[Amended 10-7-1993 by Ord. No. 1236-93]
A.
It shall be unlawful for any person to place, maintain
or operate any pay telephones in the city without having first obtained a
permit from the Department of Community Development, Division of Building
Code Enforcement, specifying the exact location of such pay telephone. One
permit may be issued to include any number of telephones and shall be signed
by the applicant.
B.
Application for such permit shall be made, in writing,
to the Department of Community Development, and approved by the Director,
upon such form as shall be provided by them and shall contain the name and
address of the applicant and the proposed specific location of said telephone
and shall be signed by the applicant.
C.
Complaint forms, which shall be configured in a manner
prescribed by the Department of Community Development, shall be available
in the Department of Community Development, the office of the City Clerk and
the Police Department.
D.
Before installation, a plan or sketch of the telephone
shall be furnished in sufficient detail to describe the location and means
of installation and cabling.
E.
The City of Passaic shall be notified before the removal
of any telephone.
[Amended 11-24-1992 by Ord. No. 1193-92]
Application for a permit for each pay telephone shall be made to the
office of the City Clerk on forms supplied by said office. The initial fee
for a permit shall be $50 for each telephone. The annual renewal fee shall
be $25 for each telephone. This fee shall apply to those telephone companies/operators
which are affiliated with an association or with a company which has a compliance/monitoring
program for its members/operators. If the company does not belong to such
an association/company and has no monitoring program, the initial fee for
a permit shall be $250 per phone, and the annual renewal fee shall be $150
for each telephone. In either case, no fees shall be refundable.
[Amended 11-24-1992 by Ord. No. 1193-92]
The City of Passaic shall be informed of the intent of any person at
least 10 calendar days prior to removal or relocation of a telephone. The
fee for relocation shall be $15 per telephone.
[Amended 10-7-1993 by Ord. No. 1236-93]
A.
The Director of Community Development may reject any
application for a permit, revoke a permit or require the removal of the existing
pay telephone or cause a restriction to outgoing calls only if he or she has
reasons to believe that such pay telephone has the potential to or has illustrated
a propensity to create or contribute to illegal or illicit activities, or
otherwise infringes on the use of and access to the public sidewalk. The Director
can consider as illicit activity a minimum of three complaints of possible
illegal activities near the same address within a ninety-day period.
B.
If any city department or any other person reports a
complaint about a telephone which does not have a current permit, such telephone
shall be subject to removal by the city in accordance with this chapter.
C.
If the city removes the pay telephone pursuant to the
provisions of this chapter, then the telephone shall be impounded by the city.
Said pay telephone shall not be released until proper ownership and permits
are presented and the permit fee and fines are paid, together with a removal
and storage charge of $300. If no person files a claim for the return of the
telephone or complies with the requirement to obtain the return of the telephone
seized under this chapter, within six months from the date of seizure, then
said telephone may be disposed of pursuant to N.J.S.A. 40A:14-157.
[Amended 11-24-1992 by Ord. No. 1193-92]
Before receiving a permit, an applicant shall:
A.
Execute and file with the City Clerk an indemnification
agreement substantially as follows: The applicant and any other persons on
whose behalf the application is made agree to defend, indemnify and hold harmless
the City of Passaic 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.
B.
Before the Director may issue a telephone permit to any
person, that person shall file with the Department of Community Development
and the office of the City Clerk an insurance policy of a company duly licensed
to transact business under the laws of the State of New Jersey for the amount
of $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. No license
shall continue to be effective unless such insurance, in the full and collectible
amount of $1,000,000 for bodily injuries or death and $50,000 for property
damage, shall remain in full force and effect during the entire term of the
permit. Such insurance policy shall provide for the payment of any final judgment
to recover 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 10-7-1993 by Ord. No. 1236-93]
The fees set forth herein shall not apply to any telephone installations
subject to an agreement with the City of Passaic providing for the payment
of an annual commission to the City of Passaic. However, a permit shall still
be required.
As used in this chapter, the following terms shall have the meanings
indicated:
The City of Passaic.
Any person responsible for placing and maintaining a pay telephone
in a public way hereinafter defined.
Activity which is proscribed by Title 2C of the New Jersey Statutes
Annotated, Division of Building Code Enforcement, or any city ordinance or
any federal law or regulation.
[Added 10-7-1993 by Ord. No. 1236-93]
Any self-service or coin-operated telephone, and shall also include,
for the purpose of this chapter, any booth or enclosure surrounding, in whole
or in part, the telephone, any pedestal, stand, pole or other device upon
which the telephone is mounted and any other appliance or appurtenance directly
related to the telephone and its location.
[Amended 11-24-1992 by Ord. No. 1193-92]
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.
[Added 10-7-1993 by Ord. No. 1236-93]
Any public 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.
