[Ord. No. 3525, 11-18-1997, § 1]
(a)
No person, corporation or other entity may place or maintain any
outdoor public telephone on or above any public street or sidewalk
without having first obtained a permit as provided herein.
(b)
No public telephone shall be installed in a residential zone.
(c)
No telephone shall be permitted to rest upon, in or over 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;
(3)
Unreasonably interferes with the ingress or egress from any
residence, place, or place of business; or
(4)
Interferes with the use of traffic signs or signals, hydrants
or mailboxes permitted at or near said locations.
(d)
Public 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.
[Ord. No. 3525, 11-18-1997, § 1]
As used in this article, the following terms shall have the
meanings indicated:
A public right-of-way, private sidewalk between right-of-way
and building, public lots and private lots frequented by the general
public.
The person responsible for placing and maintaining an outdoor
public telephone.
[Ord. No. 3525, 11-18-1997, § 1]
(a)
Application for permits provided for hereunder shall be made, in
writing, to the office of the Township Engineer upon such form as
shall be provided and shall contain the name and address of the applicant
and the proposed specific location of the outdoor public telephone(s)
and shall be signed by the applicant.
(b)
The application must be accompanied by a drawing to scale of the
proposed outdoor public telephone(s) in sufficient detail to describe
the appearance, dimensions, location, permanent features within a
twenty-foot radius, equipment and means of installation and cabling.
(c)
Before receiving a permit for a public telephone(s), an applicant
shall also furnish the following:
(1)
Written consent of the owner of the property where the telephone(s)
is installed or connection made.
(2)
Indemnification agreement by which the applicant agrees to indemnify
and hold harmless the Township of Teaneck 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, ownership or use of each public telephone, including
the applicant's public telephones and equipment.
(3)
General liability insurance policy of $1,000,000 for bodily
injury and $50,000 for property damage, naming the Township of Teaneck,
its officers and employees as an additional insured, insuring against
injury, loss or damage that may result from placing or maintaining
the public telephones or on about the sidewalk.
(4)
Written authorization confirming the Township's right to remove
any such telephone, at the applicant's sole cost, for any violation
of this article.
[Ord. No. 3525, 11-18-1997, § 1]
(a)
No booths surrounding a telephone shall exceed eight feet in height,
four feet in width or four feet in depth. Side walls of any booth
or structure enclosing an outdoor public telephone shall be of a clear
material allowing the person using the outside public telephone to
be seen from the outside.
(b)
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 mechanism shall be maintained in
good working order.
(c)
Each telephone shall have affixed to it, in a place visible to everyone
using the telephone, the name and address of the permit holder, the
telephone number of a working telephone service to report a malfunction,
secure a refund or give the notices provided for in this section,
and the permit number assigned by the Township.
(d)
Telephones and their enclosures and appurtenances shall be in good
repair and in a neat and clean condition at all times. In addition,
they shall be free of peeling and faded paint, rust, graffiti and
advertisements of all kinds.
(e)
Current telephone rates for a local coin call shall be posted on
the telephone or on the telephone booth if applicable. The local and
long distance carrier shall be identified on the telephone. Toll rate
quotations must be available from the operator upon request and free
of charge.
[Ord. No. 3525, 11-18-1997, § 1]
(a)
The owner or operator of all existing public telephones shall apply
for the permit required hereunder within 30 days from the date this
article takes effect.
(b)
The Township Engineer shall be informed, in writing, of the intent
of any permit holder to remove or relocate a telephone for which a
permit has been issued. Any relocation of an outdoor public telephone
shall require a new application process.
(c)
The Township of Teaneck reserves the right to reject any and all
existing locations submitted for approval based upon their compliance
with the standards set forth by this article.
(d)
The permit approval process and fees set forth herein shall not apply
to any telephone installations subject to an agreement with the Township
providing for the payment of an annual commission to the Township.
(e)
Each telephone shall, upon the written request of the Township Manager,
be restricted to outgoing calls only, within 10 days of the request.
Said ten-day period shall be deemed to commence on the next weekday
after the date of mailing.
(f)
The Township Engineer may reject any permit application or require
the removal of an existing outdoor public telephone if the public
telephone has the potential or has demonstrated a propensity to create
or contribute to illegal or illicit activities.
[Ord. No. 3525, 11-18-1997, § 1]
(a)
If a permit is not obtained within the time specified herein or if
the Township Engineer revokes a permit or rejects any application
for a permit, the owner shall forthwith remove said public telephone(s)
and their enclosures and appurtenances.
(b)
Any permit holder who fails to maintain a telephone and its enclosure
and appurtenances as stated herein shall be given a ten-day notice
to correct the violation cited by the Township Engineer or his designee.
Said ten-day period shall be deemed to commence on the next weekday
after the date of mailing.
(c)
If the owner fails or refuses to remove said public telephone(s)
and their enclosures and appurtenances within the appropriate notification
period, the Township Engineer or his designee may cause the public
telephone(s) and ancillary equipment to be removed.
[Ord. No. 3525, 11-18-1997, § 1]
(a)
Public telephone(s) and their enclosures and appurtenances removed by the Township shall be released to the lawful owner thereof upon payment of all removal costs and a fee as set forth in Appendix III of Chapter 2, payable to the Township prior to such release.
(b)
If no person makes a claim for return of a public telephone and its
enclosure and appurtenances removed by the Township under this section
within six months from the date of removal, the same may be disposed
of pursuant to N.J.S.A. 40A:14-157 at which time any money contained
in the coin box shall revert to the Township.
