As used in this chapter, the following terms
shall have the meanings indicated:
PROVIDER
The person(s), firm(s), corporation(s) or other entities
who own and/or operate any public telephone placed in the Borough
sidewalks and any other entity responsible for its maintenance or
operation.
PUBLIC TELEPHONE
Any self-service or coin-operated telephone available for
use by the public and associated facilities, such as enclosures, pedestals,
and cable, located in or over the surface of any Borough sidewalk.
SIDEWALKS
The public sidewalks, and other public rights-of-way dedicated
to the Borough for public use for pedestrian use in the Borough.
No person, firm or corporation (unless otherwise
expressly authorized to place its facilities in the sidewalks under
applicable laws, regulations or ordinances) may place, maintain or
operate any public telephone in, on or about the sidewalks of the
Borough without having first obtained a permit from the Borough pursuant
to this chapter.
Applications for such permits shall be made
in the form specified by the Borough and shall be submitted to the
Borough Administrator for approval. Such applications shall include
the name and address of the applicant and other providers as defined
above, the location for the public telephone(s) for which a permit
is sought, a description of the public telephone, and such other information
as shall be reasonably required by the Borough or its designated representative.
A permit fee in the amount of $25 shall be submitted
for each public telephone for which a permit is sought under this
chapter. In lieu of such permit fee, the provider may pay the gross
receipts and franchise taxes required under N.J.S.A. 54:30A-18 for
such use of the sidewalks for placement of the public telephones,
provided that such amount equals or exceeds the permit fee(s) that
would otherwise be required.
All public telephones shall be installed, operated
and maintained in accordance with all applicable laws and regulations.
All public telephones shall be maintained in satisfactory working
order and promptly repaired when required. Telephones shall permit
emergency calls to be placed to the 911 emergency number and to be
placed through operator assistance to the Police and Fire Departments.
Current telephone rates for a local coin call shall be posted on the
telephone or on the telephone booth if applicable. Toll rate quotations
must be available from the operator upon request and shall comply
with all applicable laws and regulations and with all applicable tariffs
filed with the New Jersey Board of Regulatory Commissioners and Federal
Communications Commission, and their successor agencies.
The provider of any public telephone for which
a permit has been granted under this chapter shall notify the Borough
of any removal or relocation of such public telephone.
Installation of any public telephone without
a permit in violation of this chapter shall subject the violator to
a fine of not less than $100 nor more than $500. If any violation
of this chapter is not corrected by the violator within 30 days of
receipt of notice from the Borough of such violation, then the Borough
may revoke the permit for such public telephone and require the public
telephone to be immediately removed at the sole expense of the provider.
If such public telephone is not immediately removed within 10 days
of such written notice of revocation from the Borough, then such public
telephone shall be subject to removal by the Borough without further
notice, and the Borough shall have no liability whatsoever in connection
with any such removal of such public telephone or any resulting loss
or damage to such public telephone. Any such removal by the Borough
shall be at the sole expense of the provider.
The provider of any public telephone located
in the sidewalks shall indemnify and hold the Borough harmless from
any claims and liabilities for bodily injuries or damage to real or
tangible personal property caused by any dangerous condition of the
provider's public telephone or by any negligent acts or omissions
of the provider in connection with the installation or maintenance
of its public telephones. In addition, the provider shall maintain
in effect comprehensive general liability insurance in amounts not
less than $500,000, with respect to such public telephones, at all
times during which such public telephones are located within the sidewalks
of the Borough, or the provider shall furnish to the Borough satisfactory
evidence that it is self-insured in accordance with applicable laws
and that it has sufficient resources satisfactory to the Borough to
support such self-insurance program.
Public telephones installed prior to the effective
date of this chapter shall be granted "grandfathered status," provided
that the Borough receives a list of such public telephones within
90 days after the approval of this chapter from the location owner
or the provider(s) of such public telephones. Permits shall not be
required under this chapter for public telephones which are granted
grandfathered status, but all other requirements of the chapter shall
apply to such public telephones. The Borough will review all lists
submitted for grandfathered status and reserves the right to reject
any or all public telephones submitted for approval based upon their
existing conformance to this chapter.