[Adopted 11-19-1996 by Ord. No. 240-1996]
[1]
Editor’s Note: The first four sections of this article
(former § 281-50, Legislative intent, former § 281-51, Definitions,
former § 281-52, Permit required, and former § 281-53, Application
for permit) were repealed 10-20-2020 by Ord. No. 2020-131.
A.
As an express condition of the acceptance of such
permit, the permittee agrees to indemnify and save harmless the City,
its officers, officials, employees and volunteers, against any and
all claims, actions, loss, damage, injury, liability, cost and expense
arising out of or incidental to the installation, use or maintenance
of a COCOT within the City.
B.
The applicant shall file with the application for
the permit a certificate of commercial general liability insurance
in the amount of not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage with the City of
New Rochelle endorsed as additional insured, such certificate to be
approved as to form, correctness and adequacy by the Corporation Counsel
to insure the City against any loss, injury or damage arising out
of the granting of the permit or from any negligence or fault of the
applicant, his agents servants or employees, in connection with the
COCOT or with any work related thereto. Such insurance must remain
in force throughout the effective period of the permit as well as
any authorized extensions thereof and shall carry an endorsement to
the effect that the insurance company will give at least 30 days'
written notice to the City of any modification or cancellation of
any insurance.
D.
The licensee shall install, operate and maintain its
COCOTs in conformance with all applicable requirements of the New
York State Public Service Law and all applicable regulations promulgated
by the New York State Public Service Commission.
E.
No renewal permit may be granted if any required compliance
or other reports or financial statements have not been filed with
the City or for any COCOT if the New York State Public Service Commission
has ordered the discontinuation of service of a licensee's COCOT at
that location or if the applicant fails to comply with any of the
provision of this article.
Any COCOT which in whole or in part rests upon,
in or over any public right-of-way or which requires the user to stand
or otherwise occupy any public right-of-way shall comply with the
following standards:
A.
No COCOT shall be used for advertising signs or publicity
purposes other than that dealing with the use of the COCOT itself.
B.
Each COCOT shall be equipped with a coin return mechanism
to permit a person using the COCOT to secure an immediate refund in
the event that the call paid for by the user is unable to be completed.
The coin-return mechanisms shall be maintained in good working order.
C.
Each COCOT shall have affixed to it in a readily visible
place so as to be seen by anyone using the COCOT a notice setting
forth all the following:
(1)
The identity and address of the COCOT licensee.
(2)
A statement that calls can be made at no charge to
the 911 emergency number, the operator and, where applicable, to local
directory assistance.
(3)
Specific dialing and coin deposit/return information,
including instructions for accessing a local exchange telephone company
operator and directory assistance.
(4)
The rates charged for local calls, including the initial
charge for a local call and the rates charged for additional time
periods.
(5)
The identity of the interchange company carrying calls
from the COCOT and instructions for obtaining access to the other
interchange companies.
(6)
Where applicable, a notice that additional charges
are imposed by the COCOT licensee for the use of the telephone or
telephone equipment for the placing of a call.
(7)
A toll-free number which the caller can use to obtain
information on the rates, surcharges, terms or conditions applicable
to calls placed from the COCOT.
(8)
The toll-free number to call for resolution by the
COCOT of a billing or service complaint and the toll-free number of
the Public Service Commission to call for assistance in resolving
a complaint.
D.
Each COCOT shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, but without
limiting the generality of the foregoing, each COCOT shall be serviced
and maintained so that:
(1)
It is reasonably free of dirt, grease or graffiti.
(2)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
(3)
It is reasonably free of rust and corrosion in the
visible unpainted metal areas thereon.
(4)
The clear plastic or glass parts thereof, if any,
are unbroken and reasonably free of cracks, dents, blemishes and discoloration.
(5)
The paper or cardboard parts or inserts thereof, if
any, are reasonably free of tears, peeling or fading.
(6)
The structural parts thereof are not broken or unduly
misshapen.
[Amended 7-21-1998 by Ord. No. 208-1998]
Any COCOT which rests in whole or in part upon
or on any portion of a public right-of-way or which projects onto,
into or over any part of a public right-of-way or which requires the
user to stand in or otherwise occupy any part of a public right-of-way
shall be located in accordance with the provisions of this section.
A.
No COCOT shall be used or maintained which projects
onto, into or over any part of the roadway of any public street or
which rests wholly or in part upon, along or over any portion of the
roadway of any public street or which requires the user to stand in
or otherwise occupy any part of the roadway of any public street.
B.
A maximum of two COCOTs may be placed next to each
other and only by the same licensee. This restriction shall not apply
to public buildings.
C.
No COCOT shall be placed, installed, used or maintained:
(1)
Within three feet of any marked crosswalk.
(2)
Within 12 feet of the curb return of any unmarked
crosswalk.
(3)
Within five 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 ahead or 15 feet to the rear of
any sign marking a designated bus stop.
(6)
Within three feet of the outer end of any bus bench.
(7)
At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six feet.
(8)
Within three feet of or on any public area improved
with lawn, flowers, shrubs, trees or other landscaping.
(9)
Within 250 feet of any other COCOT (except when two
units are installed by the same licensee next to each other).
(10)
On any handicap access ramp.
(11)
On the face of any building so that the COCOT
intrudes into the public right-of-way, unless the COCOT utilizes a
support structure as approved by the Commissioner of Public Works.
D.
All COCOTs shall be placed within 40 feet from the
corner of any block.
E.
No COCOT shall be located within any of the following
residential districts: R-1AA, R-1A and R-2.
A COCOT licensee shall obtain, at its own expense,
all permits and licenses required by law, rule, regulation or ordinance
and maintain the same in full force and effect for as long as required.
A.
A COCOT licensee shall construct, operate, maintain,
repair, remove, replace or restore the COCOT in strict compliance
with all current technical codes adopted by the City, the state, or
the United States.
A.
During any phase of construction, installation, maintenance
and repair of the COCOT, the COCOT licensee shall use materials of
good and durable quality, and all such work shall be performed in
a safe, thorough and reliable manner.
B.
All wires, conduits, cable (coaxial, fiber or functional
equivalent) and other property and facilities of a COCOT licensee
shall be so located, constructed, installed and maintained so as not
to endanger or unnecessarily interfere with usual and customary use,
traffic and travel upon the streets, rights-of-way, easements and
public ways of the City.
C.
In the event that a COCOT creates a hazardous or unsafe
condition or an unreasonable interference with property, then, at
its own expense, such COCOT licensee shall voluntarily, or upon the
request of the City, remove that part of the system that creates the
hazardous condition from the subject property.
D.
A COCOT licensee shall not place equipment where it
will interfere with the rights of property owners or with gas, electric
or telephone fixtures or with water hydrants or mains or with wastewater
pump stations or any other service or facility that benefits the City's
or its residents' health, safety or welfare.
E.
A COCOT licensee, at either its own expense or that
of a private contractor, shall protect rights-of-way, easements and
support or temporarily disconnect or relocate in the same street or
other public way any property of such COCOT licensee when necessitated
by reason of:
(1)
Traffic conditions;
(2)
Public safety;
(3)
A street closing;
(4)
Street construction or resurfacing;
(5)
Change or establishment of street grade;
(6)
Installation of sewers, drains, water pipes, pump
stations, force mains, power or signal lines; or
(7)
Any improvement, construction or repair related to
the City's or its residents' health, safety or welfare.
F.
It shall be the responsibility of a COCOT licensee
(acting alone or in conjunction with another person) to locate and
mark or otherwise visibly indicate and alert others to the location
of its underground cable (coaxial, fiber or functional equivalent)
before employees, agents or independent contractors of a COCOT licensee
install cable in the marked-off area.
A.
Upon a determination by the Commissioner of Public Works that a COCOT has been installed, used or maintained in violation of this article, an order to correct the offending condition will be issued. Such order may be telephoned to the licensee and shall be mailed to the licensee by certified mail, return receipt requested. The order shall specifically describe the offending condition, suggest actions necessary to correct the condition and inform the COCOT licensee of the right to appeal. Failure to properly correct the offending condition within five days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order or to appeal the order within three days after its receipt shall result in the offending COCOTs being summarily removed and processed as unclaimed property. If the offending COCOT is not properly identified as to owner under provisions of § 281-55C hereof, it shall be removed immediately and processed as unclaimed property.
B.
An impound fee, which shall be measured by the City's cost and expense of impounding, shall be assessed against each COCOT summarily removed. The Commissioner of Public Works shall cause inspections to be made of corrected conditions ordered under Subsection A hereof or of a COCOT reinstalled after removal under this section. The COCOT licensee shall be charged an inspection fee of $25 for each COCOT so inspected. This charge shall be in addition to all other fees and charges required under this article.
Any person or entity aggrieved by a finding,
determination, notice, order or action taken under the provisions
of this article may appeal and shall be advised of his right to appeal
to the Commissioner of Public Works. An appeal must be perfected within
three days after receipt of notice of any protested decision or action
by filing with the office of the Commissioner of Public Works a letter
of appeal briefly stating therein the basis for such appeal. A hearing
shall be held on a date no more than 10 days after receipt of the
letter of appeal. The appellant shall be given at least five days'
notice of the time and place of the hearing. The Commissioner of Public
Works or designated representative shall give the appellant, and any
other interested party, a reasonable opportunity to be heard. At the
conclusion of the hearing, the Commissioner of Public Works shall
make a final and conclusive decision. This decision shall be appealable
to a court of competent jurisdiction pursuant to Article 78 of the
CPLR.
In the event a COCOT remains inoperable for a period of 30 continuous days or in the event that the New York State Public Service Commission orders the discontinuance of service of any COCOT, the same shall be deemed abandoned and may be treated in the manner as provided in § 281-60 for COCOTs in violation of the provisions of this article.
Any licensee who erected, placed, maintained or operated a COCOT on any public street or sidewalk or in any public right-of-way or in any place requiring the user to stand or otherwise occupy a public right-of-way shall obtain a permit under this article from the Commissioner of Public Works within 90 days after the effective date of this article. In the event that any licensee fails to apply for a permit within such time period or a licensee's application for a permit is denied, the COCOT shall be deemed abandoned and may be treated in the manner as provided in § 281-60 for COCOTs in violation of the provisions of this article.
If any section, subsection, sentence, clause
or phrase of this article is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
of this article.
