Utility Wires, Poles, Cables, etc.
Milwaukee Code of Ordinances § 115-21
in effect115-21. Utility Wires, Poles, Cables, etc.
1. AUTHORITY OF COMMISSIONER OF PUBLIC WORKS. The purpose of this section is to set forth the duties, powers and functions of the commissioner with respect to effectuating the removal or relocation by public utility companies of poles, aerial wires and cables, and other aerial appurtenances or devices used in the operation of the business of public utility companies when streets are paved or repaved with concrete or with a concrete base and a bituminous surface, within the city so as to maintain, protect, safeguard and advance the public safety and general welfare; and this section is predicated upon the police powers of the city provided for by law.
2. UTILITY COMPANIES TO COMPLY. Any public utility company which maintains, uses or has poles, aerial wires and cables, or any other aerial appurtenances and devices, or articles used by such public utility company in the operation of its business, or owned by it, on, along, or upon any city street, highway or thoroughfare, excluding alleys, upon notice from the commissioner to the effect that the common council by resolution has determined to pave, improve, repave, construct, alter or change a city street, highway, or thoroughfare, excluding alleys, in the manner set forth in sub. 1, shall, before the expiration of the time provided for in such notice, remove or relocate such poles, aerial wires and cables, or other aerial appurtenances and devices, or articles maintained or used in the operation of such public utility business. Such poles, aerial wires and cables or other aerial appurtenances, devices or articles maintained or used in the Work On Public Ways
operation of said public utility business shall, at the expense of such public utility company, be removed, relocated or laid in underground conduits.
3. BY COUNCIL RESOLUTION. Prior to November 15 of each year, the commissioner shall prepare and recommend to the common council a list of streets to be paved, repaved or reconstructed, and a copy of such list shall be sent to the utility companies affected. Thereafter, the common council shall, on or before December 31 of each year, or as soon thereafter as the same can be effected, by resolution declare its intention to pave, repave or reconstruct certain streets, and shall in such resolution set forth the time within which there shall be removed or relocated poles, aerial wires and cables and other aerial appurtenances or devices maintained or used in the operation of the business of public utility companies. The commissioner, as is provided for in sub. 4, shall notify such public utility company, in writing, by registered mail, provided the paving project set forth in the resolution is to be carried into effect in the ensuing year as evidenced through the adoption of the city budget; such notice shall be sent within 30 days after the common council has adopted the resolution setting forth the time within which the poles, aerial wires and cables and other aerial appurtenances or devices maintained or used in the operation of the business of public utility companies are to be removed or relocated.
4. WRITTEN NOTICE. The commissioner, as provided in sub. 2, shall notify such public utility company in writing, by registered mail, informing such public utility company of the proposed work to be done by the city, and shall approve the manner in which such poles, aerial wires and cables or other aerial appurtenances and devices or articles maintained or used in the operation of such public utility business, shall be removed or relocated or laid underground; and no public utility company shall permit its poles, aerial wires and cables or other aerial appurtenances and devices or articles maintained or used in the operation of its business on, along, or upon any city street, highway or thoroughfare, excluding alleys, from which it has been directed by the commissioner to remove or relocate the same as hereinbefore set forth; and any failure by such public utility company to remove or relocate its poles, aerial wires and cables or other aerial appurtenances and devices or articles maintained or used in the operation of its business upon the expiration of the time provided for in such notice, or any written extension of time granted by the commissioner, shall constitute a violation of this section and shall be punished in the manner set forth in sub. 6.
5. HEARINGS; OBJECTIONS. Any public utility company may, if it feels itself aggrieved by reason of the notice, file, within 20 days after receipt of such notice from the commissioner, its verified objections thereto with the common council, and shall be heard in the manner directed by the common council. The committee of the common council to which the objections are referred may direct that a view of the area involved shall be had in determining the merits of the objections filed. Unless within 30 days after such written objections are filed with the common council, the common council shall otherwise direct the removal or relocation of the poles, aerial wires and cables, or other aerial appurtenances and devices or articles maintained or used in the operation of said public utility business shall be made as provided for in said notice and in this section. The common council committee to whom the verified objections are referred for consideration may, in its discretion, enlarge the period of time in which a review should be had under the provisions of this subsection.
6. PENALTY. Any public utility company failing to comply with this section shall, upon conviction thereof, be subject to a penalty of not less than $5 nor more than $15 for each and every offense committed. However, the overall aggregate penalty for each day if any such public utility company fails to comply with the notice of the commissioner as herein provided shall not exceed the sum of $25 per day.
7. APPLICABILITY. Whenever it shall appear to the common council that because of the extensive paving program to be undertaken by the city during the year, the periods of time or the procedures applicable produce substantial administrative difficulties when carrying out the provisions of this section, the common council by resolution may determine that this section is inapplicable and may in such event establish an alternative procedure by resolution, and in such instance the provisions of the section shall be inapplicable and inoperative.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH115.pdf#page=11Fetched: 10/26/2026