Chapter 164 of the General Laws is hereby amended by inserting after section 34B the following section:-

Section 34C. (a) In any city or town that accepts this section by vote of its legislative body, and with the approval of the mayor, if applicable, a distribution company or a telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof that does not complete the transfer of wires and all repairs, and remove the existing pole shall, for each day after 90 days from the date of installation of the new pole, or, for any approved commercial or industrial construction project where completion is expected to take longer than 1 year, each day after 6 months has elapsed from the date of installation of the new pole, pay a fine of $200 to the municipality in which the pole is located.

(b) The owner of any pole to be removed pursuant to this section shall notify all other pole users of the starting date of such removal and installation work at least 48 hours prior to the commencement of such work and require all users to remove timely from the poles their wiring and other attachments.  

(c) Fines incurred pursuant to this section shall be recovered by indictment or on complaint before a district court or by noncriminal disposition in accordance with section 21D of chapter 40 or by any other means available in law or in equity.