote the public health, safety and welfare of the residents of Malden; provided that no permit shall be issued for a pole to be constructed within ten feet of a hydrant, or in a manner or locations which in the judgement of the City Engineer, the Director of Public Works will interfere with any water pipe, shade tree, drive way, or intersection of streets.

The City Engineer, the Director of Public Works and the Inspector of Wires shall be given notice of the time and date of such hearing and shall provide written recommendations relative to the petition.

No company executing a permit granted hereunder shall allow any other provider the use of said poles or conduits without permission of the City Council, granted after hearing and notice as provided in this section.

The fee for any permit granted hereunder shall be $500.00.

.2 Removal of equipment upon order of the City Council The City Council may order the removal or relocation of any equipment installed by permit granted under this section when it determines that the existence or location of said equipment will interfere with the construction or expansion of a public works project. Removal or relocation shall be made without unreasonable delay and shall be done at the expense of the owner. Prior to ordering removal or relocation under this section, the City Council shall provide notice and an opportunity to be heard to the owner of the equipment in question.

.3 Poles installed at request of City

The Wire Inspector may, when it is deemed necessary in the interest of public safety to illuminate a portion or portions of a street, request that a pole be installed on city property for said purpose.

Said poles shall be installed at the expense of the provider of power; provided that the City shall bear the cost of power consumed.

The City may attach to said poles, at its own expense, such additional signage and equipment as are deemed necessary for the efficient conduct of its business; provided that the city shall bear the cost of power consumed by any such equipment; and provided further, that the city shall indemnify and hold the provider harmless from any damage or claims arising from the installation of signage or equipment.

.4 Conditions precedent to commencement of work; Limitations on execution of work

Work shall commence within six months of approval of a permit by the City Council. Failure to commence work within the specified time shall render the permit void.

Upon the commencement of work, the permit holder shall file with the City Engineer a plan showing the location of every post or pole to be located on a public way. Said plan shall include a notation of the provider’s identifying sign as appearing on the pole.

Prior to the commencement of work, every permit holder shall execute and agreement with the City providing that: .1 In every underground conduit, one duct, not less than three inches in diameter, shall be reserved and

maintained free of expense for use by the city and that the City and its agents shall be provided access to such conduits upon request;

.2 On every pole, the City shall have the exclusive use of sufficient space, brackets and attachments for

installation of no less than one cable. No other wires or cables shall be installed within twenty-four inches of space reserved for use by the City.

.3 The provider will indemnify and hold the City harmless from any claims arising from the rights granted it by the City.

.4 The provider recognizes the city’s right to order removal of any equipment upon reasonable notice and will comply with any such order.

.5 That the company will, as soon as construction is complete, remove thereto such equipment as any conduit or pole is intended to accommodate;

.6 That all users of a pole or conduit will be notified by the owner if a pole is to be relocated or its use discontinued.

.5 Minimum Standards for Construction and Maintenance of Poles, Conduits, Fixtures and Equipment

No provider of telephone, telegraph, electric power or telecommunications service shall install or construct a pole except in conformance with the following minimum standards: .1 Poles shall be of iron or suitable wood;

.2 Wooden poles shall be painted or stained and no less than 25 feet in height;

.3 Poles shall be clearly marked, at a height of not less than 5 feet nor more than 7 feet, with the name of the owner and an identifying number;

.4 Poles shall be set in the ground at a depth of no less than five feet and shall be straight; .5 The minimum top circumference of poles shall be fifteen inches;

.6 The minimum circumference at a height of 6 feet from the butt shall be 24 inches;

.7 Except for purposes of street lighting, no wire shall be attached at a height of less than 18 feet;

.8 All wires shall be supported on cross arms or suitable brackets and guarded or braced as required by the Inspector of Wires;

.9 The distance between poles shall not exceed 132 feet; .10 Maintenance, installation, repair or replacement of equipment, poles and conduits shall be performed only on Monday through Saturday between the hours of 8 a.m and 9 p.m.; provided, when in the opinion of the Police Chief, a serious emergency exists such that immediate repair of equipment is necessary to preserve the public safety, work may be performed at such times and places, to such an extent and with such police details as he may permit.

No provider of telephone, telegraph, electric power or telecommunications services shall permit severed wires or cables, whether or not power is being transmitted through them, to remain connected to poles or other fixtures. Failure to remove a wire or cable within 14 days of having received notice that it has been severed shall be punished in the manner provided in Chapter 40 Section 21D by a fine of $100.00. Each 24 hour period during which a severed cable or wire remains on a pole or fixture in violation of this ordinance shall be a separate offense, punishable by an additional fine.