This chapter is adopted pursuant to the authority granted in N.J.S.A.
40:48-2 et seq. The purposes of this chapter are to regulate the installation
and maintenance of public telephones in the City of Garfield and to provide
for the requirement of a permit for the same.
No person may place or maintain any outdoor telephone on or above any
public street or sidewalk without having first obtained a permit as provided
in this chapter. Permits shall be issued subject to the approval of the location
and means of installation of the telephone by the Construction Code Official
of the City of Garfield. Before installation, a plan or sketch of the telephone
shall be furnished in sufficient detail to describe the size, location, equipment
and means of installation and cabling. The City of Garfield shall be notified
before the removal of any telephone before receiving a permit.
The initial fee for a permit shall be $250 for each telephone. The annual
renewal fee shall be $150 for each telephone.
The City of Garfield shall be informed of the intent of any person to
remove or relocate a telephone.
The City of Garfield may reject any permit application or require the
removal of an existing outdoor public telephone if the public telephone has
the potential to or has demonstrated a propensity to create or contribute
to illegal or illicit activities or otherwise interfere with free passage
of pedestrians and the rights of the public. The City Manager may also impose
restrictions upon any such public telephone including, without being limited
to, limiting the operating hours of any pay telephone and/or limiting the
hours during which incoming calls may be received.
No fees shall be charged for telephones furnished by the City of Garfield
as an accommodation to the public or for permits issued to any person or entity
who or which pays a franchise fee or tax for use of public facilities. Such
person or entity shall not, however, be exempt from the regulatory provisions
of the Municipal Code.
The owners of existing public telephones shall apply for the permit
required hereunder within 30 days from the date this chapter is adopted. The
City of Garfield reserves the right to reject any and all locations submitted
for approval based upon their existing conformance to this chapter.
The City Manager's office shall notify the Police Department of
the location of any pay telephone which does not comply with the provisions
of this chapter. The Police Department and the office of the City Manager
shall enforce the provisions of this chapter.
[Amended 4-25-2006 by Ord. No. 2457]
Violators will have 30 days to remove pay telephones that do not have
permits, or the City shall have the pay telephone removed and the violators
shall pay for all removal and storage costs. Any violation of this chapter
shall also subject the violator one or more of the following: a fine not exceeding
$2,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days. Each noncomplying pay telephone violation
will constitute a separate violation. Each day of said violation shall constitute
a separate violation.