[Adopted 4-26-1994 by G.O. No. 9-1994]
[Amended 1-28-1997 by G.O. No. 3-1997; 11-25-1997 by G.O. No. 14-1997]
The City Council finds and declares that:
A.
The random placement of unauthorized customer-owned or -leased currency-
or credit-operated telephones ("COCOT"), including public telephones,
in the public rights-of-way of the City can and does pose a risk to
the safe passage of pedestrian and vehicular traffic on or near such
locations, interferes with residents and businesses in the vicinity
of such COCOT's and is harming the City's continuing effort to promote
an aesthetically pleasing environment and overall rational planning
for the future of the neighborhoods of Yonkers.
B.
Such unauthorized COCOT's represent a violation of the City's regulatory
and proprietary rights with respect to its streets, sidewalks and
rights-of-way, and fosters an unfortunate perception of disorder and
free rein to place obstructions and encroachments in City streets,
sidewalks and rights-of-way.
C.
The regulation of COCOT's, including public telephones, is part of
a continuing program of managing vehicular and pedestrian traffic
in the City and of maintaining proprietary and regulatory control
over the City's own streets, sidewalks and rights-of-way.
D.
The provisions hereinafter contained and enacted are primarily in
furtherance of and for the purpose of promoting the public safety
and general welfare of persons in the City in their use of public
streets, sidewalks and rights-of-way by balancing the limited public
need for access to telephones against the concerns set forth above.
As used in this article, the following terms shall have the
meanings indicated:
The City of Yonkers.
Any customer-owned or -leased currency-, debit- or credit-operated
telephone, as regulated by the Public Service Commission pursuant
to the New York State Public Service Law and applicable regulations
promulgated thereunder, and, only for the purposes of this article,
any public currency- or credit-operated telephone owned by the local
exchange company (presently known as "New York Telephone"). The term
includes all equipment or furniture ancillary to the telephone itself.
The Commissioner of the Department of Public Works.
The person responsible for placing and maintaining a COCOT
in a public right-of-way after receiving an approved permit from the
City of Yonkers.
The Director of the Office of Licensing of the City of Yonkers.
[Added 1-28-1997 by G.O. No. 3-1997]
The area, other than the sidewalk, between the curb or the
edge of the roadway and the property line adjacent thereto. "Parkway"
shall also include any area within a roadway that is not open to vehicular
travel.
The Director of the Planning Department of the City of Yonkers.
[Added 1-28-1997 by G.O. No. 3-1997]
Any areas dedicated to public use for public street purposes,
and shall include but not be limited to roadways, parkways, alleys
and sidewalks.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
[Amended 1-28-1997 by G.O. No. 3-1997; 11-25-1997 by G.O. No. 14-1997]
It shall be unlawful for any person, firm or corporation to
erect, place, maintain or operate on any public street or sidewalk
or in any other public right-of-way, including any governmental property
or facility or in any place requiring the user to stand in or otherwise
occupy any public right-of-way in the City any COCOT without first
having obtained a permit from the City specifying the exact location
of such COCOT. The granting of a permit shall not be construed to
confer any contractual rights, or any property rights other than a
license to use the City's right-of-way and/or to operate the COCOT,
subject to revocation or expiration as set forth in this article;
and, except as may be specifically provided in this article, the standards
for renewal shall be identical to those for original issuance.
[Amended 1-28-1997 by G.O. No. 3-1997]
A.
Application requirements; location plan criteria.
[Amended 11-25-1997 by G.O. No. 14-1997]
(1)
Application tor a permit pursuant to this article shall be made,
in writing, to the Office of Licensing and shall contain:
(a)
The name, address and telephone number of the applicant;
(b)
The proposed specific location of the COCOT;
(c)
A COCOT location plan which shall show the surrounding physical
features and conditions and shall demonstrate that the COCOT will
comply with all requirements of this article;
(d)
The name, address and telephone number of the person or persons
authorized to receive notice of summary revocation;
(e)
the name, address and telephone number of persons responsible
for the proper maintenance of the COCOT;
(f)
The signature of the applicant under oath; and
(g)
Such other submissions as the Commissioner shall require to
ensure compliance with this article and all other applicable laws.
(2)
The Licensing Director may promulgate criteria for the COCOT
location plans.
B.
An application fee of $250 for each COCOT for which a permit is sought shall accompany the application, said fees to cover review of the permit application. When two or more COCOT's are placed next to each other by the same permittee under § 103-114B, there shall be only one application fee for all of the phones so placed. There shall be no application fee for COCCI's that are located indoors.
[Amended 11-25-1997 by G.O. No. 14-1997; 8-12-2004 by G.O. No. 5-2004]
C.
The COCOT location plan shall be forwarded by the Licensing Director
to the Planning Director. If the Planning Director approves the COCOT
location plan, then the Licensing Director shall determine whether
the application satisfies all other applicable requirements. The decision
of the Licensing Director with respect to an application shall be
based solely upon this article and all other applicable laws.
D.
Applications for renewal shall be filed at least 60 days prior to
expiration of the current permit. A complete application shall be
filed for renewal of every COCOT permit unless the applicant states
that the COCOT location plan on file with the City is true and accurate
and that no conditions or circumstances have changed requiring revision
of the COCOT location plan. There shall be no application fee for
a renewal application unless the renewal application includes a new
or revised COCOT location plan, in which case the renewal application
shall be accompanied by an application fee of $150.
E.
If the Licensing Director approves the application or renewal application, then it shall issue a one-year COCOT permit upon payment of a permit fee of $150 per COCOT, unless the COCOT is located indoors, in which event the permit fee shall be $75. Nothing herein shall prevent the City from collecting an additional commission or other fee from a COCOT service provider who places a COCOT on or in City-owned property. When two or more COCOT's are placed next to each other by the same permittee under § 103-114B, there shall be only one permit fee for all of the phones so placed.
[Amended 11-25-1997 by G.O. No. 14-1997]
F.
For each COCOT which is permitted, the Licensing Director shall issue
a sticker stating the COCOT permit number and the date of the expiration
of the COCOT permit. The permittee shall affix the sticker to the
COCOT in a location which is readily visible, or display the sticker
by other means acceptable to the Licensing Director. If the sticker
is removed or defaced, the permittee shall obtain a replacement sticker
from the Office of Licensing. Replacement stickers shall be issued
by the Office of Licensing upon payment of a fee of $10.
[Amended 11-25-1997 by G.O. No. 14-1997]
[Amended 1-28-1997 by G.O. No. 3-1997]
A.
As a condition of the acceptance of such permit, the prospective
permittee thereby agrees to indemnify and save harmless the City,
its officers, officials, employees and volunteers against any and
all claims, actions, loss, damage, injury, liability, cost and expense
arising out of or incidental to the installation, use or maintenance
of a COCOT within the City.
B.
The applicant shall file a certificate of commercial general liability
insurance in the amount of not less than $1,000,000 combined single
limit per occurrence for bodily injury and property damage, with the
City endorsed as additional insured, said certificate to be approved
as to form, correctness and adequacy by the Licensing Director and
the Corporation Counsel to insure the City against any loss, injury
or damage arising out of the granting of the permit or from any negligence
or fault of said applicant, his agents, servants or employees in connection
with said COCOT or with any work related thereto. Such insurance must
remain in force throughout the effective period of the permit and
shall carry an endorsement to the effect that the insurance company
will give at least 30 days' written notice to the City of any modification
or cancellation of any such insurance.
C.
In addition to the insurance required by Subsection B of this section, the Licensing Director may require such other security as may be required to insure payment of the costs of removal of a COCOT and/or restoration of the area of the COCOT where a COCOT has been removed without any City request or has been removed pursuant to an order under § 103-121 of this article. Such security shall be in such form as the Licensing Director may specify but shall not exceed an aggregate value of $1,000 per COCOT.
D.
Revocation of permit.
(1)
A permit may be summarily revoked if it is regularly abused
for false 911 calls, used for criminal activity or is an imminent
safety hazard. Notice of summary revocation shall be given at least
48 hours in advance of such removal. Notice shall be given by telephone
to the person indicated in the permit application as authorized to
receive such notice. Notice shall also be affixed to the COCOT. The
Licensing Director shall give the permittee an opportunity to be heard,
if requested. If the condition has not been cured to the satisfaction
of the Licensing Director at the end of the forty-eight-hour period,
then the Licensing Director may order the immediate removal of the
COCOT and the decision of the Licensing Director shall be final. If
the COCOT owner fails to immediately remove the COCOT pursuant to
the order of the Licensing Director, then the City may remove the
COCOT and the cost of removal shall be charged to and paid by the
owner of the COCOT.
(2)
A permit shall be valid for one year from the date of issuance
but is revocable in whole or in part by the Licensing Director after
20 days' notice by mail of the grounds for revocation. The Licensing
Director shall give the permittee an opportunity to be heard, if requested.
If the conditions stated in the notice have not been cured to the
satisfaction of the Licensing Director at the end of the twenty-day
period, then the Licensing Director may order the removal of the COCOT
and the decision of the Licensing Director shall be final. If the
COCOT owner fails to remove the COCOT within 10 days pursuant to the
order of the Licensing Director, then the City may remove the COCOT
and the cost of removal shall be charged to and paid by the owner
of the COCOT. The right to revoke a permit pursuant to this subsection
shall be in addition to the right to revoke pursuant to any other
provision of law. Reasons for revocation under this subsection shall
include:
(a)
Traffic conditions.
(b)
A street closing.
(c)
Street construction or resurfacing.
(d)
Change or establishment of street grade.
(e)
Installation of sewers, drains, water pipes, storm drains, pump
stations, force mains or power or signal lines.
(f)
Any improvement, construction or repair related to the City's
or its residents' health, safety or welfare.
(g)
Public safety.
(h)
Nonplacement of the COCOT within 90 days of permit approval.
(i)
Violation of any applicable, federal, state or local law, ordinance
or regulation.
(3)
A permittee may appeal the Licensing Director's decision pursuant to Subsection D(2) to revoke a permit by requesting that the Corporation Counsel review said decision. The application for appeal must be made by letter to the Corporation Counsel within 10 days of the date of revocation.
(4)
If the permit is revoked pursuant to § 103-111D(1), D(2)(a) through (g) or E, the Licensing Director may: reinstate the permit if, in the Licensing Director's judgment, the reason for revocation is resolved during the remainder of the term of the permit; or refund the annual permit fee set forth in § 103-110E above, on a pro rata basis upon request of the permittee.
[Added 11-25-1997 by G.O. No. 14-1997]
E.
In cases of imminent public emergency or need, the City may remove
a COCOT and/or revoke a permit immediately but, where practicable,
shall, in such cases, allow the permittee to remove its own COCOT(s).
F.
If not earlier revoked, the permit will terminate in one year and
will be subject to application for renewal.
G.
The permittee shall install, operate and maintain its COCOT's in
conformance with all applicable local, state and federal laws, including
but not limited to requirements of the New York State General Business
Law (such as General Business Law § 336-b) and Public Service
Law, and all applicable regulations promulgated by the New York State
Public Service Commission (such as 16 NYCRR Part 650 or its successor
provision). In the event that the New York State Public Service Commission
orders the discontinuance of service of any COCOT, the COCOT shall
be immediately removed.
H.
No renewal permit may be granted if the New York State Public Service
Commission has ordered the discontinuance of service of a permittee's
COCOT at the location.
I.
If, for any reason, a COCOT is removed by the permittee, the permittee
shall notify the Licensing Director in advance and shall restore the
area to a condition satisfactory to the Licensing Director.
[Amended 1-28-1997 by G.O. No. 3-1997]
All COCOT's regulated in this article shall comply with the
following standards:
A.
No COCOT shall be used for advertising signs or publicity purposes
other than those dealing with the use of the COCOT itself.
B.
Each coin-operated COCOT shall be equipped with a coin-return mechanism
to permit a person using the COCOT to secure an immediate refund in
the event that the call paid for by the user is unable to be completed.
The coin-return mechanism shall be maintained in good working order.
C.
Each COCOT shall have affixed to it in a readily visible place so
as to be seen by anyone using the COCOT a notice setting forth:
(1)
The identity, address, phone number and permit number of the
COCOT permittee.
(2)
A statement that calls can be made at no charge to the 911 emergency
number, the operator and, where applicable, to local directory assistance.
(3)
Specific dialing and coin deposit/return information, including
instructions for accessing a local exchange telephone company operator
and directory assistance.
(4)
The rates charged for local calls, including the initial charge
for a local call and the rates charged for additional time periods.
(5)
The identity of the interexchange company carrying calls for
the COCOT and instructions for obtaining access to the other interexchange
companies.
(6)
Where applicable, a notice specifying any charges, in addition
to rates charged for local or long distance calls, for the use of
the telephone or telephone equipment.
(7)
A toll-free number which the caller can use to obtain information
on the rates, surcharges, terms or conditions applicable to calls
placed from the COCOT.
(8)
The toll-free number to call for resolution by the COCOT of
a billing or service complaint and the toll-free number of the Public
Service Commission to call for assistance in resolving a complaint.
D.
Each COCOT shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each COCOT shall be serviced and maintained
so that:
(1)
It is reasonably free of dirt and grease.
(2)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
(3)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereof.
(4)
The clear plastic or glass parts thereof, if any, are unbroken
and reasonably free of cracks, dents, blemishes and discoloration.
(5)
The paper or cardboard parts or inserts thereof, if any, are
reasonably free of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly misshapen.
(7)
It is reasonably free of graffiti or other defacement.
(8)
It is generally operable, provided that if a COCOT is found,
upon inspection, to be inoperable twice in a period of not less than
30 days, it shall be deemed not generally operable.
E.
Within 10 days of the issuance of an order by the Licensing Director,
a permittee shall ensure that a COCOT is restricted to outgoing calls
and/or, where such order so provides, authorize the Licensing Director,
in writing, to directly instruct the local exchange company to restrict
the COCOT to outgoing calls. A restriction to outgoing calls may,
in addition, be made a condition of a permit. Those COCOT's so designated
in the Licensing Director's order or by restricted permit may maintain
incoming lines only for the purpose of allowing the permittee to perform
electronic tests on the COCOT equipment.
[Amended 1-28-1997 by G.O. No. 3-1997]
Pursuant to General Municipal Law § 206, every COCOT
within the City shall afford to police officers and fire fighters
the free use of its telephones for the purpose of making and receiving
reports and communications in the course of the performance of their
official duties. The Licensing Director shall ensure that permittees
comply with this section in a manner that furthers public safety.
[Amended 1-28-1997 by G.O. No. 3-1997]
All COCOT's regulated in this article shall be located in accordance
with the provisions of this section:
A.
No COCOT shall be used or maintained which projects onto, into or
over any part of the roadway of any public street or which rests,
wholly or in part, upon, along or over any portion of the roadway
of any public street or which requires the user to stand in or otherwise
occupy any part of the roadway of any public street.
B.
A maximum of two COCOT's may be placed next to each other and only
by the same permittee, unless the COCOT's are located (i) in a public
park, or (ii) the COCOT's are 30 feet or more from a City street,
in which event(s) a maximum of five COCOT's may be placed next to
each other by the same permittee, or more than five, under circumstances
(i) or (ii) above and upon application to, and approval by, the Planning
Board. There is no limitation on the number of COCOT's that can be
placed next to each other by the same permittee indoors.
[Amended 11-25-1997 by G.O. No. 14-1997]
C.
No COCOT that is located outdoors shall be placed, installed, used
or maintained:
[Amended 11-25-1997 by G.O. No. 14-1997]
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of the curb return of any unmarked crosswalk.
(3)
Within 15 feet of any fire hydrant.
(4)
Within five feet of any fire call box, police call box or other
emergency facility.
(5)
Within five feet of any driveway.
(6)
Within three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
(7)
Within three feet of the outer end of any bus bench.
(8)
Within three feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping.
(9)
Within 150 feet of any other COCOT that is located outdoors
and on the same side of the same block, except when two units are
installed by the same permittee next to each other.
(10)
On any access ramp for persons with physical disabilities.
(11)
On the face of any building so that the COCOT intrudes into
the public right-of-way, unless the COCOT utilizes a support structure
as approved by the Licensing Director.
(12)
At any location where it substantially interferes with pedestrian
or vehicular traffic or the rights of nearby property owners.
(13)
At any location for which a permit has been or would be revoked under the criteria of § 103-111 or at which a COCOT has been removed by or at the request or order of the Licensing Director pursuant to this article, unless the Licensing Director finds that the problem location has been addressed and is not likely to recur, provided that this subsection shall apply only to decisions on applications for new and renewal permits.
(14)
Within three feet of the display window of a retail store, unless
with the written consent of the owner of such store.
D.
In the event that two or more potential permittees apply for mutually
inconsistent locations and the potential permittees otherwise comply
with this article, the Licensing Director shall make an appropriate
selection between the potential permittees and may consider the following
factors in making such selection:
(1)
Quality and cost of service offered to the public.
(2)
Revenue to the City.
(3)
Degree of interference with pedestrian and vehicular traffic,
rights of nearby property owners or property rights of the City.
(4)
Aesthetics.
(5)
Equitable treatment of applicants on a Citywide basis, to the
extent practicable, consistent with other factors and standards in
this article.
A COCOT licensee shall obtain, at its own expense, all permits
and licenses required by law, rule, regulations or ordinance and maintain
the same in full force and effect for as long as required. In addition,
such licensee shall obtain all other consents or authorizations, whether
public or private, required by law.
A COCOT licensee shall construct, operate, maintain, repair,
remove, replace or restore the COCOT in strict compliance with all
current technical codes adopted by the City, the state or the United
States, including but not limited to building, construction, fire
protection and zoning codes.
A.
During any phase of construction, installation, maintenance and repair
of the COCOT, the COCOT licensee shall use material of good and durable
quality, and all such work shall be performed in a safe, thorough
and reliable manner.
B.
All wires, conduits, cable (coaxial, fiber or functional equivalent)
and other property and facilities of a COCOT licensee shall be so
located, constructed, installed and maintained so as not to endanger
or unnecessarily interfere with usual and customary use, traffic and
travel upon the streets, sidewalks, rights-of-way, easements and public
ways of the City.
C.
In the event that a COCOT creates a hazardous or unsafe condition
or an unreasonable interference with property, then, at its own expense,
such COCOT licensee shall voluntarily, or upon the request of the
City, remove that part of the system that creates the hazardous condition
from the subject property.
D.
A COCOT licensee shall not place equipment where it will interfere
with the rights of property owners or with gas, electric or telephone
fixtures, or with water hydrants or mains, or with wastewater pump
stations, or with any other service or facility that benefits the
City's or its residents' health, safety or welfare.
E.
A COCOT licensee, at its own expense, shall protect rights-of-way
and easements and support or temporarily disconnect or relocate in
the same street or other public way any property of such COCOT licensee
when necessitated by reason of:
(1)
Traffic conditions.
(2)
Public safety.
(3)
A street closing.
(4)
Street construction or resurfacing.
(5)
A change or establishment of street grade.
(6)
Installation of sewers, drains, water pipes, storm drains, pump
stations, force mains or power or signal lines.
(7)
Any improvement, construction or repair related to the City's
or its residents' health, safety or welfare.
F.
It shall be the responsibility of a COCOT licensee to locate and
mark or otherwise visibly indicate and alert others to the location
of any construction, excavation or installation of an aboveground
structure or its underground cable (coaxial, fiber or functional equivalent)
before the COCOT licensee engages in such activity in the marked-off
area.
[1]
Editor's Note: Former § 103-118, Commissions, was
repealed 1-28-1997 by G.O. No. 3-1997.
[Amended 1-28-1997 by G.O. No. 3-1997]
A.
If, at any time, the Federal Communications Commission or New York
State Public Service Commission or another federal or state agency
requires or requests the submission of reports, data or other information
by a COCOT operator, then such COCOT permittee shall, at the same
time, without a separate or specific request, submit those reports,
data or other information to the Licensing Director; provided, however,
that this subsection shall not apply to information protected under
federal or state privacy laws. Such submissions are limited to matters
affecting the permittee's operation of COCOT's in the City of Yonkers.
B.
With respect to any enforcement proceeding brought by the New York
State Public Service Commission pursuant to its regulations, the permittee
shall promptly file with the Licensing Director any violation notices
issued against the permittee regarding any COCOT located in the City
as well as copies of any other documents subsequently filed with the
Public Service Commission that relate to such notices. The permittee
shall also file with the Licensing Director copies of any subsequent
communications, including dispositions, from the Public Service Commission
that relate to such notices.
C.
A COCOT permittee shall timely submit all reports required by this
article.
[1]
Editor's Note: Former § 103-120, Books and records,
was repealed 1-28-1997 by G.O. No. 3-1997.
A.
Upon a determination by the Commissioner that a person is in violation
of this article, an order to correct the violation will be issued.
Such order may be telephoned to such person and shall be mailed. The
order shall specifically describe the section of this article violated
and contain the actions necessary to correct the violations. It may
provide for but shall not be limited to revocation of the permit for
and/or removal of one or more COCOT's. The order shall take effect
within 20 days after mailing unless modified or vacated by the Commissioner.
During such twenty-day period, the person may make written submissions
to the Commissioner relevant to such order. In the event of noncompliance
with the order within five days after its effective date, the person's
COCOT may be summarily removed. In addition, the City may at any time
after the effective date of such order seek civil or criminal penalties
for violations of this article, whether or not such violations have
been corrected after issuance of an order. If the owner of a COCOT
that violates this article is not readily identifiable, it shall be
removed immediately and processed as unclaimed property.
B.
An impound fee, which shall be measured by the City's cost and expense of impounding the COCOT and appropriately restoring the area, shall be assessed against each COCOT summarily removed. The Commissioner may cause inspections to be made of corrected conditions ordered under Subsection A hereof or of a COCOT reinstalled after removal under this section. The COCOT licensee shall be charged an inspection fee of $25 for each COCOT so inspected. Fees imposed under this subsection shall be in addition to all other fees and charges required under this article.
The term "Commissioner of Public Works," as used in this article,
shall include his or her designated representative.
[Amended 1-28-1997 by G.O. No. 3-1997; 11-25-1997 by G.O. No. 14-1997]
Any person who, prior to January 1, 1997, erected, placed, maintained or operated a COCOT that would require a permit pursuant to this article shall apply for a permit by March 1, 1997. In the event that a permit application for a location is subsequently denied, the existing COCOT shall be removed and the area of the COCOT restored to a satisfactory condition within 30 days after such denial, and it shall be deemed in violation of this article and subject to immediate removal by the City at any time after such thirty-day period. In the event that a permit application is not filed for an existing COCOT by December 1, 1997, the existing COCOT shall be removed and the area of the COCOT restored to a satisfactory condition by December 31, 1997, and it shall be deemed in violation of this article and subject to immediate removal by the City at any time after March 31, 1997. Notwithstanding any other provision of this section, an existing COCOT subject to the provisions of this section, shall in addition be subject to removal by the City or the owner of the COCOT where such removal could be required of a permitted COCOT pursuant to § 103-111D of this article.
