San Jose Municipal Code Part 1 Definitions and Regulations

For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.

A. "Main circuits" means and includes circuits operated in excess of seven hundred fifty volts.

B. "Main communication lines" means and includes all toll lines and trunk lines.

C. "Person" means and includes any person, firm, partnership, association, corporation, public utility, organization or business trust.

D. "Pole" means and includes any pole or other structure used for the support of wires.

E. "Premises" means and includes any parcel of real property, including buildings and/or other structures thereon.

F. "Serving company" means the person supplying the electrical service for electric light, heat, power, telephone, telegraph or other purpose.

G. "Wire" means and includes any wire, cable, conductor or other device or apparatus by, through, over or by means of which electricity is, has been or may be transmitted, conducted or conveyed for the purpose of electric light, heat, power, telephone, telegraph or other purpose.

(Prior code §§ 8900.1 - 8900.8.)

Whenever it finds that the public health, safety or welfare requires that poles and overhead wires be prohibited within any area in the city, and that existing poles and overhead wires, if any, be removed from such area, the city council may, by ordinance, declare such area an underground district. The council shall, in the ordinance designating the underground district, describe the district, and if poles or overhead wires are to be removed therefrom, specify a reasonable time on or before which such existing poles and overhead wires, if any, must be removed from said district.

(Prior code § 8900.9.)

It shall be unlawful, after the time specified for removal of poles and overhead wires in an ordinance designating an underground district, for any person to keep, maintain, continue, use, operate or employ within such underground district, any poles or overhead wires, or to authorize to permit such action; and all such poles and all such overhead wires within such an underground district after the time specified for removal of the same shall be deemed and become public nuisance.

(Prior code § 8900.10.)

It shall be unlawful, after designation of an underground district, for any person to erect, install, extend or construct any pole or overhead wire within an underground district, or to authorize or permit such action; and any such poles or overhead wires erected, installed, extended or constructed within an underground district after the effective date of the ordinance designating the same shall be deemed and become public nuisances.

(Prior code § 8900.11.)

Upon adoption by the city council of an ordinance designating any area in the city as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the city electrical inspector, or such other officer or employee of the city as may be designated by the city manager, shall give, on behalf of the city, to any and all serving companies owning, maintaining, operating, using or controlling any poles or overhead wires in the district, written notice to remove such poles and wires from the district on or before the time specified in the ordinance. Such notice may be given at any time after adoption of said ordinance, but no later than the tenth day immediately following the effective date of said ordinance. If any such notice to any company should not be given until after the tenth day following the effective date of said ordinance, the time on or before which said company is required to remove said poles and wire shall be automatically extended from a time equivalent to the time elapsed between the tenth day after the effective date of said ordinance and the date said notice is given. Each said notice shall be given either by delivering the same personally to the office of the serving company, or by depositing it in the United States mail, postage prepaid, in an envelope addressed to the company.

(Prior code § 8900.12.)

Upon adoption by the city council of an ordinance designating any area in the city as an underground district and specifying the time on or before which poles and overhead wires must be removed from such district, the city electrical inspector, or such other officer or employee of the city as may be designated by the city manager, shall give, on behalf of the city, to each person who owns, possesses or is in control of any premises in such district wherein are situate any poles or overhead wires, written notice to remove such poles and wires from such premises; or, if such poles and wires are not owned, possessed or controlled by such person, written notice to permit and cause the serving companies or other persons controlling or using said poles and wires to remove the same, on or before the time specified by the city council in its said ordinance. Such notices shall be given in the time and manner provided in Section 15.20.050 for giving of notices to serving companies.

(Prior code § 8900.13.)

In the event that the owner or other person in possession or control of any premises in an underground district should fail to remove or to cause or permit the removal of poles and overhead wires from such premises, as required by this chapter, the electrical inspector shall order the serving company or companies to disconnect such services as they may extend to said premises by way of such poles and overhead wires, and said companies shall thereupon disconnect such service.

(Prior code § 8900.14.)

In any ordinance designating and declaring an underground district, the council may, whenever it finds and determines that the public convenience and necessity so require, provide that certain existing poles and/or overhead wires within such underground district shall be exempt from the provisions of this chapter.

(Prior code § 8900.18.)

Notwithstanding any of the provisions of this chapter, in cases of emergency or where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the electrical inspector, subject to approval by the council, may grant special permission to any person to erect, install, maintain, use or operate, in conformity with the applicable provisions of the San José electrical code and the applicable rules and regulations promulgated by or filed with and approved by the California Public Utilities Commission, any pole or overhead wire within any designated underground district for such period of time as may be reasonable in the circumstances. At the expiration of the period of time specified in any such special permit, the permittee therein, if said permittee has not already done so, shall forthwith remove said poles and overhead wires.

(Prior code § 8900.15.)

Overhead wires of main circuits and main communication lines crossing through an underground district shall be exempt from the provisions of this chapter, provided the poles supporting the same are not situated within an underground district.

(Prior code § 8900.16.)

Poles used for streetlights, fire alarm boxes, or other similar municipal equipment shall be exempt from the provisions of this chapter.

(Prior code § 8900.17.)

Failure of any person to comply with the provisions of this chapter, or with the provisions of any notice authorized by the provisions of this chapter, shall constitute a misdemeanor.

(Prior code § 8900.19.)