[HISTORY: Adopted by the Common Council of the City of Albany 4-7-1997
by Ord. No. 28.102.96. Amendments noted where applicable.]
A.
The Common Council finds that illicit drug activity and
other criminal and/or disruptive behavior is occurring on a continuing basis
in the vicinity of certain outdoor pay telephones and that such activities
are often facilitated by the use of such telephones. The Common Council further
finds and declares that these uses of outdoor pay telephones constitute a
public nuisance necessitating the regulation of the placement thereof to discourage
these activities and to promote the welfare and convenience of the general
public.
B.
This chapter is intended to regulate the location of
pay telephones available for use by the public on public property or on the
exterior of buildings, the use or operation of which requires the use of the
public right-of-way, for the purposes of deterring loitering, avoiding circumstances
which encourage the potential for loud and boisterous behavior by congregating
persons, minimizing any interference with pedestrian or vehicular traffic,
preventing the undue proliferation of pay telephones throughout the City,
ensuring aesthetic cohesiveness, preventing the price gouging of citizens,
preserving the City's historic areas and maintaining the general health, safety,
peace and tranquillity of the City.
No pay telephone on public property or on the exterior of a building,
the use or operation of which requires the use of the public right-of-way,
shall be installed, kept, maintained or operated in the City of Albany without
a permit from the City.
A.
Permits shall only be granted to firms, persons or corporations
who or which have been certified by the City, upon such terms as determined
and promulgated by the Commissioner of the Department of General Services
and in accordance with the provisions hereof.
B.
Application for certification shall be made in writing
on forms provided by the Commissioner and shall provide the name, address,
telephone and fax numbers of the applicant, employer identification number
(EIN) or social security number, together with the name(s) and telephone numbers
of any contact person and/or subcontractor to be employed by the applicant
in the installation and maintenance of the pay telephones and such other information
as required by the Commissioner. The applicant shall also certify that the
operation, installation and maintenance of pay telephones will meet or exceed
the following criteria and requirements:
(1)
All public pay telephone installations will conform to
and be in compliance with all applicable City, state and federal laws, rules
and regulations.
(2)
All public pay telephone installations will provide for
emergency service under the E-911 system.
(3)
All public pay telephone installations will be convertible
to one-way service or other restricted service at particular locations upon
request of the City.
(4)
All public pay telephones shall allow police officers
to make calls to the dispatcher at any time without cost.
(5)
All public pay telephone installations will be programmable
to be turned off at particular times of day (while allowing E-911 calls to
be made) upon request of the City.
(6)
The existence and submission of a maintenance and repair
plan to ensure that all public pay telephone installations are inspected and
cleaned at least once per week, not more than 10% of the applicant's public
pay telephone installations are out of service at any one time and full restoration
of service to any given telephone within 24 hours of a report of inoperability
if the source of the outage is within the control of the applicant.
(7)
The willingness and agreement of the applicant to provide
public pay telephone services to residential areas of the City underserved
in terms of household telephones or other public pay telephone installation
service and/or to other locations with significant emergency demands or as
otherwise reasonably determined by the City.
(8)
The maintenance of complete and accurate books and records,
including maintenance and repair history and including a compilation of all
incoming and outgoing calls from each public pay telephone installation which
shall be made available to the City upon its demand.
C.
A permit granted pursuant to this chapter shall be valid
for 12 months from the date of issuance.
D.
Application for permits shall be made in writing on forms
provided by the Commissioner and shall provide the name, address, telephone
and fax numbers of the applicant, the location of phone to be installed, the
name and address of the location's property owner. If the property owner is
other than the applicant or the City of Albany, the applicant must provide
evidence that the owner has agreed to allow a phone to be installed at that
location.
E.
Upon receipt of a permit application, including an application
for renewal, the Commissioner shall send a copy of the application
to the Alderperson of the ward in which the proposed public pay telephone(s)
is to be located, or continued, for his/her comments. Comments and recommendations
shall be accepted for a period of 14 days from the date of distribution. Notice
of permit issuance, with any conditions or restrictions, shall be similarly
distributed.
[Added 6-15-1998 by Ord.
No. 36.61.98]
The design and appearance of all public pay telephone installations in areas or upon buildings within the jurisdiction of the Historic Resources Commission (Part 4 of Chapter 42 of the Code of the City of Albany) or the business improvement districts (Chapter 142 of the Code of the City of Albany) shall be subject to the review and approval of the Historic Resources Commission and/or the Business Improvement District Management Association, as the case may be.
All applicants shall be required to comply with the applicable provisions
of the Americans with Disabilities Act and any other applicable federal, state
and local laws governing and relating to accessibility for persons with disabilities.
Additionally, 15% of each applicant's public pay telephone installations shall
be equipped with volume control equipment to enable persons with hearing impairments
to access and utilize the telephones.
A.
Except as otherwise provided herein, public pay telephone
installations shall conform to the following requirements:
(1)
Pedestrian passage. Sidewalk clearance must be maintained
so as to ensure a free unobstructed pedestrian passage of eight feet or 1/2
the width of the sidewalk, whichever is greater.
(2)
Crosswalks and sight lines. Public pay telephone installations
shall not obstruct nor interfere in any manner with curb cuts or crosswalks
and shall not interfere with free, unobstructed passage and unobstructed lines
of sight for vehicular traffic.
(3)
Fire escapes and building access. Public pay telephone
installations shall not be located so as to interfere with the normal operations
of a fire escape nor where it will obstruct or impede the free use of any
means of egress required by the Uniform Code.
(4)
Underground vaults and sewers. Public pay telephones
shall not be installed in such a manner so as to affect the structural integrity
of an underground vault or sewer.
(5)
Distances required. Public pay telephone installations
shall not be installed within:
(a)
Three feet of a traffic sign;
(b)
Four feet of a traffic light;
(c)
Five feet of the end of a handicap access ramp;
(d)
A fifteen-foot radius of a fire hydrant;
(e)
Three feet from a grate or manhole on the curbline;
(f)
Fifteen feet of a sidewalk cafe;
(g)
Fifteen feet of a bus stop zone;
(h)
Four feet of a street light;
(i)
Three feet of a parking meter;
(j)
Three feet of a news rack or newsbox located at the curbline;
(k)
Three feet of a grating if the public pay telephone is
installed at the building line and does not cover the grating or in any way
impede the opening of the grating; or
(l)
Three feet of the edge of a tree pit or planter located
at the curbline.
(6)
Distance from building. No portion of any public pay
telephone or any structure or enclosure housing such telephone shall project
horizontally more than 14 inches from the building line.
(7)
Number of public pay telephones at any location. There
shall be no more than three public pay telephones installed along the curbline
in an in-line configuration or within a single pedestal configuration.
(8)
Distinctive sidewalks. A public pay telephone shall not
be installed on or result in the destruction, damage or removal of any part
of a distinctive sidewalk. For purposes of this subdivision, "distinctive
sidewalk" shall include but not be limited to a pavement of granite, slate,
bluestone or brick.
B.
Waiver by Commissioner. If the Commissioner determines
that a public pay telephone installation is necessary in order to provide
for the public health and safety, and the standards set forth in this section
cannot be satisfied, he or she may waive such provisions of this section as
may be necessary to permit such installation.
A.
The Commissioner of the Department of General Services
may issue a permit for a particular installation upon finding that:
(2)
The proposed installation will not unreasonably interfere
with pedestrian traffic or use of the public right-of-way.
(3)
The proposed installation will not have an undue adverse
affect upon adjacent property, the character of the neighborhood, traffic
conditions or other matters affecting the public safety, welfare or convenience.
B.
The Commissioner expressly retains the right to deny
a permit. Grounds for denial shall be provided upon written request by the
applicant.
C.
Upon a finding of a violation of this chapter or other
applicable rule, regulation, ordinance, local law or statute or upon other
good cause shown the Commissioner may revoke a permit. The permit fee shall
not be refunded.
[Amended 5-19-2008 by Ord. No. 25.42.08]
A.
Applications for certification shall be accompanied by
a nonrefundable processing fee of $325. Certification shall be effective for
12 months from the date of issuance.
B.
Applications for permits to install public pay telephones
shall be accompanied by a permit and processing fee of $100. Permit holders
shall be given the right of first refusal for the renewal of such permits.
Unless the certification and permit process is complied with as called
for herein, all existing public pay telephones installed prior to the effective
date of this chapter shall be removed by the owner within 30 days thereof.
The Commissioner of the Department of General Services shall administer
and enforce the provisions of this chapter and shall promulgate rules and
regulations in addition to those listed in this chapter to implement the same.
A.
Any firm, person or corporation violating any of the
provisions of this chapter shall, upon conviction, be punishable by a fine
which shall not exceed $325 or by imprisonment which shall not exceed 15 days,
or both, for each offense. Each day in which the violation occurs shall be
deemed a separate offense. The Commission is hereby authorized and directed
to effect the removal of pay telephones and appurtenances placed or remaining
in violation of this chapter with all costs of such removal to be paid by
the owner of the pay telephone. The Commissioner shall provide written notice
to the property owner and owner of the pay telephone, if available, that the
pay telephone must be removed within 10 days from the date of the written
notice. The Commissioner may remove any pay telephones remaining after the
ten-day notice period and shall return the removed telephone to the owner
only upon payment of the applicable charges relating to its removal and/or
fines associated therewith.
[Amended 5-19-2008 by Ord. No. 25.42.08]
B.
Any pay telephone removed by the Commissioner pursuant
to this section which is not claimed by the owner within 30 days of removal
shall be deemed abandoned. All abandoned pay telephones may be sold by the
City pursuant to applicable law under the direction of the Purchasing Department
and Board of Contract and Supply.[1]
[1]
Editor's Note: Section 2 of Ord. 28.102.96, which immediately followed
this section, provided that this ordinance shall take effect 45 days after
its final passage and signature by the Mayor.
