The City Council of the City of Mount Vernon finds and declares
that:
A. The uncontrolled placement of customer-owned or -leased currency-
or credit-operated telephones (COCOT) and public telephones in public
rights-of-way presents an inconvenience and danger to the safety and
welfare of persons using such rights-of-way, including pedestrians,
persons entering and leaving vehicles and buildings and persons performing
essential utility, traffic control and emergency services.
B. Said telephones so located as to cause an inconvenience or danger
to persons using public rights-of-way or improperly maintained or
illegally operated in violation of the New York State Public Service
Law promulgated by the New York State Public Service Commission located
therein constitute public nuisances.
C. The provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of securing and promoting
the public health, morals and general welfare of persons in the City
of Mount Vernon in their use of public rights-of-way.
As used in this article, the following terms shall have the
meaning indicated:
CITY
The City of Mount Vernon.
COCOT
Any customer-owned or -leased currency- 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").
LICENSEE
The person responsible for placing and maintaining a COCOT
in a public right-of-way.
MONTHLY GROSS USAGE
The sum total of all charges paid by or billed to customers
for use of a COCOT during a calendar month.
PARKWAY
That area between the sidewalks and the curb of any street
and, where there is no sidewalk, that area between the edge of the
roadway and property line adjacent thereto. "Parkway" shall also include
any area within a roadway that is not open to vehicular travel.
PUBLIC RIGHT-OF-WAY
Any areas dedicated to public use for public street purposes
and shall include, but not be limited to, roadways, parkways, alleys
and sidewalks.
ROADWAY
That portion of a street improved, designed or ordinarily
used for vehicular travel.
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 or in any place requiring the
user to stand or otherwise occupy any public right-of-way in the City
of Mount Vernon any COCOT without first having obtained a permit from
the City specifying the exact location of such COCOT. One permit may
be issued to include any number of COCOTs and shall be signed by the
applicant and countersigned by both the City Clerk and Commissioner
of the Department of Public Works and bear the imprint of the Official
Seal of the City of Mount Vernon.
Application for such permit shall be made, in writing, to the City Clerk upon such form as shall be provided by him and shall contain the name and address of the applicant and the proposed specific location of said COCOT and shall be signed by the applicant. The application shall be referred by the City Clerk to the Commissioner of the Department of Public Works of the City to determine if the specified locations comply with the requirements of §
227-58.7. A fee of $100, plus $25 for each COCOT for which a permit is sought, shall accompany the application.
Any COCOT which, in whole or in part, rests upon, in or over
any public right-of-way or which requires the user to stand or otherwise
occupy any public right-of-way shall comply with the following standards:
A. No COCOT shall be used for advertising signs or publicity purposes
other than that dealing with the use of the COCOT itself.
B. Each 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 mechanisms 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 and address of the COCOT licensee;
(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 from
the COCOT and instructions for obtaining access to the other interexchange
companies;
(6)
Where applicable, a notice that additional charges are imposed
by the COCOT licensee for the use of the telephone or telephone equipment
for the placing of a call;
(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; and
(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 thereon.
(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.
Any COCOT which rests in whole or in part upon or on any portion
of a public right-of-way or which projects onto, into or over any
part of a public right-of-way or which requires the user to stand
in or otherwise occupy any part of a public right-of-way shall be
located in accordance with the provisions of this section, as follows:
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 COCOTs may be placed next to each other and only
by the same licensee.
C. No COCOT shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of the curb return of any unmarked crosswalk.
(3)
Within five feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
Within three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop.
(6)
Within three feet of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six feet.
(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, except when two units are
installed by the same licensee next to each other.
(10)
On any handicap access ramp.
A COCOT licensee shall obtain at its own expense all permits
and licenses required by law, rule, regulation or ordinance and maintain
the same in full force and effect for as long as required.
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this article
may appeal and shall be advised of his right to appeal to the City
Council. An appeal must be perfected within three days after receipt
of notice of any protested decision or action by filing with the office
of the City Clerk a letter of appeal briefly stating therein the basis
for such appeal. A hearing shall be held on a date no more than 10
days after receipt of the letter of appeal. The appellant shall be
given at least five days' notice of the time and place of the hearing.
The City Council shall give the appellant and any other interested
party a reasonable opportunity to be heard in order to show cause
why the determination of the Commissioner of Public Works or the City
Clerk should not be upheld. At the conclusion of the hearing, the
City Council shall make a final and conclusive decision. This decision
shall be immediately appealable to a court of competent jurisdiction.
"City Clerk," as used in this article, shall include his/her
designated representative.
In the event that a COCOT remains inoperable for a period of 30 continuous days or in the event that the New York State Public Service Commission orders the discontinuance of service of any COCOT, the same shall be deemed abandoned and may be treated in the manner as provided in §
227-58.15 for COCOTs in violation of the provisions of this article.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this article.
This article shall take effect October 31, 1991.