[HISTORY: Adopted by the City of Council of the City of Chester 6-13-1996 by Ord. No. 22-1996 (Art. 747 of the 1978 Codified Ordinances). Amendments noted where applicable.]
No person or business entity shall erect, install or maintain a public telephone governed by this chapter unless they have obtained a permit from the Building Official.
No permit shall be issued unless:
A.
The applicant submits a plan specifying the precise location of the telephone on a map of the site showing all surface facilities such as poles, hydrants, lights, building entrances, driveway entrances, parking meters, and the width of the sidewalk adjacent to the subject property, and the size, shape, type of construction and materials of the booth, frame or pole that will contain the telephone;
B.
The plan has been approved by the Department of Streets and the Police Department as to the location of the telephone, which approval shall be withheld if the maintenance of the telephone at the proposed location will tend to obstruct public passage or create a pedestrian or other traffic hazard or is within 30 feet of another outdoor public telephone, or otherwise be contrary to the public health, safety and welfare;
C.
The plan has been approved by the Building Official and Electrical Inspector, which approval will only be given if the plan complies with all applicable City Codes;
D.
The consent of all abutting landowners has been obtained;
E.
The applicant pays an initial fee of $100;
F.
The applicant agrees to remove the telephone within 10 days of receipt of notice from the Building Official that the permit has been revoked;
G.
The Building Official shall only issue a permit if the plan submitted for the erection and maintenance of the public telephone will, to the greatest extent possible:
(1)
Discourage illegal drug sales and other criminal activity that may be facilitated by public telephone use;
(2)
Reduce disturbances public telephones may tend to promote in residential areas;
(3)
Reduce the obstruction of pedestrian and vehicular traffic;
(4)
Ensure the availability of public telephones where they are needed for lawful purposes; and
(5)
Provide adequate access to public telephones by disabled persons.
H.
No permit shall be issued for public telephones located on vacant property; on property that contains an abandoned building; on property that contains a business establishment that has or is required to have a liquor license; or on property where there is a building that is used primarily for residential purposes.
Annually, on or before June 30 of each year after the original permit has been issued, an application for renewal for each additional year shall be made and the applicant shall pay a renewal fee of $25.
The permit holder shall maintain each telephone and the frame, pole or booth that contains the telephone in a good, safe and clean condition, free from graffiti, and shall endeavor to the greatest extent possible to reduce any disturbance to the public from the use of the telephone and to eliminate any illegal or criminal use of the telephone.
Any permit issued pursuant to this chapter shall be revoked by the Building Official if:
A.
The permit holder violates any of the requirements of this chapter; or
B.
Continued maintenance of the telephone is found to constitute an undue obstruction to pedestrian, vehicular or other traffic; or
C.
The telephone is being used improperly or is used for illegal or criminal activity; or
D.
The continued maintenance and use of the telephone is otherwise contrary to the public health, safety and welfare.
A.
Any person or business entity that installs or maintains a telephone that is covered by this chapter shall remove the telephone and return the premises to its original condition immediately upon notice that the telephone does not have a valid permit as a permit was never applied for the telephone, or the permit expired and has not been renewed, or the permit has been revoked.
B.
If the telephone is not removed when requested, then the City, after giving 15 days' notice to the last permit holder, or to the owner of the property where the telephone is located for telephones that have never been permitted, may cause the telephone to be removed and charge the cost of such removal, the storage of the telephone, and the cost of restoring the premises against the last permit holder and/or against the owner of the property where the telephone is located. Any such judgment received by the City shall, if not paid, become a lien upon the real property where the telephone was located.
C.
The permit holder or owner of the telephone may recover the telephone upon payment of the costs incurred in the removal and storage of the telephone equipment and the cost of restoration of the premises. If the telephone equipment is not recovered within 60 days after the removal, title to the booth and equipment shall rest in the City and owner's rights therein shall be forfeited without prejudice to the right of the City to recover the difference between the salvage value of the telephone and the costs incurred in its removal, storage, restoration of the premises and costs involved in the sale of the telephone for salvage. Any such judgment received by the City shall, if not paid, become a lien upon the real property where the telephone was located.
D.
The notice of removal shall be mailed by first class mail to the last permit holder at the address provided on the application for the permit, and to the registered owner of the real property where the telephone is located.
A.
The provisions of this chapter shall be applicable to any outdoor telephone that is not contained within an occupied building, and is in existence on the effective date of this chapter or placed in use after the effective date of this chapter including, but not limited to those telephones affixed to the exterior facade of a building or structure, those contained within the public right-of-way and those on private property.
B.
Any outdoor telephone as described above, existing as of the effective date of this chapter must be brought into conformity with this chapter or be removed within 60 days of the effective date of this chapter. The Building Official shall compile and maintain a listing of all outdoor telephones located within the City.
A.
Any person affected by any notice or action taken in connection with the enforcement of any provision of this chapter may request and will be granted a hearing on the matter before the Director of Public Safety, provided that such person files in the office of the Director a written request within five days after the date the notice was served or the action was taken.
B.
At such hearing the Director shall sustain, modify or withdraw the notice depending on his findings as to whether the provisions of this chapter have been complied with. If the Director sustains or modifies such notice, it shall be deemed to be an order effective immediately.
A.
The provisions of this chapter shall be enforced by the Director of Public Safety, or his or her designee.
B.
The Director, in addition to all other remedies provided by law, may request that the City Solicitor institute injunction, mandamus, abatement or any other appropriate action to prevent, enjoin or abate any violations of this chapter.
If any provision or part of this chapter is found to be unconstitutional or invalid for any reason by a court of competent jurisdiction, such finding shall not affect or impair the validity of the remaining provisions which shall remain in full force and effect.
Any person, firm or entity that violates any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 or more than $1,000; and in default of payment, to imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues shall constitute a separate offense.