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BULLET St. Louis City Revised Code Chapter 23.52 DIVISION III Telephone and Telegraph Companies

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 23.52
Telephone and Telegraph Companies

Sections:

23.52.010 Board of public service.
23.52.020 Poles and other fixtures to be erected in accordance with this chapter.
23.52.030 Use of one crossarm by city.
23.52.040 Acceptance of use of crossarm.
23.52.050 Permit required.
23.52.060 Changes.
23.52.070 Poles--In streets--Wire height.
23.52.080 Poles--In alleys--Wire height.
23.52.090 Telephone booths.
23.52.100 Quality and equipment of poles.
23.52.110 Deposit for restoration of streets.
23.52.120 When wires may be placed on poles of other corporations.
23.52.130 Other modes of conducting wires.
23.52.140 Compensation for use of streets.
23.52.150 Use of wires must be for legal purposes.
23.52.160 Illegally used wires--Removal.
23.52.170 Illegally used wires--Penalty.
23.52.180 Wires strung without permit.
23.52.190 Enforcement.
23.52.200 Rates and charges.

V.A.M.S.:

392.019--392.360 Telephone and telegraph companies

City Counselor Ops.: 8641

McQuillin:

34.11 Telegraph and telephone companies.

23.52.010 Board of public service.

All wires, tubes or cables conveying electricity for telegraph and telephone purposes 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 1: 1960 C. 584.010.)

23.52.020 Poles and other fixtures to be erected in accordance with this chapter.

Any telegraph or telephone corporation is authorized to erect its poles, pins, anchors, abutments, overhead wires, tubes, cables and other fixtures along and across any of the streets, alleys and public places of the city as provided for in this chapter.
(1948 C. Ch. 50 2: 1960 C. 584.020.)

V.A.M.S.:

392.090 Mode of construction may be directed, by whom

McQuillin:

34.77 Poles and wires

23.52.030 Use of one crossarm by city.

Any corporation erecting poles under the provisions of this chapter shall, before obtaining a permit therefor from the board of public service, file an agreement with the register, permitting the city to occupy and use, free of charge, space for one crossarm on any pole now or hereafter erected.

This space shall be for the exclusive use by the city for the police and fire alarm telegraph and telephone system owned and operated by it. Nothing in this section shall allow the city to lease, rent, assign or give such space.
(1948 C. Ch. 50 3: 1960 C. 584.030.)

Cases:

City ordinance requiring a rental of five dollars per telegraph pole held unreasonable. City of St. Louis v. Western Union Tel. Co., 63 F. 69 (1894).

Ordinance accepted by telegraph company became a contract between the city and the company, and the subsequent imposition by the city of a certain charge per pole violated the contract. City of St. Louis v. Western Union Tel. Co., 63 F. 69 (1894).

McQuillin:

24.588 Crossarms, regulation

23.52.040 Acceptance of use of crossarm.

Every telegraph or telephone corporation shall, within five days after commencing business, file with the register its acceptance of Section 23.52.030 which relates to the use by the city of space for one crossarm on the poles.
(1948 C. Ch. 50 4: 1960 C. 584.040.)

23.52.050 Permit required.

Before any telegraph or telephone corporation shall erect poles upon any street, alley or public place, it shall apply in writing to, and receive from, the board of public service a permit to do such work. Such company shall submit to the board, for its approval, a plat showing the route of its proposed line, naming the street to be occupied, or, if an alley, the number of the block, and, as far as practicable, the location of each pole. All work of excavating, refilling and restoring the pavement shall be done under the supervision and direction and to the satisfaction of the street commissioner and such work shall be completed as speedily as possible.
(1948 C. Ch. 50 5: 1960 C. 584.050.)

City Counselor Ops.: 8347

Cases:

Under its general public power the city of St. Louis had the right to require compliance with reasonable regulations as a condition to using its streets for electric wires. Missouri ex rel. Laclede Gas & Light Co. v. Murphy, 170 U.S. 78 (1898).

23.52.060 Changes.

The right is reserved to the board of public service to direct any reasonable change, at any time, for public convenience in the location of poles and the height at which wires, tubes or cables shall run. Before any such change may be made, at least five days written notice shall be given to the president or local officer in charge of the corporation to be affected thereby, and reasonable opportunity shall be afforded representatives of such corporation or any citizen interested to be heard thereon. When such change shall have been ordered such corporation shall, within five days thereafter, begin work to effect it and shall complete the same as soon as practicable, and upon failure so to do shall be guilty of a misdemeanor.
(1948 C. Ch. 50 6: 1960 C. 584.060.)

23.52.070 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 private property, curbstone trees or public property.

Wires, tubes and cables shall be run on the poles not less than twenty-two feet above the grade of the street.
(1948 C. Ch. 50 7: 1960 C: 584.070, 584.080.)

23.52.080 Poles--In alleys--Wire height.

Whenever, in the judgment of the board of public service, the use of an alley for poles is practicable, they shall be erected therein next to the side line thereof and, when practicable, upon the lines dividing the abutting lots from each other and so as not to obstruct the draining of such alley or damage adjoining property. Wires, tubes and cables shall be run on such poles not less than eighteen feet above the grade of the alley, provided, that the board of public service may at any time direct any reasonable change as is provided in Section 23.52.060 of this chapter. The cost of any such change shall be paid by the owner of such pole if such removal is for the benefit of the general public, but by the complainant if such removal is for his benefit or the abutting property owner.
(1948 C. Ch. 50 8: 1960 C. 584.090.)

23.52.090 Telephone booths.

Any telephone or telegraph corporation, which is either taxed by ordinance on its gross income for city purposes, or which pays the city per year based on its pole line and wires, tubes and cables is hereby authorized to place telephone booths, enclosures and pedestals in and adjacent to the public sidewalks of the city; provided, however, that such telephone booths, enclosures and pedestals shall be placed and maintained in such a location as not to affect the safety of pedestrian travel. The board of public service shall have the right to direct any reasonable change in the location of any telephone booth, enclosure, or pedestal which is located in a public sidewalk area in the same manner as is prescribed by this chapter for changes in the location of poles and the height of wires, tubes or cables.
(Ord. 54742 1, 1983: prior Ord. 55378 1, 1969: 1960 C. 584.101.)

23.52.100 Quality and equipment of poles.

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 colors as may be directed by the board of public service, and equipped with iron steps commencing twelve feet above the ground and reaching to the crossarms.
(1948 C. Ch. 50 9: 1960 C. 584.100.)

23.52.110 Deposit for restoration of streets.

Every telegraph or telephone corporation shall keep, on deposit in the city treasury, the sum of fifty dollars, subject to the order, and for the use, of the Street Commissioner in restoring any sidewalk, gutter, street or alley pavement displaced or injured in the erection, moving or removal of any pole by such corporation if it refuses or fails to make restoration or to make restoration to his satisfaction. Any corporation failing to make such deposit within five days after commencing business or to deposit further any sum expended for such restoration within five days after notice so to do has been sent to it by the Street Commissioner, shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 50 10: 1960 C. 584.110.)

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

In case any telegraph or telephone corporation, authorized by ordinance or by permit of the Board of Public Service, desires to place along or across any of the streets, alleys or public places of the City, wires, tubes or cables and with application and plat heretofore provided for, files with the Board of Public Service the written consent of any electric light or power corporation or any other telegraph or telephone corporation to the placing of such wires, tubes or cables upon the poles of such consenting corporation in the streets, alleys or public places named in such application, such Board is authorized to grant a permit for such occupancy of the poles of such consenting corporation with such restrictions, regulations and qualifications as may be prescribed by the Board and under the supervision and to the satisfaction of the Department of Public Utilities.
(1948 C. Ch. 50 11: 1960 C. 584.120.)

23.52.130 Other modes of conducting wires.

Nothing contained in this chapter shall be construed so as to abate, limit or restrict the right of the City to prescribe any other mode of conducting such wires, tubes and cables over or under its thoroughfares.
(1948 C. Ch. 50 12: 1960 C. 584.130.)

23.52.140 Compensation for use of streets.

All telegraph and telephone corporations, not taxed by ordinance on their gross income for City purposes, shall pay to the City per year for the privilege of using the streets, alleys and public places thereof as follows: For pole lines and wires, tubes and cables thereon, the sum of two dollars for each and every three hundred feet of street, alley or public place along or across which they extend and the sum of ten cents for each and every housetop wire, tube and cable, including those permitted to remain overhead by virtue of Sections 23.42.010 and 23.42.020 and for each and every wire, tube or cable on poles of other corporations for each and every street, alley or public place it crosses or intersects.
(1948 C. Ch. 50 13: 1960 C. 584.140.)

Cases:

The City of St. Louis is authorized to charge in the nature of a reasonable rental for the use of property by a telegraph company for putting poles in the street. St. Louis v. Western Union Telegraph Co., 148 U.S. 92 (1892), rehearing denied, 149 U.S. 465 (1893).

23.52.150 Use of wires must be for legal purposes.

No permit shall be issued for the stringing of wires for communication unless the applicant shall represent in writing that such wires shall not be used to connect to or with immoral places or places existing unlawfully, and shall not be used for any illegal purpose.
(1948 C. Ch. 50 14: 1960 C. 584.150 (part).)

23.52.160 Illegally used wires--Removal.

Any permit shall be void if the representation prescribed in Section 23.52.150 is violated, and any wires strung under such permit shall be unlawful. It shall be the duty of the Department of Public Utilities to cut down and remove such wires from any street, alley or public place. Any person interfering with or preventing such cutting and removal shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 50 15: 1960 C. 584.160.)

23.52.170 Illegally used wires--Penalty.

Any person stringing wires to places used for immoral purposes or existing unlawfully, or wires used for any illegal purpose, shall be deemed guilty of a misdemeanor.
(1948 C. Ch. 50 16: 1960 C. 584.150 (part).)

23.52.180 Wires strung without permit.

Any person who shall string or cause to be strung any wire, tube, cable or electrical conductor for communication along or across any street, alley or public place without a permit or permission shall be deemed guilty of a misdemeanor, and each street or alley crossed shall constitute a separate offense.
(1948 C. Ch. 50 17: 1960 C. 584.170.)

23.52.190 Enforcement.

It shall be the duty of the Police Department to assist in the enforcement of the provisions of this chapter.
(1948 C. Ch. 50 18: 1960 C. 584.180.)

23.52.200 Rates and charges.

The City reserves the right to fix, at any time, the rates and charges for the use of telephones.
(1948 C. Ch. 50 19: 1960 C. 584.190.)

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