The purpose of this chapter is to promote and protect the peace,
safety and welfare of City of Clairton residents by eliminating or
reducing the use of public telephones for drug trafficking and other
criminal purposes.
As used in this chapter, the following words and phrases shall
have the meanings ascribed to them as follows:
OUTSIDE PUBLIC VIEW
Capable of being viewed by a person or persons standing outside
of a business, commercial, industrial or residential establishment.
PAY TELEPHONE
Any publicly accessible telephone that is coin- or credit-card
operated.
PERSON
Any individual, company, organization, corporation or other
entity, public or private, except the City of Clairton.
TONE SIGNAL CAPABILITY
A dialing feature, other than pulse dialing, which sends
a tone signal enabling the caller to access automated devices such
as beepers, pagers and voice mail systems.
No later than 30 days after the effective date of this chapter,
every person who owns or maintains an indoor pay telephone in the
City of Clairton shall file with the City a list of the locations
of all pay telephones owned or maintained and whether the telephones
have incoming call capability or tone signal capability. Any indoor
public telephone not appearing on any submitted list shall be subject
to immediate removal at the owner's expense beginning 31 days
after the effective date of this chapter.
From and after the effective date of this chapter, all pay telephones
located on public property within the City of Clairton, outside or
otherwise, shall be restricted and limited to those telephones specifically
authorized by the Council of the City of Clairton.
Any person who violates any provision of this chapter shall,
upon conviction, be subject to a fine not exceeding $600 and costs
of prosecution and, in default of payment thereof, shall be subject
to imprisonment for a period not to exceed 30 days. Each violation
of any provision of this chapter shall constitute a separate offense
and shall be punishable as such. Each day that the violation continues
shall constitute a separate offense. No fines will be imposed with
respect to outdoor pay telephones in existence on the date of enactment
of this chapter until 31 days after its effective date.
No provision of this chapter may be applied to any transaction
in interstate commerce to the extent such transaction may not, under
the Constitution and statutes of the United States, be made the subject
of regulation by the City, and no provision of this chapter may be
applied to any transaction or exclusive regulation of the Pennsylvania
Public Utility Commission, to the extent that such transaction may
not, under the Constitution and statutes of the Commonwealth of Pennsylvania,
be made the subject of regulation by the City.