Editor's Note: This text was originally included
in Ordinance Nos. 6 S+FO, 2-5-1992 and 6 S+FD, 12-3-1992; Ord. 6 S+FF,
11-17-1997, repealed these ordinances and established new regulations.
[Ord. 6 S+FF, 11-17-1997 § 22:23-1]
As used in this chapter:
Shall mean the City of Newark.
Shall mean that full width of sidewalk area beginning at
the point at which the extended curblines form an intersection and
running therefrom a distance of 25 feet along such curb in either
direction.
Shall mean that the Police have responded to the location
of a pay telephone due to allegations of criminal activity in connection
with or as a result of that pay telephone and the activity alleged
constitutes a crime of the fourth degree or higher.
Shall mean the entity providing dial tone service to the
distributors in the City of Newark.
Shall mean any person responsible for placing and maintaining
a pay telephone in a public way hereinafter defined.
Shall mean 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.
Shall mean an individual, business, firm, corporation, association,
partnership, or other organization or group of persons.
Shall mean that portion of the street other than the roadway.
Shall mean the full width of the area dedicated to public
use, extending from the property line on one side to the property
line on the other side, including the roadway and sidewalk, of any
public street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert or bridge, and airspace above such areas.
[Ord. 6 S+FF, 11-17-1997 § 22:23-2; Ord. 6PSF-A(S), 1-7-2016]
a.
No person may place or maintain any pay telephone on or above any
public street or sidewalk without having first obtained a license
as provided in this chapter.
b.
Before installation of a pay telephone, the applicant must first
apply to the Director of the Department of Engineering for a sidewalk
opening permit. The applicant shall be required to pay a fee in the
amount of $75 for the permit at the time application is made. A plan
or sketch shall be furnished to the Director of the Department of
Engineering in sufficient detail to describe the size, location, equipment
and means of installation and cabling.
c.
Upon receipt of a permit and written notice of a satisfactory inspection
of the pay telephone site from the Department of Engineering, the
applicant shall submit an application for a license to the Manager
of the Division of Tax Abatement and Special Taxes in the Department
of Finance subject to the terms set forth in this chapter. The license
required by this chapter shall be in addition to any permit required
pursuant to the Uniform Construction Code, N.J.S.A. 52:27D-119 et
seq., or any street occupancy or opening permit required by any other
City ordinance.
d.
Before receiving a license, the Division of Tax Abatement and Special
Taxes shall request an opinion from the Director of the Department
of Public Safety as to the proposed location of the pay telephone,
and whether there is a determination by the Director of the Department
of Public Safety that the pay telephone would facilitate criminal
activity or unreasonably interfere with the quiet enjoyment of the
area. The opinion provided by the Director of Public Safety shall
be in writing and submitted to the Manager of the Division of Tax
Abatement and Special Taxes within seven days of the request.
e.
Permits or a written denial thereof, stating the reasons for the
denial, shall be issued within 60 business days of receipt of the
complete application for such permit. Licenses or a written denial
thereof, stating the reasons for the denial, shall be issued within
60 business days of receipt of the complete application for such license.
Distributors shall have 30 days in which to cure any deficiencies
or defects in their application without requiring reapplication.
f.
Before dial tone service can be provided to any pay telephone located on or above any public street or sidewalk, a permit and license must be secured, as set forth in subsection 29:25-2, paragraphs b, c and d. The distributor may apply to the dial tone service provider for dial tone service immediately upon filing an application for a license with the Division of Tax Abatement and Special Taxes; however, dial tone service shall not be provided by the dial tone service provider or accepted by the distributor until the dial tone service provider is presented with a copy of the approved permit. The copy can be provided to the dial tone service provider by the Division of Tax Abatement and Special Taxes or by the distributor and can be served upon the dial tone service provider by hand, mail, or facsimile. The dial tone service provider shall not knowingly provide dial tone service to a distributor that has not obtained a permit.
For any pay telephone which is not located on or above any public
street or sidewalk, the distributor shall provide a certification
to the dial tone service provider stating that the particular application
is for a pay telephone located on private property.
g.
The initial fee for a license shall be $100 per year or any part
of a year. The fee for a renewal license shall be $50 per year, provided,
however, that no fee shall be charged for pay telephones furnished
by the City of Newark as however, that no fee shall be charged for
pay an accommodation to the public, or for permits issued to any person
or entity which pays a franchise fee or tax for the use of a public
facility. Such person or entity shall not, however, be exempt from
the regulatory provisions of this chapter. Licenses shall be renewable
annually on January 1st of each year.
h.
The Director of the Department of Engineering shall be informed of
the intent of any person to remove or relocate a pay telephone before
the removal or relocation of the pay telephone. Relocation of a pay
telephone shall necessitate obtaining a new permit provided, however,
that relocation of a telephone within the extended side lot lines
of the same property will require only an amendment to the original
application detailing the change, in either case, no change of location
shall be undertaken until written approval is obtained from the Department
of Engineering.
i.
Before receiving a license, an applicant shall:
1.
Execute an indemnification agreement substantially as follows:
The applicant and any other persons on whose behalf the application
is made agrees to defend, indemnify and hold harmless the City of
Newark against liability for all claims for damage to property, or
injury to or death of persons, from the issuance of the permit, license
or the control, maintenance or ownership or use of each pay telephone.
2.
File with the Department of Finance a copy of the general liability
insurance policy from an insurer licensed to do business in the State
of New Jersey in the amount of $1,000,000 for bodily injury and $100,000
for property damage naming the City as an additional insured against
any injury, loss or damage to persons or property that may result
from placing or maintaining the pay telephone or pay telephone equipment
on or about the sidewalk.
3.
(a)
File a registration statement containing the following information:
(1)
The name, address and telephone number of each owner, partner
and in the case of corporation each director, officer, and stockholder
holding in excess of 10% of the stock of the corporation.
(2)
The name and address of the registered agent or the person upon
whom service of process is authorized to be made.
4.
Pay a nonrefundable registration fee in the amount of $25 upon the
presentation of the registration application to the Division of Tax
Abatement and Special Taxes.
5.
A registration number shall be assigned to each owner or distributor
of pay telephones who is registered with the City of Newark. Each
registration number shall appear on each license issued for each pay
telephone.
6.
No license for the placement of a pay telephone shall be issued to
any party who has not filed a registration statement with the Division
of Tax Abatement and Special Taxes.
7.
The applicant shall file a new registration statement whenever there
is a change in the existing information on file.
[Ord. 6 S+FF, 11-17-1997 § 22:23-3; Ord. 6PSF-A(S), 1-7-2016]
a.
Except as may be otherwise provided by applicable tariffs filed with
the New Jersey Board of Regulatory Commissioners, pay telephones shall
permit the following calls to be placed without charge:
1.
Calls to the 911 emergency number;
2.
Emergency calls placed through operator assistance to the Division
of Police and Division of Fire;
3.
Calls for emergency purposes placed through operator assistance to
the Division of Police and Division of Fire by anyone identified as
a member of either the police or fire division.
b.
A distributor shall post on the pay telephone or on the pay telephone
booth a notice advising that the caller may ascertain the cost of
a call by dialing "operator" before placing the call.
c.
The name of the distributor must be posted on the pay telephone or
pay telephone booth.
[Ord. 6 S+FF, 11-17-1997 § 22:23-4; Ord. 6PSF-F, 6-15-2016]
a.
Pay telephones shall comply with the following standards:
1.
No booth surrounding a pay telephone shall exceed eight feet in height,
four feet in width or four feet in depth.
2.
Each coin operated pay telephone shall be equipped with a coin return
mechanism to permit a person using the pay telephone to secure an
immediate refund if a call cannot be completed. The coin 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 the telephone number
of a working telephone service to report a malfunction, secure a refund,
or give the notices provided for in this chapter.
4.
Every pay telephone 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;
and
(f)
The pay telephone receiver is attached to the telephone.
5.
Any distributor who fails to maintain its pay telephone in working
condition pursuant to paragraph 4 above may be given a ten-day written
notice to repair the pay telephone by the Office of Inspections and
Enforcement in the Department of Engineering. If the pay telephone
is not in working condition or maintained at the end of the ten-day
period, the Manager of the Division of Tax Abatement and Special Taxes
may issue a written notice of violation describing the reasons for
the violation. If the distributor does not provide assurances that
the pay telephone will be repaired or removed, or does not repair
or remove the pay telephone, the Manager of the Division of Tax Abatement
and Special Taxes may impose a fine in the amount of $500.
6.
Each pay telephone shall be restricted to outgoing calls only.
[Ord. 6 S+FF, 11-17-1997 § 22:23-5; Ord. 6PSF-A(S), 1-7-2016; New]
a.
No pay telephone shall be permitted to rest upon, in or over any
public street or sidewalk when such installation, use or maintenance:
1.
Endangers the safety of persons or property; or
2.
Unreasonably interferes with or impedes the flow of pedestrians or
vehicular traffic, including any legally parked or stopped vehicle;
or
3.
Unreasonably interferes with the ingress or egress from any residence
or place of business; or
4.
Interferes with the use of traffic signs or signals, fire hydrants
or mailboxes permitted at or near the location.
b.
Pay telephones shall be placed, or otherwise secured, so as to prevent
their being blown down or around the public 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 five feet of a curb return or any unmarked crosswalks;
3.
Within 15 feet of any fire hydrant, fire call box, Police call box
or other emergency facility;
4.
Within five feet of any driveway;
5.
Within five 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 passageway of pedestrians
is reduced to less than five feet;
7.
Within three feet of any building unless written permission is secured
from the property owner and filed with the application; and
8.
Within 10 feet of any entrance to a residence, store or public building
in the absence of permission from the Manager of the Division of Tax
Abatement and Special Taxes for a shorter distance.
d.
Pay telephones shall not be placed on sidewalks in front of street
addresses where there appears to be continuous criminal activity.
Continuous criminal activity means reports to the Division of Police
of more than four criminal incidents at an address in a month prior
to the date of the application or more than 12 reported criminal incidents
in a year prior to the date of the application which incidents have
resulted in arrests.
e.
No pay telephone shall be installed on the street or sidewalk without
the written permission of the abutting land owner. The applicant shall
file the written permission with the application.
f.
Except for a subsequent application by the same distributor for the
placement of an additional pay telephone adjacent to the distributor's
existing pay telephone:
1.
No pay telephone shall be placed on the sidewalk in a Residential
One-Family (R-1), Residential One- to Two-Family (R-2) or Residential
One- to Three-Family and Townhouse (R-3) District as these Districts
are described in Title XLI, Zoning and Land Use Regulations of the
Revised General Ordinances of the City of Newark.
2.
No pay telephone shall be placed on the sidewalk within 300 feet
of any other pay telephone which is on the same side of the street
and within line of sight of any other pay telephone on a sidewalk
in a Residential Low-Rise Multi-family (R-4), Residential Mid-Rise
Multi-family (R-5), Neighborhood Commercial (C-1) or Mixed-Use 1-Residential
and Commercial (MX-1) District of the City. No pay telephone may be
placed next to an existing pay telephone in these districts.
3.
No pay telephone shall be placed on the sidewalk within 100 feet
of any other pay telephone which is on the same side of the street
and within line of sight of any other pay telephone on a sidewalk
in a Residential High-Rise Multifamily (R-6), Community Commercial
(C-2), Regional Commercial (C-3), Light Industrial (I-1), Medium Industrial
(I-2), Heavy Industrial (I-3), Port Commercial (PORT), Airport &
Airport Support (EWR & EWR-S), or Mixed-Use 2-Residential, Commercial,
Industrial (MX-2) District. No more than three pay telephones may
be placed next to an existing pay telephone in these districts.
[Ord. 6 S+FF, 11-17-1997 § 22:23-6; Ord. 6PSF-A(S), 1-7-2016; Ord. 6PSF-F, 6-15-2016]
a.
Upon the receipt of a written complaint by a citizen or an authorized
representative of the Director of the Department of Public Safety
that the location and use of a pay telephone constitutes a threat
to the health and welfare of the community, the Manager of the Division
of Tax Abatement and Special Taxes shall conduct a hearing after providing
written notice of same at least 10 days in advance thereof to all
affected parties to ascertain whether the location and use of the
pay telephone constitutes a threat to the health and welfare of the
community. The distributor of the pay telephone shall also receive
a copy of the written complaint. At the request of the Manager of
Tax Abatement and Special Taxes, an Officer of the Division of Police
and an Inspector of the Office of Inspections and Enforcement in Department
of Engineering shall conduct an investigation of the complaint and
report their findings to the Manager at the hearing which the Manager
shall conduct. If the Manager finds by a preponderance of the evidence
presented that the location and use of the pay telephone constitutes
a threat to the health and welfare of the community, he/she may revoke
any permit or license issued by the City for the use of the pay telephone,
or order such other relief as he/she deems fair and reasonable, including
requiring the pay telephone to be restricted to outgoing calls only
or providing the distributor an opportunity to cure the defect within
seven days. He/she shall provide to the distributor of the pay telephone
a written notice of the findings of the hearing.
b.
Affected parties shall have the opportunity for discovery of any
investigative reports provided to the Manager of the Division of Tax
Abatement and Special Taxes prior to the hearing and shall have the
opportunity to present evidence and examine witnesses at the hearing.
c.
A "threat to the health and welfare of the community" shall mean
that because of the continuing physical location of the pay telephone
the public has become endangered by the use of the area around the
telephone:
1.
Because of criminal activity or
2.
Because a pay telephone, alone or in conjunction with other pay telephones,
interferes with the use and enjoyment of the area by pedestrians and
motorists or emergency personnel or occupants of the abutting property
by impeding unnecessarily their ability to see other pedestrians or
vehicles or by impeding unnecessarily their ability to move or stand
on the sidewalk.
d.
In addition to any action the Manager may take, if the Manager of
the Division of Tax Abatement and Special Taxes after a hearing finds
that a distributor has repeatedly violated the terms of this chapter
on three prior occasions within one year, the Manager shall suspend
the issuance of any license(s) to the distributor for the placement
of any additional pay telephones for one year.
e.
After the revocation of any license by the Manager of the Division
of Tax Abatement and Special Taxes, the Manager shall immediately
order the owner of the pay telephone whose license has been revoked
to remove the pay telephone and to remove any booth, post or support
upon which the pay telephone rests and to restore the sidewalk so
that it is safe for pedestrian use. The pay telephone referred to
herein shall be removed within 72 hours of the receipt of the order
issued by the Manager. The order to remove the pay telephone shall
be sent by certified and regular mail to the address of the registered
owner of the license.
If it appears that the pay telephone has not been completely
removed within 72 hours after the notice to remove has been received
at the last known address of the owner, then the Manager shall notify
the Director of the Department of Engineering of the continued presence
of the unlicensed pay telephone. The Director shall forthwith remove
the pay telephone and restore the premises so that it is safe for
pedestrian use. The Director shall declare and certify the cost of
the removal of the pay telephone and restoration of the sidewalk.
This cost shall be a debt owed by the license holder and owner of
the pay telephone and it shall be payable by the owner of the telephone
or the license holder upon the demand of the City of Newark. The notice
to remove the pay telephone shall be deemed to have been received
if it is sent by regular mail even if the certified mail notice is
unclaimed.
[Ord. 6 S+FF, 11-17-1997 § 22:23-7]
An aggrieved party within 20 days of notice of any decision
made by the Manager of Tax Abatement and Special Taxes other than
a written notice of violation pursuant to this chapter, may appeal
the decision by submitting a request for appeal in writing together
with relevant documentation to the Business Administrator. The aggrieved
party shall also serve a copy of this request with documentation to
the Manager of Tax Abatement and Special Taxes.
The Division of Tax Abatement and Special Taxes shall then provide
the Business Administrator with its response in writing together with
relevant documentation within 10 days. The Division of Tax Abatement
and Special Taxes shall serve a copy of its response with documentation
to the aggrieved party.
If the Business Administrator cannot make a decision on the
basis of documentation submitted by the parties, or if the distributor
requests a hearing, such hearing shall be held upon at least 10 days'
notice to the parties. A decision shall be issued within 30 days of
completion of this process and shall be in writing giving reasons
for the decision.
It will be the burden of the aggrieved party to show that the
decision appealed was clearly erroneous.
During the pendency of the appeal, the effect of the decision
being appealed shall be stayed unless the Division of Tax Abatement
and Special Taxes provides a certification to the Business Administrator
stating that a stay would cause an immediate threat to public safety
or an immediate hazard to life or property.
[Ord. 6 S+FF, 11-17-1997 § 22:23-8]
All existing pay telephones located on or above public sidewalks
within the City of Newark shall be deemed a nonconforming use that
shall be permitted by this chapter, provided, however, that any distributor
desiring that its pay telephones be so designated must notify in writing
the Manager of the Division of Tax Abatement and Special Taxes within
30 days of the effective date of this chapter or the location of all
of the distributor's pay telephones existing on the date of adoption
of this chapter. A registration and license shall be applied for and
shall be a prerequisite to the continued location of any such phones.
All pay telephones not so identified shall not be entitled to be considered
as nonconforming uses permitted by this chapter.
The provisions of this chapter shall, however, apply to all
future pay telephones located on or above public sidewalks within
the City of Newark.
[Ord. 6 S+FF, 11-17-1997 § 22:23-9]
Any violation of this chapter shall subject the violator to
a fine of not less than $100 nor more than $1,000. Each noncomplying
pay telephone violation will constitute a separate violation.
In the event the distributor violates this chapter on at least
six occasions within a two year period, the Manager of the Division
of Tax Abatement and Special Taxes may revoke the distributor's
license.
