[HISTORY: Adopted by the Borough Council of the Borough of Haledon 8-10-1994 by Ord. No. 7-6-94A (Ch. 162 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Haledon, New Jersey.
- CONTINUOUS CRIMINAL ACTIVITY
- Reports to the police of more than four criminal incidents at an address in one month prior to the date of the application or more than 12 reported criminal incidents a year prior to the date of application.
- Any person responsible for placing and maintaining a pay telephone in a public way, hereinafter defined.
- PAY TELEPHONE
- Any self-service or coin- or credit-card operated telephone.
- An individual, business, firm, corporation, association, partnership or other organization or group of persons.
- Any surface provided for the use of pedestrians.
- All that area dedicated to public use for public street purposes, and shall include but not be limited to roadways, parkways, alleys and sidewalks.
No person may place or maintain any pay telephone on or above any public street or sidewalk without having first obtained a permit as provided in this chapter. Permits shall be issued by the Borough Clerk and Construction Code Official subject to approval of location and the means of installation of the telephones in accordance with the standards set forth in §§ 267-4 and 267-5 of this chapter. The permit required by this chapter shall be in addition to any permit required pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., or any street occupancy or opening permit required by any other county or municipal ordinance.
Before installation, a plan or sketch of the telephone shall be furnished to the Construction Code Official and Department of Public Works in sufficient detail to describe the size, location, equipment, means of installation and cabling. A copy of the permit or the permit number shall be affixed to the telephone during installation.
The initial fee for a permit shall be $250 per year or any part of a year and the fee for a renewal permit shall be $100 per year; provided, however, that no fee shall be charged for telephones furnished by the Borough of Haledon as an accommodation to the public or for permits issued to any person or entity which pays a franchise fee or tax for the use of public facilities. Such person or entity shall not, however, be exempt from the regulatory provisions of this chapter. Permits shall be renewable annually on January 1 of each year.
The Superintendent of the Department of Public Works shall be informed of the intent of any person to remove or relocate a telephone.
Before receiving a permit, an applicant shall:
Execute an indemnification agreement substantially as follows: The applicant and any other persons on whose behalf the application is made agree to defend, indemnify and hold harmless the Borough of Haledon against liability for all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership or use of each pay telephone.
File with the Borough Clerk a general liability insurance policy naming the Borough as an additional insured against any injury, loss or damage that may result from placing or maintaining the telephone or telephone equipment on or above any public street or sidewalk.
Telephones shall permit the following calls to be placed without charge:
Current telephone rates shall be posted on the telephone or on the telephone booth.
Telephones shall comply with the following standards:
No booth surrounding a telephone shall exceed eight feet in height, four feet in width or four feet in depth.
Each telephone shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund if a call cannot be placed. The coin-return mechanism shall be maintained in good working order.
Each telephone shall have affixed to it, in a place visible to everyone using the telephone, a telephone number of the distributor and the telephone number of a working telephone service to report a malfunction, to secure a refund or to give the notices provided for in this chapter.
Telephones shall be maintained in a neat and clean condition and in good repair at all times. Without limiting the generality of the foregoing, a telephone shall be served and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
Any clear plastic or glass parts are unbroken and reasonably free of cracks, dents, graffiti, blemishes and discolorations.
Any paper or cardboard parts or inserts are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
The telephone receiver is attached to the telephone.
Any owner or permittee who fails to maintain its telephone in working condition will be given a ten-day notice to repair the telephone by the Superintendent of the Department of Public Works. If the telephone is not in working condition at the end of the ten-day period, the Superintendent of the Department of Public Works may revoke the permit unless the permittee provides assurance that the telephone shall be repaired or removed.
Each telephone shall provide local directory or information assistance without charge, provided that the distributor is not charged for such call by the local telephone company.
Each telephone shall, upon written request of the Superintendent of the Department of Public Works, be capable of being restricted to outgoing calls only within 10 days of the request.
No telephone shall be permitted to rest upon, in or over any public streets or sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property;
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
Unreasonably interferes with the ingress or egress from any residence or place of business; or
Interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
Telephones shall be placed or otherwise secured so as to prevent their being blown down or around the public street or sidewalk but shall not be chaired or otherwise secured to any traffic or street signs, signals, hydrants, mailboxes or utility poles.
No telephones shall be placed, installed, used or maintained:
Within any marked crosswalk.
Within three feet of a curb return of any unmarked crosswalk.
Within 15 feet of any fire hydrant, emergency facility or any other emergency calling device.
Within five feet of any driveway.
Within three feet of any public area improved with a lawn, flowers, shrubs, trees or other landscaping.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
Within three feet of any building unless written permission is secured from the property owner and filed with the application.
Within 10 feet of any entrance to a residence, store or public building.
In the event that a particular pay telephone does not fully meet the requirements set forth herein, the Borough Clerk and Construction Code Official shall have the discretion to grant a permit upon showing that the issuance of such permit is reasonable in accordance with the provisions of this chapter, provided that the Superintendent of Public Works agrees.
Telephones shall not be placed on sidewalks in front of street addresses where there appears to be continuous criminal activity.
No telephone or telecommunication device shall be placed on the sidewalk within 600 feet of any other pay telephone or telecommunications device on the sidewalk in any residence zone as these districts are described in Chapter 405, Zoning, of the Code of the Borough of Haledon.
Upon receipt of a complaint by a citizen or representative of the Police Department that the location and use of a telephone interferes with the health and welfare of the public, a committee, preappointed by the Mayor and Council, and representatives of the Council shall conduct a hearing after providing notices of the same to all affected parties to ascertain if the use of the telephone interferes with the health and welfare of the community. If the committee finds, by a preponderance of the evidence presented, that the use of the telephone constitutes a violation of the standards and conditions of § 267-5 of this chapter or constitutes a threat to the health and welfare of the public, the Borough Clerk and Construction Code Official shall revoke any permit issued by the Borough of Haledon for the use of the telephone.
All existing pay telephones located on or above sidewalks within the municipality shall be deemed grandfathered; provided, however, that any distributor desiring that its pay telephone be grandfathered must notify, in writing, the agency within 30 days of the locations of all of said distributor's pay telephones existing on the date of the adoption of this chapter. All pay telephones not so identified shall not be entitled to grandfathered status. The provisions of this chapter shall, however, apply to all future pay telephones located on or above the sidewalks within the Borough of Haledon.
This chapter shall take effect September 1, 1994, and all renewals shall take effect on January 1 of each succeeding year.
Any violation of this chapter shall subject the violator to a fine of not less than $100 nor more than $1,000. Each noncomplying pay telephone violation will constitute a separate violation.