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File #: 2015-2336    Version:
Type: Ordinance Status: Passed Finally
File created: 12/4/2015 In control: Committee on Public Works
On agenda: 12/15/2015 Final action: 12/21/2015
Enactment date: 12/21/2015 Enactment #: 69
Effective date: 12/28/2015    
Title: Ordinance amending the Pittsburgh City Code, Title 4: Public Place and Property, Article I: Public Rights-Of-Way, Chapter 415 - Openings and Excavations ; by amending language to Section 415.17.
Sponsors: Theresa Kail-Smith
Indexes: PGH. CODE ORDINANCES TITLE 01 - ADMINISTRATIVE

Title

Ordinance amending the Pittsburgh City Code, Title 4: Public Place and Property, Article I: Public Rights-Of-Way, Chapter 415 - Openings and Excavations ; by amending language to Section 415.17.

 

Body

WHEREAS, the duties of managing and maintaining telecommunications users of the public rights-of-way were originally vested in the Department of City Information Services, and said Department is now the Department of Innovation and Performance; and

 

WHEREAS, the Department of Public Works will now assume the duties of managing and maintaining telecommunications users of the public rights-of-way,

 

The Council of the City of Pittsburgh hereby enacts as follows:

Section 1.  Amending the Pittsburgh City Code, Title 4: Public Place and Property, Article I: Public Rights-Of-Way, Chapter 415 - Openings and Excavations ; by amending language to Section 415.17 as follows:

 

§ 415.17 - OTHER OBLIGATIONS.

(a)                     Obtaining a permit does not relieve a registrant of its duty to obtain all other necessary authorizations and to pay all fees and/or charges required by other city, county, state, or federal rules, laws or regulations.

(b)                     A registrant shall comply with all requirements of local, state, and federal laws.

(c)                     A registrant shall notify the [Director of City Information Systems and the] Director of the Department of Public Works in writing contemporaneously with the transmittal of any petitions, applications, written communications and reports submitted by such permit holder to the United States Federal Communications Commission, the Pennsylvania Public Utility Commission, or their successor entities, relating to matters affecting both the use of the public rights-of-way being provided in the public rights-of-way. A registrant shall furnish to the Director[s] of the Department[s] of [General Services and ]Public Works copies of such documents, upon request.

(d)                     A registrant shall perform all work in conformance with all applicable codes, established rules and regulations, and industry standards, and is responsible for all construction performed pursuant to its permit, regardless of who performs the construction.

(e)                     Except in the case of an emergency, and with the approval of the City, no construction may be performed during periods of extreme weather or where conditions are otherwise unreasonable for work permitted under this Article.

(f)                     A permit holder shall not interfere with the natural free and clear passage of water through gutters or other waterways.

(g)                     All persons registering under this Article shall belong to the "Pennsylvania One Call" system, also known as “811,” pursuant to 73 P.S. §176, et seq., as amended, or such other line location system recognized by the City.

(h)                     The Director of [City Information Systems]the Department of Public Works or his/her designee is hereby authorized to enter into a contract or contracts, and an agreement or agreements, for antenna and telecommunications equipment and services, site management, and providing for the costs thereof. Services shall include but not be limited to the evaluation of antenna space, leasing on rooftops, buildings, and City of Pittsburgh property, rights-of-way, easements or other uses of public property over or under any public streets, bridges, sidewalks or other public ways[and rights-of-way.]