As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
Any person responsible for placing and maintaining a pay telephone
in a public way hereinafter defined.
ILLEGAL OR ILLICIT ACTIVITY
Activity which is proscribed by N.J.S.A. 2C:1-1 et seq. or any Township
ordinance or any federal law or regulation.
PAY TELEPHONE
Any self-service or coin- or credit-card-operated telephone.
PERSON
An individual, business, firm, corporation, association, partnership
or other organization or group of persons.
SIDEWALK
Any surface provided for the use of pedestrians.
STREET
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys and sidewalks.
Telephones shall comply with the following standards:
A. No booth surrounding a telephone shall exceed eight feet
in height, four feet in width or four feet in depth.
B. Each telephone shall be equipped with a coin return mechanism
to permit a person using the machine to secure an immediate refund if a call
cannot be placed. The coin return mechanism shall be maintained in good working
order.
C. Each telephone shall have affixed to it, in a place visible
to everyone using the telephone, a telephone number of the distributor and
the telephone number of a working telephone service to report a malfunction,
to secure a refund or to give the notices provided for in this chapter.
D. 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 served 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) 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 owner or permittee who fails to maintain his, her
or its telephone in working condition may be given a ten-day notice to repair
the telephone by the Director of Community Services. If the telephone is not
in working condition at the end of the ten-day period, the Director of Community
Services may revoke the permit unless the permittee provides assurance that
the telephone shall be repaired or removed.
[Amended 6-15-2004 by Ord. No. 04-34]
F. Each telephone shall provide a local directory or information
assistance without charge, provided that the distributor is not charged for
such call by the local telephone company.
G. Each telephone shall, upon written request of the Director
of Community Services, be capable of being restricted to outgoing calls only
within 10 days of the request as provided for herein.
[Amended 6-15-2004 by Ord. No. 04-34]
[Amended 6-15-2004 by Ord. No. 04-34]
Upon receipt of a complaint by a citizen or a representative of the Police Department that the location and use of a telephone interferes with the health and welfare of the public, the Director of Community Services shall conduct a hearing, after providing notices of same to all affected parties, to ascertain if the use of the telephone endangers the health and welfare of the community. If he or she finds by a preponderance of the evidence presented that the use of the telephone constitutes a violation of the standards and conditions of §
317-5 of this chapter or constitutes a threat to the health and welfare of the public, he or she shall revoke any permit issued by his or her Department for the use of the telephone. He or she may also order such other relief as he or she deems fair, including requiring the telephone to be restricted to outgoing calls only.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.