[Added 7-8-1997 by Ord. No. 2607]
As used in this article, the following terms
shall have the meanings indicated:
Any person responsible for placing or maintaining a pay telephone.
The Village of Ridgewood.
Any self-service or coin- or credit-card-operated telephone
or telephones located in or over a public sidewalk or public street.
An individual, business, firm, corporation, association,
partnership or other organization or group of persons.
That area of a public street dedicated to public use for
pedestrian traffic. The public sidewalk shall include those areas
between the curb and the sidewalk, where such areas exist, and areas
beyond the sidewalk, if dedicated to public use.
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways and alleys.
A.
No person may place or maintain any pay telephone
on or above any public street or public sidewalk within the Village
of Ridgewood without having first obtained a permit as provided in
this article. Permits shall be issued by the Village Manager, or his
designee, subject to approval of the location and means of installation
of the pay telephone as set forth hereinafter. Permits or denial thereof,
with reasons set forth in the event of denial, shall be issued within
10 working days of receipt by the Village Manager, or his designee,
of a completed application for such permits. A completed application
is an application filed with the Village Manager, or his designee,
which furnishes all of the information required by this article. A
permit shall be issued for a term of one year, which shall be a calendar
year commencing January 1 and terminating December 31. Fees shall
be prorated on a monthly basis, but not for any portion of a month.
B.
Before receiving a permit, the applicant shall submit
to the Village Manager, or his designee, a survey or drawing, certified
by the applicant to be correct, showing the public street and sidewalk,
the nearest property line and a plan or sketch of the pay telephone
in sufficient detail to describe the size, location, equipment and
means of installation.
C.
The fee for a permit per telephone for the first year and per telephone for each year thereafter shall be as set forth in Chapter 145, Fees. In the event that a permit is issued for a partial year, the fee, as set forth in Chapter 145, Fees, shall be prorated over the first 12 months of the permit upon renewal, namely a fee of $200 shall be paid for the first 12 months that a permit shall be issued and shall thereafter be adjusted to an annual fee, as set forth in Chapter 145, Fees, per calendar year. Notwithstanding the above, no fee shall be charged for permits pertaining to pay telephones furnished by the Village of Ridgewood as an accommodation to the public.
D.
Before receiving a permit, an applicant shall:
(1)
Execute an indemnification agreement substantially
as follows: "The applicant and any other persons on whose behalf the
application is made agree to defend, indemnify and hold harmless the
Village of Ridgewood against liability for all claims for damage to
property or injury to or death of persons arising out of the control,
maintenance or ownership or use of each pay telephone."
(2)
File with the Village Manager, or his designee, evidence
of a general liability insurance policy, in form and content approved
by the Village Attorney, of $1,000,000 for bodily injury and $500,000
for property damage naming the Village of Ridgewood as additional
insured against any injury, loss or damage that may result from placing
or maintaining the pay telephone on or above the sidewalk.
(3)
Submit a refundable cash deposit, maintenance bond
or other security acceptable to the Village of Ridgewood of $350 for
each pay telephone to cover the cost of removal and repair to the
street or sidewalk. Said deposit shall be returned to the licensee
when the telephone is removed and the location inspected by the Department
of Building and Inspections.
(4)
Submit proof of its authority to install a pay telephone.
Such authority shall be a signed statement from the Board of Public
Utilities and the telephone company to which the pay telephone will
be tied, e.g., Bell Atlantic.
(5)
Submit proof of consent to the installation and use from the adjacent property owner or property owners as required in § 249-78C(7).
E.
The issuance of a permit under this article shall not be deemed to supersede any requirements of the State Uniform Construction Code or other federal, state, county or municipal laws, ordinances or regulations. No permit shall be issued to erect or install a public sidewalk or public street pay telephone in any residential zone of the Village nor in any place in other zones of the Village, except along public sidewalks and public streets as herein defined. No advertising, signs or publicity purposes other than those dealing with the actual use of the pay telephone shall be permitted on the pay telephone or its surround. The erection of any pay telephones not within the public street or public sidewalk shall be subject to Chapter 190, Land Use and Development, of the Ridgewood Village Code.
F.
Pay telephones shall have only one primary identification
sign, which shall not exceed 2.5 square feet and not be freestanding
but attached to the phone structure.
B.
Pay telephones shall permit a caller directly to select
the long-distance company to carry a call without any incremental
charges, except as may be otherwise permitted by applicable tariffs
filed with the New Jersey Board of Public Utilities.
C.
The following current rates, including the rates for
the initial time period and for any additional time periods, as applicable,
shall be posted on each pay telephone in a clear and readable form:
D.
The following information shall be clearly posted
on each pay telephone:
(1)
The identity of the local interexchange company, the
long-distance company and the operator assistance company that normally
process or carry calls from the pay telephone.
(2)
A toll-free number that a caller can use to obtain
information on the rates, the surcharges or the terms and conditions
applicable to calls placed from the pay telephone.
(3)
A toll-free number that a caller can use for the resolution
by the pay telephone company of a billing or a service complaint.
Pay telephones shall comply with the following
standards:
A.
Provide dial tone at all times when the receiver is
taken off hook (when receiver is removed from its normal holder).
B.
Restrict incoming calls; that is, the telephone shall
be used only for outgoing calls.
C.
No enclosed booth shall surround a pay telephone,
although soundproof panels may separate each telephone in a multiphone
installation.
D.
Each coin-operated pay telephone shall be equipped
with a coin-return mechanism to permit a caller to obtain an immediate
refund of all moneys deposited, when applicable. The coin-return mechanism
shall be maintained in good working order.
E.
Each pay telephone shall have affixed to it, in a
place visible to everyone using the pay telephone, the name and address
of the distributor and the telephone number of a working telephone
service to report a malfunction or secure a refund.
F.
Pay 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 pay telephone shall be serviced and maintained
so that:
(1)
It is reasonably free of chipped, faded, peeling and
cracked paint on the visible painted areas thereof.
(2)
It is reasonably free of rust and corrosion on the
visible unpainted metal areas thereon.
(3)
Any clear plastic or glass parts are unbroken and
reasonably free of cracks, dents, 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.
(7)
It is free of graffiti.
G.
Each pay telephone shall be restricted to outgoing
calls only.
H.
Any distributor or pay telephone company that fails
to maintain its pay telephone in good working condition shall be given
a ten-day written notice by the Village Manager, or his designee,
to repair the pay telephone. If the pay telephone is not in good working
condition at the end of the ten-day period, the Village Manager, or
his designee, may revoke the permit.
I.
If telephone books or other written manuals are provided,
they shall be maintained in good condition to ensure readability.
A.
No pay telephone shall be permitted to rest upon,
in or over any street or sidewalk when such installation, use or maintenance
shall:
(1)
By determination of the Village Manager, or his designee,
unreasonably interfere with or impede the flow of pedestrian or vehicular
traffic, including any legally parked or stopped vehicles;
(2)
By determination of the Village Manager, or his designee,
unreasonably interfere with the ingress or egress from any residence
or place of business; or
(3)
By determination of the Village Manager, or his designee,
interfere with the use of traffic signs or signals, hydrants or mailboxes
permitted at or near said location.
B.
Pay telephones shall be placed or otherwise secured
so as to prevent their being blown down or around the street or sidewalk
but shall not be chained or otherwise secured to any traffic or street
signs, signals, hydrants or mailboxes.
C.
No pay telephones shall be placed, installed, used
or maintained:
(1)
Within five feet of any marked crosswalk.
(2)
Within four feet of a curb.
(3)
Within 20 feet of any fire hydrant, fire call box,
police call box or other emergency facility.
(4)
Within five feet of any driveway.
(5)
Within three feet of any public area improved with
a lawn, flowers, shrubs, trees or other landscaping.
(6)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than 10 feet.
(7)
Within three feet of any building unless written permission
is secured from the property owner and filed with the application;
wall-mounted telephones shall not extend more than 20 inches from
the wall; ground-mounted telephones shall not extend farther than
24 inches from the wall.
(8)
Within 10 feet of a bus shelter.
(9)
Within 200 feet of a theater or church.
D.
In the event that a particular pay telephone does
not meet the requirements set forth herein, an applicant may apply
to the Village Manager, or his designee, for a waiver. The Village
Manager, or his designee, may issue a waiver if, in his/her judgment,
strict application of this article results in an undue hardship and
that a waiver can be granted without substantial detriment to the
public health, safety and welfare.
E.
Pay telephones shall not be placed in sidewalks in
front of street addresses or within 100 feet, measured along the street
frontage measured on both sides of the street, from the property line
of street addresses in either direction where there appears to be
continuous criminal activity. Continuous "criminal activity" means
a location or locations which has or have generated more than four
criminal reports in any one month or more than 12 criminal reports
within a year.
F.
No pay telephone shall be placed within 500 feet,
measured along the street frontage, of any other pay telephone on
the same side of the street.
A.
The distributor or pay telephone company shall remove
any pay telephone within 10 days following notice by the Village Manager,
or his designee, should the Village determine that such pay telephone
interferes with the repair or improvement of any street, sidewalk
or public place. Upon the completion of such repair or improvement,
the applicant may reinstall such pay telephone without additional
fee.
B.
The applicant shall remove any pay telephone within
10 days following revocation or nonrenewal of a permit.
A.
Upon the receipt of a written complaint that the location
or use of a pay telephone constitutes a threat to the health, safety
or welfare of the community or violates any terms of this article
or any other ordinances of the Village of Ridgewood or other federal,
state or county laws or ordinances, the Village Manager shall conduct
a hearing after providing written notice of the same at least 10 days
in advance thereof to all affected parties to ascertain whether the
location and use of the pay telephone constitutes a threat to the
health, safety or welfare of the community. If the Village Manager
finds grounds for revocation pursuant to the authority conferred by
this section, he shall revoke any permit issued by the agency for
the use of the pay telephone. He may also order such other relief
as he deems fair.
All existing pay telephone owners or operators
shall have a period of sixty days from the effective date of this
article to obtain the permits required by this article. The Village
Manager, or his designee, reserves the right to reject any and all
locations submitted for approval if a location or installation is
not in conformity with this article.
