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.
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.