[HISTORY: Adopted by the City Council of the City of Orange
Township 3-7-1995 as Ord. No. 4-95.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 148,
Pay Telephones, adopted 11-4-1992 as Ord. No. 29-92.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person responsible for placing and maintaining a pay
telephone.
Any self-service or coin- or credit-card-operated telephone
or bank of such telephones placed adjacent to each other, located
in or over a public sidewalk or street.
An individual, business, firm, corporation, association,
partnership or other organization or group of persons.
That area dedicated to public use for pedestrian traffic.
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys
and sidewalks.
A.
No person, association, partnership or corporation may place or maintain
any pay telephone on or above any public street or sidewalk without
having first obtained a permit as provided in this chapter. Permits
shall be issued by the Department of Public Works subject to approval
of the location and means of installation of the pay telephone as
set forth in this chapter. Permits or denial thereof, with reasons
set forth in the event of denial, shall be issued within ten (10)
working days of application for such permits.
B.
Before installation, a plan or sketch of the pay telephone shall
be prepared by the applicant and furnished to the Department of Public
Works in sufficient detail to describe the size, location, equipment
and means of installation.
C.
Fee.
(1)
For applicants which are members of an organization which has in
effect an approved self-policing enforcement compliance program, the
fee for a permit shall be fifty dollars ($50.) for the first year
and twenty-five dollars ($25.) for each year thereafter.
(2)
For all other applicants, the fee for a permit shall be one hundred
fifty dollars ($150.) for the first year and seventy-five dollars
($75.) for each year thereafter.
(3)
Notwithstanding the above, no fee shall be charged for permits pertaining
to pay telephones furnished by the City of Orange Township as an accommodation
to the public, nor for permits issued to any person or entity which
pays a franchise fee or tax for the use of public facilities; provided,
however, that any such person or entity shall not be exempt from all
other provisions of this chapter.
D.
Before receiving a permit, an applicant shall:
(1)
Execute an indemnification agreement substantially as follows: The
applicant and any other persons on whose behalf the application is
made agree to defend, indemnify and hold harmless the City of Orange
Township 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 or ownership or
use of each pay telephone.
(2)
File with the Department of Public Works evidence of a general liability
insurance policy of one million dollars ($1,000,000.) for bodily injury
and fifty thousand dollars ($50,000.) for property damage, naming
the City of Orange Township as additional insured against any injury,
loss or damage that may result from placing or maintaining the pay
telephone on or above the sidewalk.
A.
Pay telephones shall permit the following calls to be placed without
charge, except as may be otherwise provided by applicable tariffs
filed with the New Jersey Board of Regulatory Commissioners:
B.
Current local coin-call initial rates and the charge for additional
minutes shall be posted on the pay telephone or on the pay telephone
booth.
C.
The identity of the long-distance carrier and the information about
how to make calls using other carriers shall be posted on the pay
telephone or on the pay telephone booth.
A.
Pay telephones shall comply with the following standards:
(1)
No booth surrounding a telephone shall exceed eight (8) feet in height,
four (4) feet in width or four (4) feet in depth.
(2)
Each coin-operated pay telephone shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund when applicable. The coin-return mechanism shall be maintained
in good working order.
(3)
Each pay telephone shall have affixed to it, in a place visible to
everyone using the pay telephone, the name and address of the distributor
and the telephone number of a working telephone service to report
a malfunction or secure a refund.
(4)
Pay telephones shall be maintained in a neat and clean condition
and in good repair at all times. Without limiting the generality of
the foregoing, a pay telephone shall be serviced and maintained so
that:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(c)
Any clear plastic or glass parts are unbroken and reasonably
free of cracks, dents, graffiti, blemishes and discolorations.
(d)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading.
(e)
The structural parts thereof are not broken or unduly misshapen.
(f)
The telephone receiver is attached to the telephone.
B.
Any distributor who fails to maintain its pay telephone in working
condition may be given a ten-day written notice to repair the pay
telephone by the Department of Public Works. If the pay telephone
is not in working condition at the end of the ten-day period, fines
may be assessed against the distributor, and the permit may be revoked.
C.
Each pay telephone shall be capable of being restricted to outgoing
calls only.
D.
Upon written request by an authorized representative of the Orange
Police Department, setting forth the reasons for the request, the
distributor shall disable each pay telephone requested from receiving
incoming calls and shall restrict the capability of those pay telephones
so that only outgoing calls can be made from them. Those restrictions
shall be implemented by the distributor forthwith and no later than
ten (10) calendar days after receiving the written request. Those
restrictions shall continue indefinitely until the Orange Police Department
authorizes their termination in writing. The distributor shall promptly
post, on the pay telephone or the telephone booth, a written notice
advising the public of that pay telephone's inability to receive
incoming calls.
A.
No pay telephone shall be permitted to rest upon, in or over any
street or sidewalk when such installation, use or maintenance:
(1)
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicles;
or
(2)
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
(3)
Interferes with the use of traffic signs or signals, hydrants or
mailboxes permitted at or near said location.
B.
Pay telephones shall be placed, or otherwise secured, so as to prevent
their being blown down or around the street or sidewalk, but shall
not be chained or otherwise secured to any traffic or street signs,
signals, hydrants or mailboxes.
C.
No pay telephones shall be placed, installed, used or maintained:
(1)
Within any marked crosswalk.
(2)
Within three (3) feet of a curb return of any unmarked crosswalks.
(3)
Within fifteen (15) feet of any fire hydrant, fire call box, police
call box or other emergency facility.
(4)
Within five (5) feet of any driveway.
(5)
Within three (3) feet of any public area improved with a lawn, flowers,
shrubs, trees or other landscaping.
(6)
At any location whereby the clear space for the passage way of pedestrians
is reduced to less than six (6) feet.
(7)
Within three (3) feet of any building, unless written permission
is secured from the property owner and filed with the application.
D.
In the event that a particular pay telephone does not meet the requirements set forth in Subsection C of this section, an applicant may request an exemption from the requirement(s) not met, and the Department of Public Works may grant the applicant an exemption upon making the determination that the issuance of such a permit is reasonable under the circumstances present.
E.
Pay telephones shall not be placed on or above sidewalks in front
of street addresses where there appears to be continuous criminal
activity involving the use of the pay telephone. "Continuous criminal
activity" means reports to the police of more than three (3) criminal
incidents at an address in a month prior to the date of the application
or more than nine (9) reported criminal incidents in a year prior
to the date of the application.
F.
No pay telephone shall be installed on the street or sidewalk without
the permission of the abutting land owner.
G.
Except for subsequent application by the same distributor for the
placement of an additional pay telephone adjacent to said distributor's
existing pay telephone:
(1)
No pay telephone shall be placed within six hundred (600) feet of
any other pay telephone on the same side of the street and within
line of sight of such other pay telephone on a sidewalk in an AA,
A-1, A-2, B-1 or B-2 District, as described in the Zoning Ordinance
of the City of Orange Township.[1]
(2)
No pay telephone shall be placed within three hundred (300) feet
of any other pay telephone on the same side of the street and within
line of sight of such other pay telephone on a sidewalk in a C-1,
C-2, C-3 or D-1 District, as described in the Zoning Ordinance of
the City of Orange Township.
(3)
All pay telephones must be placed at least one-fourth (1/4) mile
from all other pay telephones within line of sight on the same side
of the street on a county or state highway in the City of Orange Township.
A.
No person shall remove a pay telephone without having first notified
the Director of the Department of Public Works.
A.
Upon the receipt of a written complaint by a citizen or an authorized
representative of the Police Department that the location or use of
a pay telephone constitutes a threat to the health, safety or welfare
of the community, the Director of the Department of Public Works shall
conduct a hearing, after providing written notice of same at least
ten (10) days in advance thereof to the distributor of that pay telephone,
to the Orange Police Department and to any other complainant, to ascertain
whether the location or use of the pay telephone constitutes a threat
to the health, safety or welfare of the community. If the Director
finds by clear and convincing evidence presented that the location
or use of the pay telephone constitutes such a threat, he or she shall
revoke the permit issued by the Department of Public Works for the
use of that pay telephone and shall cause written notice of such revocation
to be delivered to the distributor within ten (10) days of making
such decision. Such other relief, including requiring the pay telephone
to be restricted to outgoing calls only, shall be ordered by the Director
as he or she deems appropriate under the circumstances and based on
the evidence presented at the hearing, providing like notice to the
distributor.
All existing pay telephones located on or above sidewalks and streets within the City of Orange Township shall be deemed "grandfathered" and are excused from paying the initial permit fees and will not be removed due solely to any violations of the distance requirements set forth in § 148-5 herein; provided, however, that any distributor desiring that its pay telephones be grandfathered must notify the Department of Public Works, in writing, within thirty (30) days of the effective date of this chapter, of the locations of all of said distributor's pay telephones existing in the City of Orange Township at that time, and shall otherwise bring such pay telephones into compliance with all of the other requirements of this chapter within sixty (60) days of its effective date. Any pay telephone not included in a distributor's notice to the Department of Public Works as provided for in this section shall not be grandfathered and must comply with all of the provisions of this chapter.
Any violation of this chapter shall subject the violator to
a fine of not less than fifty dollars ($50.) nor more than five hundred
dollars ($500.). Each noncomplying pay telephone will constitute a
separate violation, as will each day for which said telephone is in
violation.[1]
