[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-1990 by Ord. No. 1905]
DISTRIBUTOR — The person responsible for placing and
maintaining a pay telephone in a public way hereinafter defined.
Activity which is proscribed by Title 2C of N.J.S.A. or any Town
ordinance or any federal law or regulation.
[Added 12-16-1992 by Ord. No. 2035]
Any self-service or coin-operated telephone.
An individual, business, firm, corporation, association, partnership
or other organization or group of persons.
That portion of a street improved, designated or ordinarily used
for vehicle travel.
Any surface provided for the use of pedestrians.
All that area dedicated to public use for public street purposes,
and shall include but not be limited to roadways, parkways, alleys and sidewalks.
The Town of West New York.
[Amended 2-16-2000 by Ord. No. 26/99]
The Board of Commissioners finds and declares that:
A.
Intent and purpose.
(1)
The random placement of unauthorized customer-owned or
leased currency or credit-operated telephones (COCOT), including public telephones
in the public rights-of-way of the Town, can and does pose a risk to the safe
passage of pedestrian and vehicular traffic on or near such locations, interferes
with residents and businesses in the vicinity of such COCOT's and is
harming the Town's continuing effort to promote an aesthetically pleasing
environment and overall rational planning for the future of the neighborhoods
of West New York.
(2)
Such unauthorized COCOT's represent a violation
of the Town's regulatory and proprietary rights with respect to its streets,
sidewalks and rights-of-way and fosters an unfortunate perception of disorder
and free rein to place obstructions and encroachments in Town streets, sidewalks
and rights-of-way.
(3)
The regulation of COCOT's, including public telephones,
is part of a continuing program of managing vehicular and pedestrian traffic
in the Town and of maintaining proprietary and regulatory control over the
Town owned-streets, sidewalks and rights-of-way.
(4)
The provisions hereinafter contained and enacted are
primarily in furtherance of and for the purpose of promoting the public safety
and general welfare of persons in the Town in their use of public streets,
sidewalks and rights-of-way by balancing the limited public need for access
to telephones against the concerns set forth above.
B.
Permit required. It shall be unlawful of any person,
firm or corporation to erect, place, maintain or operate on any public street
or sidewalk or in any other public right-of-way, including any governmental
property or facility or any place requiring the user to stand in or otherwise
occupy any public right-of-way (or in or on private property) in the Town,
any COCOT without first having obtained a permit from the city specifying
the exact location of such COCOT. The granting of a permit shall not be construed
to confer any contractual rights or any property rights other than a license
to use the Town's right-of-way and/or to operate the COCOT subject to
revocation or expiration as set forth in this article and except as may be
specifically provided in this article. The standards for renewal shall be
identical to those for original issuance.
[Added 2-16-2000 by Ord. No. 26/99;
amended 11-24-2003 by Ord. No. 20/03]
The Town shall have the right to award an exclusive contract for replacement
or operation of COCOT'S on Town-owned property.
[Amended 11-24-2003 by Ord. No. 20/03]
A.
Application for permits shall be made in writing to the
Police Department upon such form as shall be provided by the Department but
must include at a minimum the name and address of the applicant, the proposed
location of the phone and a sketch of the proposed installation and shall
be signed by the applicant.
B.
The Police Department shall forward the application to
the Building Department for its review.
C.
The Building Department within 14 working days shall
report its recommendations to the Police Department.
A.
Permits may be issued for the installation of a pay telephone
after inspection of the location. An initial permit fee of $100 per telephone
shall be required.
[Amended 11-23-1994 by Ord. No. 123/94; 8-16-1995
by Ord. No. 35/95]
B.
The renewal permit fee for pay telephones shall be $50
due and owing on January 1 of each succeeding year.
[Amended 11-23-1994 by Ord. No. 123/94; 8-16-1995
by Ord. No. 35/95]
C.
The Police Department must be informed upon intent of
any person to remove or relocate a telephone.
[Amended 11-24-2003 by Ord. No. 20/03]
D.
No permit shall be issued or continued in operation unless
the applicant and any other persons, organizations, firms or corporations
on whose behalf the application is made by filing such application do represent,
stipulate, contract and agree that they will jointly and severally defend,
indemnify and hold the Town harmless against liability for any and all claims,
for damage to property or injury to or death of persons arising out of or
resulting from the issuance of the permit or the control, maintenance or ownership
or use of each pay telephone.
E.
Before the Department may issue a pay telephone permit
to any person, that person must execute an indemnification agreement substantially
as follows:
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"The applicant and any other persons, organizations, firms or corporations
on whose behalf the application is made represent, stipulate, contract and
agree that they will jointly and severally defend, indemnify and hold harmless
the Town of West New York against liability for any and all claims for damage
to property or injury to or death of persons arising out of or resulting from
the issuance of the permit or the control, maintenance or ownership or use
of each pay telephone."
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F.
Before the Department may issue a telephone permit to
any person, that person shall file with the Police Department an insurance
policy of a company duly licensed to transact business under the laws of the
state in the sum of $100,000 for one person, and for more than one person,
$1,000,000 insuring against loss from liability imposed by law upon the distributor
for damages on account of bodily injury or death suffered, and in the sum
of $50,000 against loss on account of property damage suffered by any person
or persons as a result of an accident occurring by reason of the ownership,
control or maintenance of the telephone permitted, and no license shall continue
effective unless such insurance, in the full and collectible amount of $100,000
for one person and $1,000,000 for more than one person for bodily injuries
or death and $50,000 for property damages shall remain in full force during
the entire term of the license. Such insurance policy shall provide for the
payment of any final judgment recovered by any person on account of the ownership,
maintenance and control of such telephones, or any fault in respect thereto,
and shall be for the benefit of any person suffering loss, damage or injury
as aforesaid.
[Amended 11-24-2003 by Ord. No. 20/03]
G.
No person may advertise a 911 number unless and until
the Town provides for such a number in an emergency.
H.
Any calls for operator assistance by an individual identifying
himself or herself as a member of the City Police or Fire Department shall
immediately have said call put through to the Police or Fire Department as
requested without charge.
I.
Any person calling for operator assistance identifying
the call as an emergency shall immediately have said call put through to the
Police or Fire Department as requested without charge.
Any telephone which, in whole or in part, rests upon, in or over any
public sidewalk, roadway or street shall comply with the following standards:
A.
No booth surrounding the telephone shall exceed eight
feet in height, four feet in width or four feet in thickness.
B.
No telephone shall be used for advertising signs or publicity
purposes other than that dealing with the display sale or purchase of the
telephone services located therein.
C.
Each telephone shall be equipped with a coin-return mechanism
to permit a person using the machine to secure the immediate refund in the
event that he or she is unable to receive the service paid for. The coin mechanism
shall be maintained in good working order.
D.
Each telephone shall have affixed to it, in a ready visible
place so as to be seen by everyone using the telephone a notice setting forth
the name and address of the distributor and the telephone number of a working
telephone service to report a malfunction or to secure a refund in the event
of malfunction of the coin-operated return mechanism or give the notices provided
for in this ordinance. These signs shall be displayed in both English and
Spanish.
E.
Each telephone shall be maintained in a neat and clean
condition and in good repair at all times. Specifically, without limiting
the generality of the foregoing, each telephone shall be serviced and maintained
so that:
(1)
It is reasonably free of chipped, faded, peeling and
cracked paint in the visible painted areas thereof.
(2)
It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon.
(3)
The clear plastic or glass parts thereof, if any, through
which the telephone located therein is viewed are unbroken and reasonably
free of cracks, dents, graffiti, blemishes and discolorations.
(4)
The paper or cardboard parts or inserts thereof, if any,
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.
F.
Each telephone shall contain a telephone book serving
North Hudson County secured in such a manner as to prevent it from being scattered
about the area or provide local directory or information assistance without
charge.
Any telephone which rests in whole or in part or on any portion of a
public street or projects onto, into or over any part of a public street or
sidewalk shall be located in accordance with the provisions of this section.
A.
No telephone 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.
B.
No telephone shall be permitted to rest upon, in or over
any public street or sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of persons or property;
(2)
Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicles;
(3)
Unreasonably interferes with the ingress to or egress
from any residence or place of business; or
(4)
Unreasonably interferes with the use of traffic signs
or signals, hydrants or mailboxes permitted at or near said location.
C.
Telephones shall be placed or otherwise secured so as
to prevent their being blown down or around the public street or sidewalk,
but shall not be chained or otherwise secured to any traffic or street signs,
signals, hydrants or mailboxes.
D.
No telephones shall be placed, installed, used or maintained:
(1)
Within any marked crosswalk.
(2)
Within three feet of a curb return of any unmarked crosswalks.
(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 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 four feet.
(7)
Within three feet of any building unless written permission
is secured from the property owner and filed with the application.
Any violation of this article shall subject the violator to a fine of
not less than $100 nor more than $500 or to confinement for not more than
90 days in jail, or both. Each noncomplying pay telephone violation will constitute
a separate violation. Each day of said violation shall constitute a separate
violation.
[Added 8-16-1995 by Ord. No. 35/95;
amended 11-24-2003 by Ord. No. 20/03]
A representative of the Police Department, upon 10 days' notice to the owner, shall apply to the West New York Municipal Court for an order seizing any telephone equipment which is in violation of this chapter. These violations shall include any violations of §§ 370-4, 370-5 and 370-6 of this chapter.
