As used in this article, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person owning or responsible for placing and maintaining
a public telephone and/or obtaining a permit therefor.
PERSON
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
PUBLIC TELEPHONE
Any self-service currency or credit-operated telephone, including
a customer-owned or customer-leased telephone and including any telephone
owned by the local exchange company or by any other person which is
held out for use by the general public upon payment of a fee or charge
by currency or credit.
Public telephones 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 depth.
B. Each public telephone shall be equipped with a coin-return
mechanism to permit a person using the public telephone to secure
an immediate refund if a call cannot be placed. The coin-return mechanism
shall be maintained in good working order.
C. Each public telephone shall have affixed to it, in
a place visible to everyone using the public 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 any notice
as provided for in this article.
D. All public 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 telephone shall be serviced and
maintained so that:
(1) It is reasonably free of chipped, faded, peeling and
cracked paint.
(2) It is reasonably free of rust and corrosion.
(3) Any clear plastic or glass parts are unbroken and
reasonably free of cracks, dents, graffiti, blemishes and discolorations.
(4) Any paper or cardboard parts or inserts are reasonably
free of tears, peeling or fading.
(5) The structural parts thereof are not broken or unduly
misshapen.
(6) The telephone receiver is attached to the telephone.
E. Any distributor who fails to maintain the public telephone
in a neat, clean and good working condition may be given notice to
repair the public telephone within 10 days. Failure to so repair the
public telephone will result in the revocation of the permit.
The distributor of existing public telephones
shall apply for the permit required hereunder as a renewal within
30 days from the date this article shall become effective.
[Amended 3-17-1999 by Ord. No. 5-1999]
A. Any person who violates or permits the violation of
any provision of this chapter shall, upon conviction thereof in a
summary proceeding brought before a District Justice, be guilty of
a summary offense and shall be subject to the payment of a fine of
not less than $25 and not more than $600, plus the costs of prosecution.
Upon default of payment thereof, the defendant may be sentenced to
imprisonment in the county prison for a period of not more than 30
days. Each section or provision of this chapter that is violated shall
constitute a separate offense, and each day or portion thereof in
which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $25
and not more than $600, plus the costs of prosecution, and upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term not more than 30 days.
B. Within 30 days after the revocation of a permit for
a public telephone, the distributor shall remove the public telephone.
Upon the distributor's failure to remove the public telephone within
the aforesaid thirty-day period, the borough may remove such public
telephone, and the distributor shall be liable for all costs associated
therewith, including but not limited to removal and storage costs.