As used in this chapter, the terms below shall have the following
meanings:
ILLEGAL OR ILLICIT ACTIVITY
Activity which is prescribed by Title 2C of the New Jersey
Statutes or any Borough ordinance or any federal law or regulation.
A presumption of illegal or illicit activity will be created if on
at least four occasions within any thirty-day period the police have
responded to the location of a telephone due to allegations of criminal
activity in connection with the telephone.
LICENSEE
Any person responsible for placing and/or maintaining a telephone
in a public way, and receiving a permit therefor.
PERSON
An individual, business, firm, corporation, association,
partnership or other organization, group or entity.
SIDEWALK
Any surface provided for the use of pedestrians.
STREET
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys,
sidewalks and air space above such surfaces.
TELEPHONE
Any self-service, credit card or coin-operated telephone,
banks of such telephones placed adjacent to each other, and booths
encompassing same, located in or over a public sidewalk or street.
[Amended 10-12-2023 by Ord. No. NP2023-16]
A. In addition to any other penalties for violation of this chapter,
the Borough Manager or his designee may, after notice and hearing
and for just cause, suspend, revoke or not renew any license issued
hereunder for:
(1) Any violation of the provisions of this chapter.
(2) Failure to comply with any federal or state laws and/or regulations
or any Borough ordinance pertaining to the operation of telephones.
(3) Any cause which would have been cause for rejection of the application
in the first instance.
(4) A material and knowing misstatement or omission of information required
on the application pursuant to this chapter. The question of whether
a misstatement or omission is material and knowing shall be a question
of fact for the fact finder.
(5) A finding, upon receipt of a complaint by any citizen or upon request
of the Chief of Police of the Borough of Red Bank or his designee,
that the location and/or use of a public telephone constitutes a threat
to the health, safety and welfare of the citizens of the Borough.
B. Any hearing authorized under this chapter shall be conducted before
the Borough Manager or a designee and shall require written notice
to the licensee, which notice shall be given not less than 10 days
prior to the date scheduled for said hearing.
Any violation of this chapter shall subject the violator to
a fine of not less than $100 nor more than $1,000 and/or imprisonment
of up to 90 days and/or community or public service of up to 90 days.
Each noncomplying telephone violation shall constitute a separate
violation. Each day of said violation shall constitute a separate
violation.