[HISTORY: Adopted by the Borough Council of the Borough of Marcus Hook as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 175.
Zoning — See Ch. 196.
[Adopted 8-8-1995 by Ord. No. O-95-3, approved 8-8-1995]
No person may place or maintain any outdoor telephone on, above, abutting or adjacent to any public street or sidewalk without having first obtained a permit as provided in this article. Permits shall be issued subject to the approval of the location and means of installation of the telephone by the Code Enforcement Officer of the Borough of Marcus Hook. Before installation, a plan or sketch of the telephone and its enclosure shall be furnished in sufficient detail to describe the size, location, equipment and means of installation and cabling.
The initial fee for a permit shall be $25 for each telephone. The annual renewal fee shall be $10 for each telephone.
The Borough of Marcus Hook shall be informed of the intent of any person to remove or relocate a telephone. Relocation of a telephone requires compliance with § 182-1 hereof.
The Borough of Marcus Hook 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.
No fees shall be charged for telephones furnished by the Borough of Marcus Hook as an accommodation to the public or for permits issued to any nonprofit entity. Such entity shall not, however, be exempt from the regulatory provisions of this article.
A. 
Any telephone installation subject to this article shall comply with the following standards:
(1) 
No booth surrounding a telephone shall exceed eight feet in height, four feet in width or four feet in thickness.
(2) 
Each telephone shall be equipped with a coin-returning mechanism to permit a person using the machine to secure an immediate refund if a call cannot be placed. The coin mechanism shall be maintained in good working order.
(3) 
Each telephone shall have affixed to it, in a place visible to everyone using the telephone, the name and address of the distributor and the telephone number of a working telephone service to report a malfunction, secure a refund or give the notices provided for in this article.
(4) 
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 serviced and maintained so that:
(a) 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
(b) 
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
(c) 
Any clear plastic or glass parts are unbroken and reasonably free of cracks, dents, graffiti, blemishes and discolorations.
(d) 
Any paper or cardboard parts or inserts are reasonably free of tears, peeling or fading.
(e) 
The structural parts thereof are not broken or unduly misshapen.
(f) 
The telephone receiver is attached to the telephone.
B. 
Any person who fails to maintain a telephone in working condition may be given a ten-day notice by the Borough of Marcus Hook to repair the telephone.
C. 
Each telephone shall, upon the written request of the Borough Manager, be capable of being restricted to outgoing calls only within 10 days of the request.
A. 
Telephones shall permit the following calls to be placed without charge:
(1) 
Calls to the 911 emergency number.
(2) 
Emergency calls placed through operator assistance to the Police and Fire Departments of the Borough.
B. 
Current telephone rates for a local coin call shall be posted on the telephone or on the telephone booth if applicable.
C. 
Toll rate quotations must be available from the operator upon request.
A. 
No telephone shall be installed in a residential zone.
B. 
No telephone shall be permitted to rest upon, in, over or adjacent to any public street or sidewalk when such installation, use or maintenance:
(1) 
Endangers the safety of persons or property.
(2) 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles.
C. 
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 chained or otherwise secured to any traffic or street signs, signals, hydrants or mailboxes.
D. 
No telephone will be permitted to be installed or relocated within 500 feet of an existing telephone which is external to a structure.
The owners of existing telephones shall apply for the permit required hereunder within 30 days from the date this article becomes final. The Borough of Marcus Hook reserves the right to reject any and all locations submitted for approval based upon their existing conformance to this article. However, the location of all existing telephones which are external to structures shall be permitted to continue to exist in that location regardless of whether or not the location is in conformity with this article. Existing telephones external to structures as of the time of the adoption of this article will, however, have to comply with the maintenance requirements contained in this article.
Any violation of this article will subject the property owner to fines and penalties in accordance with the general Code provision.