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BULLET St. Louis City Revised Code Chapter 23.44 DIVISION III Electrical Apparatus

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



DIVISION III. POLES, WIRES AND CONDUITS

Chapter 23.44
Electrical Apparatus

Sections:

23.44.010 Conditions for placing wires.
23.44.020 Placing and securing wires.
23.44.030 Application required.
23.44.040 Permit.
23.44.050 When wires may be placed on poles of other corporations.
23.44.060 Poles--In streets--Wire height.
23.44.070 Poles--In alleys--Wire height.
23.44.080 Poles--Requirements.
23.44.090 Changes in pole location or wire height.
23.44.100 Excavations.
23.44.110 Approved disconnect devices.
23.44.120 Equipment approval.
23.44.130 Cutouts.
23.44.140 Dangerous wires.
23.44.150 Removal of overhead wires.
23.44.160 Overhead wires at intersections.
23.44.170 When overhead wires shall not be erected.
23.44.180 Right of city to string wires.
23.44.190 Improperly strung or maintained wires.
23.44.200 Electrical plants--Premises examination.
23.44.210 Electrical plants--Operator's duties--Tags.
23.44.220 Accidental contact between wires to be prevented.
23.44.230 Dead and uncared for wires.
23.44.240 Interfering with electrical apparatus or workmen.

23.44.010 Conditions for placing wires.

No wires, tubes or cables conveying electricity for the production of light, heat or power shall be placed along or across any street, alley or public place by any person not having, previous to the passage of Ordinance 16894, approved October 26, 1892, accepted and complied with Ordinance 12723, or unless duly authorized by the board of aldermen and then only as provided by this chapter.
(1948 C. Ch. 50 23: 1960 C. 580.010.)

V.A.M.S.:

392.080 May construct lines on public roads--consent of city required

City Counselor Ops.: 7658, 8641

23.44.020 Placing and securing wires.

All wires, tubes or cables conveying electricity for the production of light, heat or power along or across any street, alley or public place in the city which are to be placed above the surface of the ground, shall be placed and secured as the board of public service may prescribe.
(1948 C. Ch. 50 24: 1960 C. 580.020.)

City Counselor Ops.: 8641

23.44.030 Application required.

Any person duly authorized to do business in the city and desiring to place wires, tubes or cables along or across any of the streets, alleys or public places shall file, in the office of the board of public service, an application therefor. This application shall state in detail the streets, alleys or public places which such wires, tubes or cables are to occupy and the manner in which they are to be secured or supported and insulated, together with a plat showing their route.
(1948 C. Ch. 50 25: 1960 C. 580.030.)

City Counselor Ops.: 8347, 8641

Cases:

A franchise to use the streets of a city for poles and wires carries with it an implied condition of the furnishing of such services, and the continued nonuse by the grantee of the franchise will forfeit his rights. State v. Light & Development Co. of St. Louis, 152 S.W. 67, 246 Mo. 618 (1912); State v. West End Light & Power Co., 152 S.W. 76, 246 Mo. 653 (1912).

23.44.040 Permit.

The board of public service is authorized, upon the filing of the application and plat required by Section 23.44.030, to grant a permit for the occupancy of the streets, alleys and public places with such restrictions, regulations and qualifications as it may prescribe.

This occupancy shall be under the supervision and to the satisfaction of the department of public utilities.
(1948 C. Ch. 50 26: 1960 C. 580.040.)

City Counselor Ops.: 7657, 8347, 8641

23.44.050 When wires may be placed on poles of other corporations.

In case any person desires to place along or across any of the streets, alleys or public places such wires, tubes or cables and shall, with the application and plat required by Section 23.44.030 of this chapter file in the office of the board of public service the written consent of any telegraph or telephone corporation or any other electric light or power corporation, to the placing of such wires, tubes or cables upon the poles of the consenting corporation in the streets, alleys or public places named in such application, the board is authorized to grant a permit for such occupancy of the poles of such consenting corporation, with such restrictions, regulations and qualifications as the board may prescribe and under the supervision and to the satisfaction of the department of public utilities.
(1948 C. Ch. 50 27: 1960 C. 580.050.)

City Counselor Ops.: 8641

23.44.060 Poles--In streets--Wire height.

When poles are erected on a street, they shall be erected whenever practicable on the sidewalk just inside the curbstone, upon the lines dividing the abutting lots from each other, and so as not to obstruct the drainage of the street or damage or interfere with the curbstone, trees or private or public property.

Wires, tubes and cables hereafter shall be run on the poles not less than thirty feet above the grade of the street.
(1948 C. Ch. 50 28: 1960 C. 580.060, 580.070)

City Counselor Ops.: 8641

23.44.070 Poles--In alleys--Wire Height.

Whenever an alley is available for the erection of poles for the support of such wires, tubes or cables, the board of public service will advertise for five days previous to a day set for hearing objections or arguments in favor of erecting the poles in such alley. If after due consideration, the board is of the opinion that the erecting of poles in such alley is practicable, they shall be erected therein instead of along the street named in the application. When erected in such alley they shall be erected next to the side line thereof and, when practicable, upon the lines dividing the abutting lots from each other so as not to obstruct the drainage of such alley or damage adjoining property.

Wires, tubes and cables shall be run on such poles not less than twenty-five feet above the grade of the alley.
(1948 C. Ch. 50 29: 1960 C. 580.080, 580.090.)

City Counselor Ops.: 8641

23.44.080 Poles--Requirements.

All poles shall be sound, at least five inches in diameter at the top, straight, shapely, of uniform size, neatly planed or shaved, thoroughly painted with two coats of lead and oil paint of such color as may be directed by the board of public service, and equipped with iron steps commencing twelve feet from the ground and reaching to the crossarms.
(1948 C. Ch. 50 30: 1960 C. 580.100.)

City Counselor Ops.: 8641

23.44.090 Changes in pole location or wire height.

The right is reserved to the board of public service to direct at any time, any reasonable change for the public convenience in the location of poles and in the height at which wires, tubes or cables shall run. Before any such change is made, at least five days' written notice shall be given to the person affected thereby, and reasonable opportunity shall be afforded such person or any citizen interested to be heard in regard to the proposed change. When such change shall have been ordered, the owner shall within five days thereafter begin to effect it and shall complete the same as soon as practicable, and upon failure so to do shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 50 31: 1960 C. 580.110.)

City Counselor Ops.: 8641, 9983

23.44.100 Excavations.

Any person having made an excavation in any street, alley or public place for the purpose of placing wires, tubes or cables in such street shall replace the removed material in such manner as may be prescribed by ordinance or by the board of public service and to the satisfaction of the street commissioner.
(1948 C. Ch. 50 32: 1960 C. 580.120.)

City Counselor Ops.: 8641

Cases:

Where a telephone company's negligence in placing a pole in a city street caused injury to a pedestrian, telephone company was primarily liable, even without the company's bond to hold the city harmless. Kinloch Telephone Co. v. City of St. Louis, 188 S.W. 182, 268 No. 485 (1916).

23.44.110 Approved disconnect devices.

It shall be the duty of every person operating or maintaining conductors for electricity to provide the most approved device to make it an easy task for his, or the city's employees to disconnect the conductor, or any part of it, from the source of energy by the simple operation of using a handle or pulling a cord, rendering such conductor free from any electrical pressure tending to produce a flow of electricity from one part to another or from it to the ground. This device shall be placed at or near the point where conductors enter a building. All such devices shall be subject to the approval of the board of public service.
(1948 C. Ch. 50 33: 1960 C. 580.130.)

City Counselor Ops.: 8641

23.44.120 Equipment approval.

The size of conductors, distance between supporters, and nature and quality of insulating materials to be used shall in all cases be submitted to and be subject to the approval of the board of public service.
(1948 C. Ch. 50 34: 1960 C. 580.140.)

City Counselor Ops.: 8641

23.44.130 Cutouts.

It shall be the duty of every person supplying, using or maintaining conductors for electricity to provide cutouts and such other devices as may be necessary automatically to cut off electrical communication of any part of the conductors from the source of energy when the current exceeds a certain fraction of the capacity of the conductor protected, such fraction to be determined by the board of public service.
(1948 C. Ch. 50 35: 1960 C. 580.150.)

City Counselor Ops.: 8641

23.44.140 Dangerous wires.

Any wire, tube, cable or conductor or any machine, lamp or apparatus through which an electric current may pass or the influence of electricity be manifested by its various phenomena shall be deemed dangerous when any manifestation tends to delay or intimidate the fire department, when, through accident, its insulation be impaired or its capacity overtaxed, or when, through carelessness or otherwise, it comes in contact with any wire or electrical apparatus used in giving an alarm to the fire or police department, injuring or impairing the proper working of such device.
(1948 C. Ch. 50 36: 1960 C. 580.160.)

City Counselor Ops.: 8641

23.44.150 Removal of overhead wires.

Upon the failure of any person to comply with the order of the board of public service, the board is empowered and required to remove or cause to be removed such overhead wires, tubes or cables and the poles or supports.
(1948 C. Ch. 50 63: 1960 C. 580.170.)

City Counselor Ops.: 8641

23.44.160 Overhead wires at intersections.

Nothing contained in this chapter shall be construed as prohibiting at intersecting streets, alleys and public places the crossing of wires, tubes and cables over streets and public places ordered cleared by the board of public service; provided, that no poles or supports shall be placed within the limits of the latter streets and public places.
(1948 C. Ch. 50 64: 1960 C. 580.180.)

City Counselor Ops.: 8641

23.44.170 When overhead wires shall not be erected.

From and after the expiration of the year fixed by the order of the board of public service, it shall be unlawful to string, place, construct or maintain any wires, tubes or cables or any poles or supports therefor, except as otherwise provided in this chapter, above the surface of any street or public place designated in such order.
(1948 C. Ch. 50 65: 1960 C. 580.190.)

City Counselor Ops.: 8641

23.44.180 Right of city to string wires.

The city shall have the same right to string, maintain and conduct its telephone and telegraph wires in, upon and along the supports or other means provided or constructed to take the place of the poles and supports removed, that it had so to do on the latter.
(1948 C. Ch. 50 66: 1960 C. 580.200.)

City Counselor Ops.: 8641

23.44.190 Improperly strung or maintained wires.

The board of public service is granted the power, whenever it is informed or understands that any wires, tubes or cables are being, have been, or are about to be strung, constructed or maintained to such number or extent as unreasonably to obstruct the street across which, or alley along which they are conducted or so as to threaten injury to life or property, to give five days' notice to the person responsible for such stringing, construction or maintenance that the board will, upon a day to be fixed in such notice, take up and consider the question of whether or not the removal of such wires, tubes or cables, or a portion thereof, shall be ordered by it. At such hearing the person shall have the right to be heard in person or by counsel. Should the board find that these wires, tubes or cables are being, have been, or are about to be strung or constructed to such number or extent as unreasonably to obstruct the street across which, or alley along which, they are conducted or so as to threaten injury to life or property, the board, by its order entered of record, shall require the removal of them and shall further fix a time within which they or any portion thereof shall be removed by the person responsible for their stringing, construction or maintenance. No overhead wires, tubes or cables shall be ordered removed from poles and supports by the board under the provisions of this section unless the removal of all overhead wires, tubes and cables shall by the same order be required.
(1948 C. Ch. 50 67: 1960 C. 580.210.)

City Counselor Ops.: 8347, 8641

23.44.200 Electrical plants--Premises examination.

It shall be the duty of every person operating or controlling a plant for the production of electricity or occupying premises on which electrical apparatus or conductors may be placed to admit the director of public utilities or his inspectors, and to assist in making an examination of the premises.
(1948 C. Ch. 55 66: 1960 C. 580.220.)

23.44.210 Electrical plants--Operator's duties--Tags.

It shall be the duty of every person operating a plant for the production or consumption of electrical energy or maintaining conductors for its transmission to employ competent men. The names of employees shall be furnished the director of public utilities and recorded in his office as their authorized agents, one to be in charge of such plant at all times while in operation who shall execute promptly all orders issued by the director of public utilities or by the chief of the fire department which may, in their opinion, prevent accident or injury to life or property. Each person operating such plant shall keep his wires or conductors that pass over the street, alley or public place or over or through any building so marked that the owner of such may be ascertained by inspection. The character of the mark shall be determined by the director of public utilities, and a record of all marks shall be kept in his office. If these marks become illegible, the wires or conductors shall be deemed abandoned, and it shall be the duty of the director of public utilities to cause them to be retagged, repaired or removed.
(1948 C. Ch. 55 67: 1960 C. 580.230.)

23.44.220 Accidental contact between wires to be prevented.

It shall be the duty of every lineman or person employed to inspect, repair or erect wires or conductors for the purpose of transmitting electrical energy in the city to take every precaution possible that the space between the wires or conductors erected by them and all other wires or electrical apparatus shall be sufficient to prevent accidental contact.
(1948 C. Ch. 55 68: 1960 C. 580.240.)

23.44.230 Dead and uncared for wires.

The director of public utilities shall serve written notice to any person owning or operating any electrical plant which maintains dead or uncared for wires over the streets and public places of the city to remove such wires. The director shall allow five days for the removal of the wires described in such notice before employees of the director shall remove them, unless such wires are a nuisance or an obstruction to a public place or highway or a menace to life or property, in which case the director shall order the wires removed immediately.
(1948 C. Ch. 55 69: 1960 C. 580.250.)

23.44.240 Interfering with electrical apparatus or workmen.

No person shall interfere with, disarrange or break any of the wires, tubes, cables, lamps, lamp globes or other apparatus located on any street, alley or public place or prevent agents or employees of the owner thereof or inspectors of the department of public utilities from performing properly their respective duties.
(1948 C. Ch. 55 70: 1960 C. 580.260.)

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