[HISTORY: Derived from Sec. 36 of Ch. IV of the Charter and Ordinances, 1974, of the City of Buffalo; amended in its entirety 11-16-1993, effective 11-29-1993. Subsequent amendments noted where applicable.]
[Amended 3-21-1995, effective 4-3-1995; 12-26-1995, effective 1-8-1996]
No person, including an individual, firm, partnership, copartnership, corporation, receiver, association, executor, administrator, trustee, guardian or agent, shall place, maintain or operate on the streets, public grounds or on the City right-of-way such public/private telephone facilities until a license has been issued in accordance with the regulations hereinafter set forth. For purposes of this chapter, a telephone facility shall be considered on the streets, public grounds and City right-of-way if any portion of the facility or its enclosure is situated on or projects or hangs over the City right-of-way or the facility is so situated that it can be used by a person standing on a City right-of-way, including streets, sidewalks and public grounds.
[Amended 12-26-1995, effective 1-8-1996; 12-9-2003, effective 12-19-2003]
The Commissioner of Permit and Inspection Services may issue a license to place and maintain coin-operated facilities containing coin-operated telephones in the City right-of-way, including the air space of and within the sidewalk space of the streets or at public places in the City upon the following conditions:
No telephone facility may be placed or maintained in any district zoned R1 or R2, nor shall a license be issued for placement of any such facility on a street in an R District unless written consent of the owners of all property fronting on both sides of such street is filed with the application for the placement of said facility for a distance of 400 feet on each side of the proposed location.
Such outdoor telephone facility shall be approved as to design and color by the Division of Engineering. No facility shall have any lettering, pictorial matter or advertising material display thereon or attached thereto other than the word "telephone(s)" in letters three inches high. Such facility shall be constructed in accordance with specifications approved by the Division of Engineering, including the requirement that each facility shall post the phone owner's name and the PSC-required complaint telephone number, and each facility shall contain a coin-operated telephone(s), in good working order with an instruction card(s), a shelf and a directory(ies) and/or a tollfree information number(s).
A survey, certified by a New York State licensed surveyor, of the location of a proposed facility and a description of the necessary wiring at such location and placement must be approved by the Commissioner of Public Works before the issuance of a license, which is to be approved by the Commissioner of Permit and Inspection Services. The annual license fee shall be as provided in Chapter 175, Fees, and such license shall expire on January 1 of each year. The Commissioner of Permit and Inspection Services may revoke any such license at any time for a violation of any ordinance or regulation pertaining to the maintenance of said facility. It shall be the duty of the licensee or owner of the facility, upon five days' written notice from the Commissioner of Permit and Inspection Services to said licensee or owner, to immediately remove such facility and equipment and replace the street or public place in a safe condition as approved by the Commissioner of Public Works.
An annual fee, as provided in Chapter 175, Fees, shall be charged per each telephone installed within a telephone facility for which a license has been granted pursuant hereto.
No facility, or any portion thereof, shall be placed closer than 18 inches to the curb.
No license shall be issued for the placement of a facility in a park or parkway without prior approval of the Commissioner of Parks.
No facility shall be placed or used on or in any street or public ground in such a manner as to obstruct or interfere with any owner's easement of access to any premises abutting upon or near the location of such facility, nor shall any such facility or the wiring or appurtenances attached thereto be permitted to become or be a nuisance or hazard to uses of the public streets and public grounds or permitted to obstruct the vision of motorists at street intersections.
Each facility shall be maintained in a safe and clean condition and manner, and the telephone installation(s) attached thereto shall be kept in a workable condition.
Any license granted hereunder shall be according to an established form and shall be regularly numbered and duly registered and shall state the number of telephones authorized at a facility and contain such conditions as are reasonable and proper, including conditions with respect to removal of such facility or any telephone attached thereto. These licenses shall continue in effect until revoked by the Commissioner of Permit and Inspection Services or until the telephone facility is ordered removed, or is not in compliance with the special features designed to reduce criminal activity, as directed by the Common Council pursuant to § 441-4 of this chapter.
No license shall be issued nor any telephone facility installed until the licensee, as a prior condition to the issuance of any license hereunder, enters into an agreement with the City of Buffalo providing for, among other things, provisions for payment of commissions by the licensee to the City, and provisions for liability insurance for the protection of the City, indemnifying and holding the City harmless from and against any loss, liability, damage, expense, claim, lien, proceeding or action arising out of or caused by the licensing, placement, location, operation, use, construction and removal of any such outdoor telephone facility, attachments or appurtenances thereto.
[Added 3-21-1995, effective 4-3-1995]
Any violation of this chapter shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each offense, in addition to other penalties, including restitution and removal of telephone facilities placed in violation of this chapter, as may be deemed appropriate by a court of competent jurisdiction.
[Added 12-26-1995, effective 1-8-1996]
After the effective date of this section, no telephone facility shall be placed, maintained or operated on the streets, public grounds or on the City right-of-way unless the telephone facility is individually approved by the Common Council. The Common Council may authorize and direct the approval or denial of such telephone facility based on its effect on the public health, safety, aesthetics or general welfare. As a condition to any approval, the Common Council may require telephone facilities to have special features designed to reduce criminal activity, including but not limited to restrictions on hours of operation and access to cellular phones and paging devices. Subsequent to any approval, the Common Council may order the removal or direct the use of special features designed to reduce criminal activity of a particular telephone facility that is on the streets, public grounds or City right-of-way as defined in this chapter after a determination that use of the telephone facility has a deleterious impact on the surrounding neighborhood or otherwise negatively affects public health, safety, aesthetics or general welfare. Any telephone facility that is not removed or is not in compliance with special features designed to reduce criminal activity within 14 days after the Common Council's directive shall be subject to immediate removal by the City at the owner's expense.