As used in this chapter, the following terms shall have the meanings
indicated:
CITY
The City of Long Branch.
ILLEGAL OR ILLICIT ACTIVITY
Activity which is prescribed by Title 2C of N.J.S.A. or any city
ordinance or any federal law or requisition.
PERMITTEE
Any person responsible for placing and maintaining a public telephone
on a sidewalk or street as hereinafter defined, and receiving a permit therefor.
PERSON
An individual, business, firm, corporation, association, partnership
or any other organization, group or entity.
PUBLIC TELEPHONE
Any self-service, 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.
SIDEWALK
That portion of a highway or street intended for the use of pedestrians,
between the curbline or the lateral line of a shoulder or, if none, lateral
lines of the roadway and the adjacent right-of-way line.
STREET
The entire width between the boundary lines of every way publicly
maintained when any part thereof is opened to the use of the public for the
purposes of vehicular traffic, and shall include, but not be limited to roadways,
parkways, alleys and highways.
The city's Public Safety Director shall be notified of the intent
of any person to remove or relocate a public telephone, which notification
shall be in writing and shall be given not later than 30 days before the intended
date of removal or relocation of said telephone. No telephone may be removed
or relocated without compliance with the provisions of this chapter.
The city's Public Safety Director may reject any application for
a permit, revoke a permit or require the removal of an existing outdoor public
telephone if it is determined that a public telephone has the potential to
or has illustrated a propensity to create or contribute to illegal or illicit
activities. A presumption of illegal or illicit activity will be created if
during the permit year five incidents of illegal or illicit activities are
associated with the location or the proposed location of the public telephone
or it has been previously used for emergency (911) calls and hang-ups.
The permit fees set forth herein shall not apply to any public telephone
installation subject to an agreement with the City of Long Branch providing
for the payment of any annual commission and a franchise tax to the City of
Long Branch, except that such public telephone installations shall be subject
to the following:
A. Approval of the location of each public telephone by
the city's Public Safety Director.
B. The City of Long Branch may require any of the following:
the removal of an outdoor telephone, the revocation of a permit or the restriction
or limitation upon service to permit outgoing calls only, if a public telephone
has the potential to or has illustrated a propensity to create or contribute
to illegal or illicit activity. A presumption of illegal or illicit activity
will be created if during the permit year five incidents of illegal or illicit
activities are associated with the location or the proposed location of the
public telephone or it has been previously used for emergency (911) calls
and hang-ups.
In the event that the city's Public Safety Director declines to
issue a permit, the applicant may request a hearing before the City Administrator
or a designee as to said denial. Said request for a hearing must be made in
writing to the City Administrator within 10 days of receipt of notice of denial.
Before receiving a permit, an applicant shall:
A. Execute an indemnification agreement by which the applicant
agrees to defend, indemnify and hold harmless the City of Long Branch 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, ownership or use of each public telephone, including
the applicant's public telephone and equipment.
B. File with the Chief Financial Officer of the City of
Long Branch a general liability insurance policy of $1,000,000 for bodily
injury and $50,000 for property damage, naming the City of Long Branch as
an additional insured, insuring against injury, loss or damage that may result
from placing or maintaining the telephone on or above the sidewalk, said policy
to name the City of Long Branch and its officers and employees as additional
insureds.
Any public telephone installation subject to this chapter shall comply
with the following standards:
A. No booth surrounding a public telephone shall exceed
eight feet in height, four feet in width or four feet in thickness.
B. Each public telephone shall be equipped with a coin return
mechanism to permit a person using the machine to secure an immediate refund
if the call cannot be placed. The coin mechanism shall be maintained in proper
working order.
C. Each public telephone shall have affixed to it in a place
visible to everyone using the telephone the name and address of the distributor
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.
D. Public telephones shall be maintained in a neat and clean
condition and in good repair at all times. Public telephones shall be serviced
and maintained according to standards including but not limited to the following:
(1) Public telephones shall be reasonably free of chipped,
faded, peeling and cracked paint in the visible painted areas thereof.
(2) Public telephones shall be reasonably free of rust and
corrosion in the visible metal areas thereon.
(3) Any clear plastic or glass parts of public telephones
shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes
and discoloration.
(4) Any paper or cardboard parts or inserts of public telephones
shall be reasonably free of tears, pealing or fading.
(5) The structural parts of public telephones shall not be
broken or unduly misshapen.
(6) Public telephone receivers shall be attached to the telephones.
E. Any person who fails to maintain a public telephone in
proper working condition shall be given a ten-day notice to repair the telephone
by the City of Long Branch. Failure to timely comply with said notice shall
be grounds for revocation of the permit for said telephone.
F. Each public telephone shall, upon the written request
of the Public Safety Director, be capable of restricted or limited service
allowing outgoing calls only, within 10 days of the request.
Any violation of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I. Each noncomplying public telephone violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.