[Ord. of 8-6-2001]
Whenever used in this chapter:
The Chief of Police of the City of Milford.
The City of Milford.
The Department of Public Works.
The Director of the Department of Public Works.
A natural person or business entity which owns, leases, or
is otherwise responsible for the installation, operation and maintenance
of a public pay telephone.
An authorization by the Department to install, operate and
maintain a public pay telephone at a location on, over or under a
street or other inalienable property of the City.
The use of a public pay telephone on a regular basis which
the Chief and/or Director has reasonable cause to believe is a threat
to public health, safety and welfare and/or is in furtherance of unlawful
activity.
A telephone and associated equipment, from which calls can
be paid for at the time they are made by a coin, credit card, prepaid
debit card or in any other manner, which is available for use by the
public and provides access to the switched telephone network for the
purpose of voice or data communications. The term "public pay telephone"
shall include any pedestal or telephone bank supporting one or more
such telephones, associated enclosures, signage and other associated
equipment.
A street or sidewalk within the street lines dedicated to
public travel.
[Ord. of 8-6-2001]
No public pay telephone shall be installed, operated or maintained
on, over or under any street or other property of the City without
a permit. The permit shall be effective as of January 1 of the year
issued and shall be for a three-year time period from the permit's
effective date.
[Ord. of 8-6-2001]
The Director may issue and renew permits under this chapter
based upon determination, at his or her discretion, that issuance
or renewal of a permit would be in the best interests of the City,
provided that:
(a)
No permit shall be issued until the owner submits a specific site
plan to the Director for his review and approval.
(b)
No permit shall be issued or renewed for the installation, operation
or maintenance of a public pay telephone at any location where it
will unreasonably interfere with the use of a street by the public,
where there is no demonstrable need for a public telephone, where
there already exists a public telephone within 100 feet where it would
impede visibility or otherwise constitute a public nuisance.
(c)
A permit may be conditioned upon the limitation of the type of public
pay telephone service, as recommended by the Chief.
[Ord. of 8-6-2001]
(a)
A permit for a public pay telephone shall continue in effect for
the term set forth in this chapter of the Ordinances of the City of
Milford, unless:
(b)
The owner shall restore the sidewalk when the public pay telephone
is removed. In the event the owner fails to remove the public pay
telephone within the time period specified, the Director may remove
or cause the removal of the public pay telephone and have repair and
restoration work performed at the expense of the owner.
(c)
The Chief may find that a public pay telephone is a public nuisance
in that it is used in the furtherance of unlawful activity. The Chief
shall give written notification to the Director who shall order its
removal.
(d)
The Director, at any time, has the option to order the type of telephone
services limited instead of ordering the removal of the telephone.
[Ord. of 8-6-2001]
A permit issued under this chapter shall not constitute an authorization
to place advertising upon a public pay telephone.
[Ord. of 8-6-2001]
A fee of $100 for issuance, renewal or transfer of permits pursuant
to this chapter to compensate the City for the administrative expense
of issuing or renewing a permit and the expense of inspections and
other activities related thereto.
[Ord. of 8-6-2001]
No permit issued under this chapter shall be transferred except
as may be authorized by rule of the Director.
[Ord. of 8-6-2001]
(a)
Any owner who installs, operates or maintains a public pay telephone
on, over or under any street or other inalienable property of the
City without a permit therefor shall pay a fine of $100 per day per
pay telephone.
(b)
The Director may also order the removal of a public pay telephone
which is in violation of this chapter or which is located without
a proper permit. If the owner fails to remove the public pay telephone
within 15 days after the order, the Director may do so. The Director
shall store the public pay telephone and, if the owner does not recover
the public pay telephone within 30 days, the Director may dispose
of it in a reasonably commercial manner. The owner shall be responsible
for direct costs, storage costs and remediation costs.
(c)
The owner shall keep the public pay telephone free of graffiti and
keep the public pay phone and the area of two feet radius around the
public pay telephone free of trash and of snow and ice.
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The public pay telephone chapter shall be applicable to public
pay telephones installed prior to, as well as subsequent to, the date
of the adoption of this chapter.
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