[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 8-4-1994 by Ord. No. 1082. Amendments noted where
applicable.]
This chapter is intended to establish a set
of comprehensive regulations for the installation and maintenance
of public telephones installed upon the streets and sidewalks of the
Township of Saddle Brook. Municipalities have experienced considerable
problems including illegal activities in connection with the use of
public telephones. Such activities often include the facilitation
of drug activities and drug transactions. This chapter is also designed
to regulate the proliferation of public telephones and to provide
a uniform and standard process for the issuing of permits for those
telephones which intrude upon the public right-of-way. This chapter
is intended to apply not only to applications for new installations
but also to preexisting installations.
As used in this chapter, the following terms
shall have the meanings indicated:
Activity which is proscribed by Title 2C of N.J.S.A. or any
Township ordinance or any federal law or regulation.
Any person responsible for placing and maintaining a public
telephone on sidewalk or street, as hereinafter defined, and receiving
a permit therefor.
An individual, business, firm, corporation, association,
partnership or any other organization, group or entity.
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.
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 line of the roadway and the adjacent right-of-way
line.
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 Township of Saddle Brook.
A.
No person may place or maintain any outdoor public
telephone on or above any public street or sidewalk without first
having obtained a permit as provided in this chapter. Permits shall
be issued subject to the approval of the location and means of installation
of the telephone by the Township Council. Prior to installation, a
plan or sketch of the telephone shall be furnished in sufficient detail
to describe the size, location, equipment and means of installation
and cabling, and such date will be forwarded to the Police Department
and Building Inspector for their recommendations.
B.
The initial fee for a permit shall be $50 for each
public telephone. The annual renewal fee shall be $25 for each public
telephone.
C.
A copy of the good permit number shall be affixed
to the public telephone in such a fashion so as to be secure from
defacing or damage by the elements.
D.
Permits shall be renewable annually with all applications
for renewal to be submitted to the Township Clerk not later than the
15th day of January of each year.
E.
The Township Council 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.
F.
The Township Council 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 three incidents
of illegal or illicit activities are associated with the location
or the proposed location of the public telephone.
G.
The permit fees set forth herein shall not apply to
any public telephone installation subject to an agreement with the
Township Council providing for the payment of any annual commission
and a franchise tax to the Township Council, except that such public
telephone installations shall be subject to the following:
(1)
The Building Inspector shall approve the location,
as per the approved plan, and the installation of each public telephone.
(2)
The Township Council 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 or has contributed to illegal or illicit activity.
A presumption of illegal or illicit activity will be created if during
the permit year three incidents of illegal or illicit activities are
associated with the location or the proposed location of the public
telephone.
H.
Before receiving a permit, an applicant shall:
(1)
Execute an indemnification agreement by which that
applicant agrees to defend, indemnify and hold harmless the Township
of Saddle Brook 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.
(2)
File with the Treasurer of the Township of Saddle
Brook a general liability insurance policy of $1,000,000 for bodily
injury and $50,000 for property damage naming the Township of Saddle
Brook as an additional insured, insuring against injury, loss or damage
that may result from placing or maintaining the telephone on or above
the sidewalks, said policy to name the Township of Saddle Brook and
its officer and employees as additional insured.
A.
Any public telephone installation subject to this
chapter shall comply with the following standards.
(1)
No booth shall surround a public telephone.
(2)
Each public telephone shall be equipped with a coin-return
mechanism to permit a person using the machine to secure an immediate
refund if a call cannot be placed. The coin mechanism shall be maintained
in proper working order.
(3)
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.
B.
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, peeling 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.
A.
No public 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;
(2)
Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any legally parked or
stopped vehicles, or is intended to be installed in such a fashion
so as to permit, intentionally or otherwise, its use by occupants
of vehicles parked or stopped upon any sidewalk;
(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,
hydrants or mailboxes permitted at or near said location.
B.
Public telephones shall be placed or otherwise secured
so as to prevent their being blown down onto or around the public
street or sidewalk, but shall not be affixed or otherwise secured
to any traffic or street signs or signals.
A.
In additional to any other penalties for violation
of this chapter, the Township of Saddle Brook may, after notice and
hearing and for just cause, suspend, revoke or not renew any permit
issued hereunder for:
(1)
Any violation of the provisions of this chapter.
(2)
Failure to comply with any federal or state laws and/or
regulations or any Township ordinance pertaining to the operation
of public telephones.
(3)
Any cause which would have been cause for rejection
of the application in the first instance.
(4)
A material and knowing misstatement or omission of
information required on the application pursuant to this chapter.
The question of whether a misstatement or omission is material and
knowing shall be a question of fact for finder.
(5)
A finding upon receipt of a complaint by any citizen
or upon request of the Chief of Police of the Township of Saddle Brook
or his designee that the location and/or use of a public telephone
constitutes a threat to the health, safety and welfare of the citizens
of the Township.
B.
Any hearing authorized under this chapter shall be
conducted before the Township Council or a designee and shall require
written notice to the permittee, which notice shall be given not less
than 10 days prior to the date scheduled for said hearing. If the
Township Council finds the permittee in violation of any provisions
of this section, the Township Council may also require that service
from said public telephone be restricted to outgoing calls only.
A.
The owner of existing public telephones shall apply
for the permit acquired hereunder within 30 days from the date this
chapter becomes final. The Township Council reserves the right to
reject any and all locations submitted for approval based upon their
existing nonconformance to this chapter.
B.
If a permit is not obtained within the time specified
herein or if any application for a permit is rejected, the owner shall
forthwith remove said public telephone and all ancillary equipment.
If the owner fails or refuses to remove said public telephone within
10 days from notification, the Township Council or a designee may
cause the public telephone to be removed. Public telephone equipment
removed by the Township shall be released to the lawful owner thereof
upon payment of a fee of $250 to the Township of Saddle Brook.
C.
If no person makes a claim for return of a public
telephone and/or ancillary equipment removed by the Township under
this section within six months from the date of removal, it may be
disposed of pursuant to N.J.S.A. 40A:14-157.
Any violation of this chapter shall subject
the violator to a fine or not less than $100 and no more than $1,000
and/or imprisonment of up to 90 days. Each noncomplying public telephone
violation will constitute a separate violation. Each day of said violation
shall constitute a separate violation.
