[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 7-13-1993 by Ord. No. 2155. Amendments noted where applicable.]
GENERAL REFERENCES
Telephone alarm devices — See Ch. 83, Art. I.
Sidewalk obstructions — See Ch. 273, Art. V.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Bergenfield.
ILLEGAL OR ILLICIT ACTIVITY
Activity which is prescribed by Title 2C of N.J.S.A. or any Borough ordinance or any federal law or regulation.
PERMITTEE
Any person responsible for placing and maintaining a public telephone on sidewalk or street as hereinafter defined, and receiving a permit therefor.
PERSON
An individual, business, firm, corporation, association, partnership or any other organization, group or entity.
PUBLIC TELEPHONE
Any self-service, coin-operated or credit-card-operated telephone or bank of such telephones placed adjacent to each other located in or over a public sidewalk or street.
SIDEWALK
That portion of a highway or street intended for the use of pedestrians, between the curbline or the lateral line of a shoulder, or if none, the lateral line of the roadway and the adjacent right-of-way line.
STREET
The entire width between the boundary lines of every way publicly maintained when any part thereof is opened to the use of the public for the purposes of vehicular traffic and shall include, but not be limited to, roadways, parkways, alleys and highways.
A. 
No person may place or maintain any outdoor public telephone on or above any public street or sidewalk without having first obtained a permit as provided in this chapter. Permits shall be issued subject to the approval of the location and means of installation of the telephone by the Construction Official of the Borough of Bergenfield. Prior to installation, a plan or sketch of the telephone shall be furnished in sufficient detail to describe the size, location, equipment and means of installation and cabling.
B. 
The initial fee for a permit shall be $100 for each public telephone. The annual renewal fee shall be $25 for each public telephone.
C. 
A copy of the permit number shall be affixed to the public telephone in such a fashion so as to be secure from defacing or damage by the elements.
D. 
Permits shall be renewable annually with all applications for renewal to be submitted to the Borough not later than the 15th day of January of each year.
E. 
The Construction Official shall be notified of the intent of any person to remove or relocate a public telephone which notification shall be in writing and shall be given not later than 30 days before the intended date of removal or relocation of said telephone. No telephone may be removed or relocated without compliance with the provisions of this chapter.
F. 
The Construction Official may reject any application for a permit, revoke a permit or require the removal of an existing outdoor public telephone if a public telephone has the potential to or has illustrated a propensity to create or contribute to illegal or illicit activities. A presumption of illegal or illicit activity will be created if during the permit year five incidents of illegal or illicit activities are associated with the location or the proposed location of the public telephone.
G. 
The permit fees set forth herein shall not apply to any public telephone installation subject to an agreement with the Borough of Bergenfield providing for the payment of any annual commission to the Borough of Bergenfield, except that such public telephone installations shall be subject to the following:
(1) 
Approval of the location of each public telephone by the Construction Official.
(2) 
The Borough of Bergenfield may require the removal of an outdoor telephone, the revocation of a permit or the restriction or limitations of service permitting outgoing calls only, if a public telephone has the potential to or has illustrated a propensity to create or contribute to illegal or illicit activity. A presumption of illegal or illicit activity will be created if during the permit year five incidents of illegal or illicit activities are associated with the location or the proposed location of the public telephone.
H. 
In the event the Construction Official declines to issue a permit, the applicant may request a hearing before the Construction Official or a designee as to said denial. Said request for a hearing must be made in writing to the Construction Official within 10 days of receipt of notice of the denial. Before receiving a permit, an applicant shall:
(1) 
Execute an indemnification agreement by which the applicant agrees to defend, indemnify and hold harmless the Borough of Bergenfield against liability for all claims for damage to property, or injury to or death or persons, arising out of or resulting from the issuance of the permit or the control maintenance, ownership or use of each public telephone, including the applicant's public telephone and equipment.
(2) 
File with the Administrator of the Borough of Bergenfield a general liability insurance policy of $1,000,000 for bodily injury and $50,000 for property damage naming the Borough of Bergenfield as an additional insured, insuring against injury, loss or damage that may result from placing or maintaining the sidewalk, said policy to name the Borough of Bergenfield and its officers and employees as additional insureds.
Any public telephone installation subject to this chapter shall comply with the following standards:
A. 
No booth surrounding a public telephone shall exceed eight feet in height, four feet in width or four feet in thickness.
B. 
Each public 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 mechanism shall be maintained in proper working order.
C. 
Each public telephone shall have affixed to it, in a place visible to everyone using the telephone, the name and address of the distributor and the telephone number of a working telephone service to report a malfunction, secure a refund, or give the notices provided for in this chapter.
D. 
Public telephones shall be maintained in a neat and clean condition and in good repair at all times. Public telephones shall be serviced and maintained according to standards, including but not limited to the following:
(1) 
Public telephone shall be reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;
(2) 
Public telephone shall be reasonably free of rust and corrosion in the visible metal areas thereon;
(3) 
Any clear plastic or glass parts of public telephones shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes and discoloration;
(4) 
Any paper or cardboard parts or inserts of public telephone shall be reasonably free of tears, peeling or fading;
(5) 
The structural parts of public telephone are not broken or unduly misshapen;
(6) 
The public telephone receiver shall be attached to the telephone.
E. 
Any person who fails to maintain a public telephone in working condition shall be given a ten-day notice to repair the telephone by the Borough of Bergenfield. Failure to timely comply with said notice shall be grounds for revocation of the permit for said telephone.
F. 
Each public telephone shall, upon the written request of the Mayor and Council, be capable of restricted or limited service allowing outgoing calls only, within 10 days of the request.
A. 
All public telephones shall possess "911" emergency number access.
B. 
Public telephones shall permit the following calls to be placed without charge:
(1) 
Calls to the "911" emergency number.
(2) 
Emergency calls placed through operator assistance to the Police and Fire Departments.
C. 
Current public telephone rates for a local coin call shall be posted on the public telephone or on the public telephone booth.
D. 
Toll rate quotations must be available for the operator upon request.
A. 
No public 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; or
(2) 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles; or is intended to be installed in such a fashion so as to permit, intentionally or otherwise, its use by occupants of vehicles parked or stopped upon any sidewalk; or
(3) 
Unreasonably interferes with the ingress or egress from any residence or place of business; or
(4) 
Interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
B. 
Public telephones shall be placed or otherwise secured so as to prevent their being blown down onto or around the public street or sidewalk, but shall not be affixed or otherwise secured to any traffic or street signs or signals.
A. 
In addition to any other penalties for violation of this chapter, the Construction Official may, after notice and hearing, and for just cause, suspend, revoke or not renew any permit issued hereunder for:
(1) 
Any violation of the provisions of this chapter;
(2) 
Failure to comply with any federal or state laws and/or regulations or any Borough ordinance pertaining to the operation of public telephones;
(3) 
Any cause which would have been cause for rejection of the application in the first instance;
(4) 
A material and knowing misstatement or omission of information required on the application pursuant to this chapter. The question of whether a misstatement or omission is material and knowing shall be a question of fact for the fact finder;
(5) 
A finding upon receipt of a complaint by any citizen or upon request of the Administrator of the Borough of Bergenfield, or his designee, that the location and/or use of a public telephone constitutes a threat to the health, safety and welfare of the citizens of this Borough.
B. 
Any hearing authorized under this chapter shall be conducted before the Construction Official, or a designee, and shall require written notice to the permittee, which notice shall be given not less than 10 days prior to the date scheduled for said hearing. If the Construction Official finds the permittee in violation of any provisions of this section, the Construction Official may also require that service from said public telephone be restricted to outgoing calls only.
A. 
The owners of existing public telephones shall apply for the permit acquired hereunder within 30 days from the date this chapter becomes final. The Borough of Bergenfield reserves the right to reject any and all locations submitted for approval based upon their existing nonconformance to this chapter.
B. 
If a permit is not obtained within the time specified herein, or if the Construction Official rejects any application for a permit, the owner shall forthwith remove said public telephone and all ancillary equipment. If the owner fails or refuses to remove said public telephone within 10 days from notification by the Construction Official or a designee, the Borough may cause the public telephone to be removed. Public telephone equipment removed by the Borough shall be released to the lawful owner thereof upon payment of a fee of $250 to the Borough of Bergenfield.
C. 
If no person makes a claim for return of a public telephone and/or ancillary equipment removed by the Borough under this section within six months from the date of removal, it may be disposed of pursuant to N.J.S.A. 40A:14-157.
Any violation of this chapter shall subject the violator to a fine or not less than $100 and no more than $1,000 and or imprisonment of up to 90 days. Each noncomplying public telephone violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.