[Added 8-20-1997 by Ord. No. 11-1997]
As used in this article, the following terms
shall have the meanings indicated:
Any person owning or responsible for placing and maintaining
a public telephone and/or obtaining a permit therefor.
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.
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.
A.
No person shall place or maintain any public telephone
in, upon or over any public street or sidewalk in any of the NC Neighborhood
Conservation Zoning Districts until after a permit application has
been fully reviewed and approved by Borough Council, following a public
hearing, in accordance with the following criteria:
B.
No person shall place or maintain any public telephone
in, upon or over any street or sidewalk in any other designated zoning
district without having first obtained a permit as provided in the
article.
A.
An application for a permit shall be made, in writing,
to the Office of Building and Housing upon such form as may be established
by such office for such purpose and shall contain the name and address
of the applicant, the specific location of the proposed public telephone
or telephones, the telephone number(s), a plan of the public telephone
in sufficient detail describing the size, equipment, means of installation
and cabling, and shall be signed by the applicant.
B.
Each application must be accompanied by a per-telephone
permit fee to be established by resolution of Borough Council.
C.
Upon approval a permit shall be issued for a period
of one year to commence on October 1 and expire on September 30. A
renewal application shall be filed no later than 60 days prior to
the expiration date and must be accompanied by a fee to be established
by resolution of Borough Council for each public telephone covered
thereby, if no change is to be made in the location of the public
telephone.
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.
A.
No public telephone shall be permitted to rest upon,
in or over any public street or sidewalk when such installation, use
or maintenance endangers the safety of persons or property; unreasonably
interferes with or impedes the flow of pedestrians or vehicular traffic,
including any legally parked or stopped vehicles; unreasonably interferes
with the ingress and egress from any residence or business; or interferes
with the use of traffic signs or signals, hydrants or mailboxes permitted
at or near said location.
B.
No public telephone shall be placed, installed or
maintained within any marked crosswalk; within three feet of a curb;
within 15 feet of any fire hydrant, fire call box, police call box
or other emergency facility; within five feet of any driveway; or
at any location where the clear space for the passageway of pedestrians
is reduced to less than six feet.
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.
