Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Power to furnish light, power and heat, RC 715.06, 717.01
Power to erect electric works, RC 743.34
Erection of electrical fixtures on streets; permit, CO 503.05
Municipal use of pole line, CO 503.06
Electrical wires injuring or killing trees, CO 509.09, 509.10
Provisions and rates for sale of electricity, CO Ch 523
No person, firm or corporation shall place, erect, maintain or permit to remain any wires, cables or poles for supporting the same, on or above the surface of any of the streets, alleys or public grounds hereafter enumerated as Schedule A. This shall not be held to apply, however, to arc lights for street lighting or to the poles and wires for the same, or to trolley and feed wires or to the poles supporting the same. By special permission from the Director of Public Service, revocable at the pleasure of the Director, distributing poles may be set on any of the streets, alleys or public grounds that are now, or may hereafter become, a part of Schedule A, if in his opinion, it is impracticable to distribute the wires in any other manner.
SCHEDULE A
St. Clair Ave. from W. 9th to E. 9th St.
Frankfort Ave., N.W.
Superior Ave. from W. 9th to E. 9th St.
Long Ave. N.W., from Columbus Rd., N.W. to W. 3rd St.
Champlain Ave. N.W., from Canal Rd. N.W., to Ontario St.
Euclid Ave. from Public Square to E. 22nd St.
Prospect Ave., from Ontario St. to E. 14th St.
W. 9th St., from Front Ave. N.W. to Superior Ave. N.W.
Columbus Rd. S.W. from Superior Ave. N.W. to Canal Rd. N.W.
W. 6th St., from Front Ave. N.W. to Superior Ave. N.W.
W. 3rd St. from Lakeside Ave. N.W. to Canal Rd. N.W.
Ontario St., from Lakeside Ave. to Eagle Ave. S.E.
E. 3rd St. from St. Clair Ave. N.E. to Superior Ave. N.E.
E. 6th St., from Lakeside Ave. N.E. to Euclid Ave. N.E.
E. 4th St., from Euclid Ave. to Woodland Ave. S.E.
The Public Square
E. 9th St., from Summit Ave. S.E. to Woodland Ave. S.E.
Rockwell Ave., N.E. from Public Square to E. 9th St.
Hamilton Ave. N.E. from Ontario St. to E. 9th St.
Vincent Ave. S.E. from E. 6th St. to E. 9th St.
Huron Rd. S.E. from Ontario St. to Euclid Ave.
E. 2nd St.
High Ave.
Bolivar Rd. S.E. from Ontario St. to Prospect Ave. S.E.
W. 25th St. from Washington Ave. S.W. to Lorain Ave.
Lorain Ave. from W. 25th St. to W. 59th St.
Detroit Ave. from W. 25th St. to W. 28th St.
Johnson Ave. N.W., from W. 9th St. to W. 6th St.
Woodland Ave. S.E., from E. 9th St. to E. 55th St.
Michigan Ave. N.W., from Canal Rd. N.W. to Ontario St.
Howe Ave. N.W., from W. 3rd St. to Ontario St.
W. 4th St., from St. Clair Ave. N.W. to Lakeside Ave. N.W.
Fountain Ct. N.W., from W. 3rd St. to Ontario St.
Noble Ct. N.W., from W. 3rd St. to Ontario St.
W. 2nd St., from St. Clair Ave. N.W. to Lakeside Ave. N.W.
Superior Ave. N.W., from W. 9th St. to Cuyahoga River
E. 8th Pl., from Euclid Ave. to Prospect Ave. S.E.
E. 3rd Pl., from Euclid Ave. to Prospect Ave. S.E.
Theresa Ct. N.E., from E. 3rd St. to E. 9th St.
W. 2nd St., from Public Square to St. Clair Ave. N.E.
E. 4th St. from St. Clair Ave. N.E. to Lakeside Ave. N.E.
Every person, firm or corporation now or hereafter owning or operating any wires, cables or poles used for supporting the same, located on or above the surface of any streets, alleys or public grounds in the City hereafter enumerated as Schedule B, shall remove or cause to be removed, from above the surface of any of the streets, alleys or public grounds, or parts thereof, all such cables, wires and poles used for supporting the same, to the extent of at least ten miles, street measurement, for each such person, firm or corporation, during the remainder of the year 1914, and to the extent of at least fourteen miles, street measurement, for each such person, firm or corporation, during each and every calendar year thereafter, beginning with January 1, 1915. This shall not be held to apply, however, to arc lights used for street lighting, or to the poles and wires for the same, or to trolley and feed wires used for street cars, or to the poles supporting the same.
Every such person, firm or corporation shall, during the month of October of each year, submit a plan and schedule to the Director of Public Service, showing the particular territory within which the person, firm or corporation proposes to remove or place underground during the following calendar year its wires, cables and poles for supporting the same, to the extent of fourteen miles, street measurement.
Every such person, firm or corporation shall also, during the first thirty days after this chapter becomes effective, submit a plan and schedule to the Director showing the particular territory within which the person, firm or corporation proposes to remove or place underground during the remainder of the year 1914, its wires, cables and poles for supporting the same, to the extent of ten miles, street measurement.
The Director of Public Service shall have the right to change the schedules and plans submitted, or to substitute therefor other schedules and plans, designating the territory for each person, firm or corporation within which its wires, cables and poles for supporting the same shall be removed or placed underground. No such plan or schedule shall be changed, however, to include any street, alley or public ground not enumerated herein as a part of Schedule B.
The Director of Public Service shall, during the month of November of each year, return to the several persons, firms or corporations the plans and schedules submitted, with such changes or substitutions as he has seen fit to make, and with his approval, and such plans and schedules as approved and returned, shall be binding upon the several persons, firms or corporations. Each such person, firm or corporation shall during the following calendar year remove its wires, cables and poles for supporting the same in accordance with the schedule and plan approved and returned by the Director. The schedules and plans for the remainder of the year 1914, however, shall be returned by the Director within forty days after this chapter takes effect, and these schedules and plans as approved and returned by the Director, shall be binding upon the several aforesaid persons, firms or corporations, who shall during the remainder of the year 1914 proceed to remove or place underground their wires, cables and poles in accordance therewith, to the extent of ten miles, street measurement.
SCHEDULE B
St. Clair Ave., from E. 9th St. to E. 125th St.
Superior Ave., from E. 9th St. to E. 125th St.
Wade Park Ave., from E. 66th St. to E. 118th St.
Payne Ave., from Superior Ave. to E. 55th St.
Lexington Ave., from E. 55th St. to E. 79th St.
Hough Ave., from E. 55th St. to Ansel Rd., N.E.
Euclid Ave., from E. 22nd St. to easterly City limits
Prospect Ave., from E. 14th St. to E. 55th St.
Carnegie Ave., from E. 22nd St. to E. 89th St.
Cedar Ave., from E. 22nd St. to E. 107th St.
Central Ave., from Central Viaduct to E. 85th St.
Quincy Ave., from E. 55th St. to Woodhill Rd., S.E.
Scovill Ave., from E. 9th St. to E. 55th St.
Woodland Ave., from E. 55th St. to Woodhill Rd., S.E.
Buckeye Rd., from Woodland Ave. to Woodhill Rd., S.E.
Kinsman Rd., from E. 55th St. to Woodhill Rd., S.E.
Broadway, from E. 34th St. to Miles Ave., S.E.
Miles Ave., from Broadway to E. 110th St.
Broadway, from Bolivar Rd. to Pittsburgh Ave., S.E.
Pittsburgh Ave. S.E., from Broadway to E. 34th St.
E. 34th St. from Orange Ave. to Broadway, S.E.
Orange Ave., from Broadway to E. 34th St.
E. 49th St., from Broadway to Fleet Ave., S.E.
Fleet Ave., from E. 49th St. to E. 71st St.
E. 71st St., from Fleet Ave. to Harvard Ave.
E. 22nd St., from Euclid Ave. to Broadway, S.E.
E. 55th St., from Lake Erie to Broadway, S.E.
E. 79th St., from Lexington Ave. to Hough Ave.
E. 105th St., from Lake Shore & Michigan Southern R.R. to Quincy Ave.
Woodhill Rd., from Quincy Ave. to E. 93rd St.
E. 93rd St., from Woodhill Rd. to Miles Ave.
Harvard Ave., from Broadway to E. 71st St.
Detroit Ave., from W. 28th St. to W. 117th St.
Franklin Ave., from W. 25th St. to W. 65th St.
Bridge Ave., from W. 25th St. to W. 65th St.
Madison Ave., from W. 65th St. to W. 117th St.
Lorain Ave., from W. 59th St. to W. 110th St.
Clark Ave., from W. 14th St. to Lorain Ave.
W. 65th St., from Clark Ave. to Detroit Ave.
Fulton Rd., from Franklin Ave. to Denison Ave.
W. 25th St., from Lorain Ave. to Pearl Rd.
Pearl Rd., from W. 25th St. to City limits
Abbey Ave., from W. 25th St. to W. 14th St.
Scranton Rd., from Abbey Ave. to Clark Ave.
W. 14th St., from Central Viaduct to Clark Ave.
Whenever the placing of the wires and cables underground as referred to in Sections 521.02 to 521.05 would necessitate the tearing up of the pavement in any street then in good condition and where there is not sufficient room between the curb and the sidewalk for the laying of the necessary conduits underground, then if such wires and cables are suspended from poles following the rear lot lines of the lots bounding and abutting upon the street from which such wires are so removed, when such work has been done and the wires, cables and poles removed from the street, then the same shall be deemed a satisfactory substitute for the literal compliance with the requirement of Sections 521.02 to 521.05. The parties so complying with the provisions of this section shall thereby be relieved from further obligation to comply with the abovementioned sections in so far as the same relate to that portion of the street from which the wires, cables and poles have been removed.
(Ord. No. 75427. Passed 8-16-26)
Whenever in any one calendar year any person, firm or corporation shall remove or place underground wires, cables and poles in excess of the fourteen miles, street measurement, required by this chapter, the amount in excess, or any part thereof, if removed or placed underground with the approval of the Director of Public Service, shall in any subsequent calendar year that the person, firm or corporation may elect, be counted a part of the fourteen miles, street measurement, of wires, cables and poles required by this chapter to be placed underground or removed in that year.
When two or more persons, firms or corporations own jointly any wires, cables or poles, and place underground or remove the same in accordance with a plan and schedule approved by the Director of Public Service, each person, firm or corporation shall be credited with the amount so removed.
When all the wires, cables and poles, except trolley and feed wires used for street cars, and the poles supporting the same, and arc lights used for street lighting and the poles and wires for the same, and such distributing poles as the Director of Public Service has approved, have been removed from above the surface of any of the streets, alleys or public grounds of the City, enumerated in Schedule B, in accordance with plans and schedules approved by the Director, all such streets, alleys or public grounds, or parts thereof, shall thereupon automatically become a part of Schedule A, and shall be subject to the provisions of this chapter governing the same.
In new subdivisions of ten or more lots, all telephone, electric power and street lighting wires, conduits or cables to serve lots in such subdivision shall be constructed underground upon easements provided for the utilities, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located upon easements. All underground wiring shall be constructed in accordance with standards and regulations promulgated by the Public Utilities Commission of Ohio.
No such subdivision shall be approved by the Platting Commissioner nor shall any permit be issued by the Commissioner of Building for the construction of any building within a subdivision unless proper provision has been made to comply with the requirements of this section.
(Ord. No. 1287-66. Passed 6-27-66, eff. 6-30-66)
Any person, firm or corporation which violates or fails to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and the costs of the prosecution. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.