[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 6-6-2000 by L.L. No. 5-2000. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person responsible for placing and maintaining a pay
telephone in a public way hereinafter defined.
Any self-service or coin or credit card operated telephone
and associated equipment.
An individual, business, firm, corporation, association,
partnership or other organization or group of persons.
A public telephone, which the Village has reasonable cause
to believe is used on a regular basis in furtherance of unlawful activity.
Any surface provided for the use of pedestrians.
All areas dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys
and sidewalks.
The Village of Hempstead, New York.
The Code of the Village of Hempstead.
A.
No person, association, partnership or corporation may place or maintain any pay telephone on or above any public street or sidewalk without having first obtained a permit as provided in this chapter. Permits shall be issued by the Village subject to the location, terms and conditions for the installation and operation of a public pay telephone, including but not limited to approval of the location and means of installation in accordance with the standards set forth in § 123-5 of this chapter. The permit required by this chapter shall be in addition to any permit required pursuant to federal, state and local regulation, including but not limited to the sidewalk permit required under Village Code § 116-15 or any other street occupancy or opening permit required.
B.
A permit issued pursuant to this chapter is valid
only for the public telephone for which such permit was issued and
may not be transferred to a person other than the owner to whom such
permit was issued without the written approval of the Village.
C.
Before installation, an application for a permit to
install, operate and maintain a public pay telephone shall be submitted
to the Superintendent of Building Department of the Village in the
form prescribed by the Village in Appendix A of this chapter.[1] The application shall contain the information required
therein, including but not limited to the name and address of the
owner of the public pay telephone for which application is being made,
the size, the precise location of such telephone, the equipment and
means of installation and cabling and a detailed description and plan
or sketch of the mounting in which the telephone is installed. A copy
of the permit or permit number shall be affixed to the telephone.
[1]
Editor's Note: Appendix A is on file in the
Village offices.
D.
The initial fee for a permit shall be $250, which
shall be accompanied by an application. Permits shall be renewable
annually on the first day of January of each year for a fee of $125.
E.
The Village shall be informed of the intent of any
person to remove or relocate a telephone.
F.
Before receiving a permit, an applicant shall:
(1)
Execute an indemnification agreement substantially
as follows: The applicant and any other person(s) on whose behalf
the application is made agree to defend, indemnify and hold harmless
the Village of Hempstead against liability for 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.
(2)
File with the Village a general liability insurance
policy for $1,000,000 for bodily injury and $50,000 for property damage,
naming the Village of Hempstead as an additional insured against any
and all injuries, loss or damage that may result from placing or maintaining
the telephone or telephone equipment on or above any public street
or sidewalk.
A.
B.
Current telephone rates shall be posted on the telephone
or on the telephone booth.
C.
Each public pay telephone location, single or multiple,
shall have a sign in the form prescribed herein and consistent with
the rules and regulations promulgated by the New York State Public
Service Commission installed so that it is visible within the enclosures
for such telephone. Such sign shall:
(1)
Be of dimensions no less than two inches by five inches
nor more than three inches by six inches.
(2)
Be of white lettering and symbols on a dark blue background.
(3)
Be in compliance with requirements of the Americans
with Disabilities Act.
(4)
Clearly and legibly identify the owner or operator
of such telephone.
(5)
Contain the following statement: "This telephone is
franchised by the Building Department of the Village of Hempstead.
Complaints regarding this telephone may be directed to (telephone
number to be provided by the Village)."
A.
Telephones shall comply with the following standards:
(1)
Each public pay telephone shall be in condition to
accept a coin, credit card, prepaid debit card or other appropriate
payment device, and the telephone must enable a call to be completed
when the proper payment has been made.
(2)
The return mechanism of each public pay telephone
shall be in working order to provide customers with return of coins
when calls are not completed.
(3)
Each public pay telephone shall provide access to
operator services, such as local directory and information assistance,
without payment by coin or other device.
(4)
Each public pay telephone, upon written request of
the Village, shall be capable of being restricted to outgoing calls
only within 10 days of receipt of such request.
(5)
Each public pay telephone, including the telephone,
pedestal and housing of such telephone, shall be maintained in accordance
with the provisions of this subsection.
(6)
Each public pay telephone shall be maintained free
of offensive odors, litter or debris.
(7)
Each public pay telephone shall be maintained free
of stickers or graffiti.
(8)
Each public pay telephone shall be maintained in a
clean condition, free of grime, rust and corrosion in the visible
unpainted metal areas and clean to the touch.
(9)
All lettering and signage on an installation shall
be cleaned and legible at all times. Any paper or cardboard parts
or inserts shall be reasonably free of cracks, dents, graffiti, blemishes
and discoloration.
(10)
The structural parts thereof shall not be broken or
unduly sharpened.
(11)
An owner of a public pay telephone shall be responsible
for all repairs to streets damaged due to the placement, installation
or removal of a public pay telephone.
B.
Any owner or permittee who fails to maintain its telephone
in working condition may be given a ten-day notice to repair the telephone
by the Village. If the telephone is not in working condition at the
end of the ten-day period, the Village may revoke the permit, unless
the permittee provides assurance that the telephone shall be repaired
or removed.
C.
Each telephone shall provide local directory or information
assistance without charge, provided that the distributor is not charged
for such calls by the local telephone company.
A.
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 and egress
from any residence or place of business.
(4)
Interferes with the use of traffic signs or signals,
hydrants or mailboxes permitted at or near said location.
B.
Unless otherwise authorized by the Village in writing,
public pay telephones shall not be installed within:
(1)
At least 18 inches, but no more than 24 inches of
the curb.
(2)
Three feet of a traffic sign.
(3)
Four feet of a traffic light.
(4)
Five feet of the end of a ramp of an entrance to or
an exit from a wheelchair lift.
(5)
A fifteen-foot radius of a fire hydrant and, unless
otherwise authorized by the Village in writing, within five feet of
a standpipe and/or sprinkler, siamese or wall hydrant.
(6)
Three feet of any grate or manhole on the curbline.
(7)
Fifteen feet of a bus stop zone, unless the public
pay telephone is attached to a bus stop shelter or is installed at
the building line and does not obstruct pedestrians' passage on the
sidewalk.
(8)
Five feet of a bench located at the curbline.
(9)
Ten feet of a driveway, unless the public pay telephone
is attached to or immediately adjacent to a building immediately adjacent
to such driveway.
(10)
A location in such a manner that a cellar door cannot
be opened to the fullest extent.
(11)
Five feet of a canopy.
(12)
Four feet of a mailbox located at the curbline.
(13)
Four feet of a streetlight.
(14)
Four feet of a parking meter.
(15)
Three feet of a fire box, unless otherwise approved
in writing by the Village.
(16)
Three feet of a sign pole.
(17)
Three feet of the edge of a tree pit or planter located
at the curbline.
(18)
Ten feet of any entrance to a residence, store or
public building.
C.
Public 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.
Public telephones must be installed upon a paved surface,
unless such telephones are attached to the facade of a building or
other structure.
E.
If the Village determines that a public pay telephone
is necessary in a location in order to provide for public health and
safety, and the standards set forth in this section can be satisfied,
then the Building Department of the Village may waive such provisions
of this section as may be necessary to permit the installation of
a public pay telephone. In no case, however, shall a public pay telephone
be placed within 18 inches of a curb or within 10 feet from a corner
or constitute an impediment to pedestrian traffic or interfere with
the unimpeded passage of building inhabitants.
F.
Telephones shall not be placed on sidewalks in front
of street addresses where there appears to be continuous criminal
activity. "Continuous activity" means reports to the police of more
than four criminal incidents at an address in a month prior to the
date of the application and more than 12 reported criminal incidents
in a year prior to the date of the application.
G.
No telephone or telecommunication device shall be placed on the sidewalk within 600 feet of any other pay telephone or telecommunication device in an R-AAA, R-AA, R-A or R-B Residential District within the Village, as these districts are described in Chapter 139 of the Village Code.
H.
No telephone or telecommunication device shall be placed on the sidewalk closer than 300 feet to any other pay telephone or telecommunication device in an R-C, R-D, R-E, R-E-1, R-F or R-G Residential District within the Village, as these districts are described in Chapter 139 of the Village Code.
I.
No telephone or telecommunication device shall be placed on the sidewalk closer than 100 feet to any other telephone or telecommunication device in a B-A, B-B, B-C, B-BG, Light Manufacturing or Industrial District within the Village, as these districts are described in Chapter 139 of the Village Code.
J.
In the event that an operator wishes to place more than one telephone in a given location, in addition to the application, a detailed description and plan or sketch as required by § 123-2C of this chapter, the applicant shall submit economic or demographic data to support the need for the number of phones proposed. The Superintendent of Building Department of the Village shall review this data and, after consultation with the Police Department, shall have the discretion to allow more than one telephone to be placed or maintained in the proposed location.
A.
The Village may revoke permits, pursuant to this section,
that it deems necessary and appropriate where:
(1)
A complaint by a citizen has been received, which
has been verified by the Police Department, or a complaint received
from a representative of the Police Department that the location and
use of a telephone interfere with the health and welfare of the public.
(2)
There is reasonable cause to believe that an owner, or any employee, agent or independent contractor of such owner, has violated the provisions of the Village Code, such as § 116-15, or any provision of this chapter or any of the terms or conditions contained in the permit for a public pay telephone issued pursuant to the provisions of this chapter.
(3)
A public pay telephone unreasonably interferes with
the use of a street by the public or the use of abutting private property
or constitutes a danger to life or property or a public nuisance.
(4)
A knowing material omission or false statement has
been made in relation to any application or certification made pursuant
to this chapter.
(5)
An owner of a public pay telephone has failed to pay
any fines or penalties imposed in relation to such telephone.
B.
In addition to revoking permits, the Village may also take one or more of the following actions upon occurrence of an event described in Subsection A of this section:
(1)
The Village, at its discretion, may suspend review
of all applications for the issuance or renewal of permits filed by
such owner pursuant to this chapter. Such suspension may continue
until the condition has been corrected to the satisfaction of the
Village and payment has been made of all fines or civil penalties
imposed for the violation, any costs incurred by the Village for removal
and related repair or restoration work and any fees for any administrative
expense or expense of additional inspections incurred by the Village
as a result of such condition.
(2)
The Village may revoke a permit and, upon such revocation,
may further order the removal of the public pay telephone for which
such permit has been issued. In the event that the permittee fails
to remove the public pay telephone and to perform related repair and
restoration work within the time period specified by such order, the
Village may remove or cause the removal of the public pay telephone
and have repair and restoration work performed at the expense of the
permittee, who shall be liable for the amount expended by the Village.
(3)
The Village may request in writing that a public pay
telephone be restricted to outgoing calls only.
(4)
The Village may render a public pay telephone inoperable,
except for the purpose of emergency telephone service through the
911 system or an operator. Such action may continue until the permittee
has corrected the condition to the satisfaction of the Village and
payment has been made of all civil penalties imposed for the violation
and any fees for any administrative expense or expense of additional
inspections incurred by the Village as a result of such condition.
The Village shall affix to any public pay telephone rendered inoperable
pursuant to this paragraph, a notice advising the public that the
phone may be used only for emergency telephone service through the
911 system or an operator and setting forth this provision of the
Village Code. Any device utilized by the Village for the purpose of
rendering a public pay telephone inoperable shall be designed so as
to permit the unimpaired use of the public pay telephone upon the
removal of the device.
C.
Notice.
(1)
Except as provided in Subsection E of this section, before taking any action pursuant to this chapter, the Village shall notify the owner of a public telephone, with regard to which the action is proposed, of the reason for such proposed action. Such notice shall specify the action, if any, that may be taken by the permittee to correct the condition and the manner and time period in which such condition must be corrected or, if the condition is not one that is capable of correction, the time by which the telephone shall be removed. Except as provided in Subsection D of this section, the owner shall respond no later than five business days following such notice. Such response shall either:
(2)
Failure of an owner to timely respond to such notice by the Village shall constitute default and shall subject the owner to revocation of the permit and removal of the telephone pursuant to the provisions of Subsections A and B of this section. The Village shall review the response of the permittee and notify the permittee of the final determination and the reasons therefor.
D.
Notwithstanding any other provision of this chapter,
the Village may, upon determination that a public pay telephone constitutes
a public nuisance, notify the permittee of such determination and
order that such telephone be removed within five business days. A
permittee may respond in writing to the Village no later than five
business days following receipt of such notice, setting forth any
reasons why such telephone does not constitute a public nuisance.
If, following review of such reasons, the Village makes a final determination
that such telephone constitutes a public nuisance, the Village shall
notify the permittee that such telephone must be removed immediately.
Failure to remove such telephone immediately will subject the telephone
to removal by the Village and repair and restoration work shall be
performed at the expense of the permittee, who shall be liable in
a civil action for the amount expended by the Village.
E.
Notwithstanding any other provision of this chapter,
if the Village determines that an imminent threat to life or property
exists, the Village may remove or cause the removal of a public pay
telephone and have repair and restoration work performed at the expense
of the owner, without affording the owner an opportunity to be heard
prior to such removal. The Village may, if it determines that such
telephone can be safely reinstalled and maintained, permit the owner
to reinstall such telephone. However, no more than five business days
following the removal of a public pay telephone pursuant to this subsection,
an owner of such telephone, who is a permittee, shall be provided
notice of such removal and the reasons therefor and may respond to
the Village in writing, setting forth the reasons why such telephone
should not have been removed. The Village shall review such response
and notify such owner within 10 days of receipt of such response of
his or her final determination and the reasons therefor.
A.
Any violation of this chapter shall subject the violator
to a fine of not less than $200 and not more than $5,000. Each noncompliance,
and in the case of continuing violation, each day's continuance, shall
be a separate and distinctive offense.
[Amended 7-7-2020 by L.L. No. 3-2020]
B.
An owner who is liable for a civil penalty for a violation
pursuant to this section shall also be liable in the amount of the
expense, if any, incurred by the Village in the removal of the public
pay telephone and the performance of related repair and restoration
work.
Any telephone removed pursuant to this chapter
which is not claimed by the owner within 30 days of removal shall
be deemed abandoned. All abandoned public pay telephones may be sold
at public auction after having been advertised in the Village records
and the proceeds paid into the general fund, or such abandoned telephones
may be used or converted for use by the Village or its agencies. A
public pay telephone shall be released to the owner upon payment of
the costs of removal, repair and restoration work, and storage, any
fees for any administrative expense or expense of additional inspections
incurred by the Village as a result of the violation or, if any action
or proceeding for the violation is pending in a court or before any
other disciplinary board, upon posting of a bond and other form of
security acceptable to the Village in an amount which will secure
the payment of such costs and any fines or civil penalties which may
be imposed for the violation.
