§ 15-4. Utility companies.

(a)

No person engaged in the business of operating a public utility, such as that involving the generation, transmission or distribution of electricity, the maintenance or operation of mains or pipe lines for the transmission or distribution of gas or oil for consumption as fuel, heat or lighting purposes, the operation of any system or systems of communications through the use of telephonic or telegraphic equipment, the operation of transportation systems, either passenger or freight, including bus, truck, railroad, tramroad, and other similar transportation systems, or any other business of a like or similar nature, commonly known, considered and defined as a public utility, or any of its or their officers, agents or employees, shall hereafter use or occupy any of its or their officers, agents or employees, shall hereafter use or occupy any of the streets, alleys, sidewalks and other public places, and obstruct the same or any part thereof, by erecting, constructing, maintaining, installing or operating poles, wires, equipment and appurtenances therein in connection with the operation of such business or businesses within the corporate limits of the city without first having acquired such a right or privilege so to do by franchise from the city council and without first having paid to the city an adequate and just compensation therefor, in an amount and upon such terms and conditions as may be prescribed by the city council; provided, however, any public utility making payments in lieu of the license tax levied under section 10-41 et seq., shall be exempt from the provisions of this section.

(b)

When the utility determines that a tree or trees, bushes, vines or any other vegetation located on city property or other public property has become or is becoming an obstruction to any of the poles, lines, wires, equipment or other utility property as it may relate to such business or businesses, then that utility is responsible for the complete removal of the trees, bushes, vines, or other vegetation. It is the intention of this section to require the utility to completely remove any tree or trees, bushes, vines or other vegetation including stumps rather than the trimming of trees which alters their natural appearance.

(c)

Before cutting any tree or removal of any vegetation, the utility is required to obtain a permit from the public works department. The permit as issued will contain requirements of the extent and method of removal and stump grinding.

(d)

Any vegetation trimmed or removal from public property without a permit or in non-compliance with the permit shall result from a penalty of five hundred dollars ($500.00) per incident.

(Code 1955, § 20-17; Ord. No. 2269, §§ 1—4, 4-17-2012)