[Added 3-4-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law provided that it take effect 5-1-1997.
As used in this local law, the following terms shall have the meanings indicated:
DISTRIBUTOR
Any person responsible for placing and maintaining a pay telephone in a public right-of-way.
PAY TELEPHONE
Any self-service currency- or credit-operated telephone, including customer-owned or customer-leased telephones and including any telephone owned by the local exchange company or any other person, which is held out for use by the general public upon payment of a fee or charge by currency or credit.
PERSON
Any individual, business, firm, corporation, association, partnership or other organization or group of persons.
PUBLIC RIGHT-OF-WAY
Any area dedicated to public use for the purpose of travel or passage and including streets, sidewalks, curbs, gutters, planting strips, alleys and roadways.
No person shall place or maintain any outdoor pay telephone on or above any public right-of-way or in any place requiring the user to stand in or otherwise occupy any public right-of-way in the Incorporated Village of Floral Park without first having obtained a permit as provided in this local law. Permits shall be issued subject to the approval of the location and means of installation by the Building Department.
A. 
Application for a permit for each pay telephone shall be made in writing to the Village Clerk upon such form as may be established for such purpose and shall contain the name and address of the applicant, the specific location of the proposed telephone or telephones and a schematic drawn to scale showing the proposed location of the pay telephone and all public rights-of-way and driveways within a twenty-five-foot radius of the proposed location together with a plan showing in sufficient detail the size, equipment and means of installation and cabling. The schematic and plan may be combined in one document so long as all information required is contained on the one document submitted.
B. 
Upon receipt, the Village Clerk shall forward the application and supporting schematic and/or plan to the Building Department which shall review the application to ensure that the proposed location will not inhibit traffic or create a hazard to the public and otherwise complies with the standards in §§ 81-57 and 81-58.
C. 
Each application must be accompanied by a permit fee of $25 per pay telephone covered by such application.
D. 
The term of a permit shall be one year to commence on January 1 and to expire on December 31 of each year except for the year of enactment when the permit shall be for six months commencing on July 1 and expiring on December 31. Application fees shall be provided for such six-month period.
E. 
A renewal application shall be filed no later than 60 days prior to the expiration date of the permit and must be accompanied by a fee of $15 for each pay telephone covered thereby if no change is to be made in the location of said pay telephone or $25 per pay telephone for which a change of location is requested.
F. 
Each applicant shall file with the application for a permit or for the renewal thereof a certificate of public liability insurance written on an occurrence basis listing the Incorporated Village of Floral Park as a named insured with limits of not less than $1,000,000 per accident and $2,000,000 aggregate and property damage insurance with limits of not less than $100,000 per accident and $300,000 in the aggregate. Said certificates of insurance must be written by an insurer licensed to do business in the State of New York.
G. 
The Village Clerk shall be informed of the intent of any person to remove or relocate a pay telephone.
H. 
Before receiving a permit, an applicant shall execute an indemnification agreement wherein the applicant and any other person on whose behalf the application is made agree to defend, indemnify and hold harmless the Village of Floral Park against liability for all claims for damage to property or injury to or death caused by the issuance of the permit or the control, maintenance or ownership or use of each pay telephone.
A. 
Pay 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.
(3) 
Calls placed through operator assistance to the Police and Fire Departments by anyone identified as a member of either Department.
B. 
Current telephone rates shall be posted on the pay telephone.
C. 
The identity of the inter-exchange company carrying calls from the pay telephone and instructions for obtaining access to other inter-exchange companies shall be posted on the pay telephone.
D. 
The permit number shall be posted on the pay telephone.
Pay telephones shall comply with the following standards:
A. 
No enclosed booth shall surround a pay telephone.
B. 
Each pay telephone shall be equipped with a coin-return mechanism to permit a person using the telephone to secure an immediate refund if a call cannot be placed. The coin-return mechanism shall be maintained in good working order.
C. 
Each pay 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 local law.
D. 
Pay 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 pay telephone.
E. 
Any owner or permittee who fails to maintain its pay 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 Clerk may revoke the permit unless the permittee provides assurance that the telephone shall be repaired or removed.
F. 
Each pay telephone shall provide local directory or information assistance without charge, provided that the distributor is not charged for such call by the local telephone company.
G. 
Each pay telephone shall be restricted to outgoing calls only.
A. 
No pay 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 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. 
Pay 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.
C. 
No pay telephones shall be placed, installed, used or maintained:
(1) 
Within any marked crosswalk.
(2) 
Within three feet of a curb return of any unmarked crosswalk.
(3) 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(4) 
Within five feet of any driveway.
(5) 
Within three feet of any public area improved with a lawn, flowers, shrubs, trees or other landscaping.
(6) 
At any location where the clear space for the passageway of pedestrians is reduced to less than six feet.
(7) 
Within three feet of any building unless written permission is secured from the property owner and filed with the application.
(8) 
Within 10 feet of any entrance to a residence, store or public building.
A. 
A licensee granted a permit to install or operate a pay telephone after the date this local law becomes effective shall pay to the Village, for the continued privilege and use of the streets, rights-of-way, easements, public ways and other facilities of the Village, in the operation of pay telephones and for supervision thereof by the Village during the term of the permit, a sum based upon the monthly gross usage of the pay telephone as follows:
(1) 
One hundred fifty dollars or less: no fee due.
(2) 
One hundred fifty dollars to $500: 7% of the monthly usage.
(3) 
Over $500: 9% of the monthly usage.
B. 
A pay telephone licensee shall file with the Village Clerk within 45 days after the expiration of each month, a detailed financial and revenue statement clearly showing the gross monthly usage of each pay telephone during the preceding month and certified by a certified public accountant or officer of a pay telephone licensee attesting to the accuracy, completeness and veracity of the usage figures. Such statement shall be in the form and format approved by the Village-Treasurer.
C. 
Payment of the monthly commission shall be rendered to the Village at the time the financial statement is filed.
D. 
In the event that payment is not made within 30 days after the date specified in this section, then such pay telephone licensee may be declared in violation of this local law and the license granted hereunder may be revoked, terminated or canceled in the manner prescribed by this local law. No pro-rata refund shall be due the licensee upon revocation, termination or cancellation.
E. 
The Village reserves the right of audit and recomputation of any and all amounts paid as commissions.
F. 
No acceptance of payment shall be construed as a release of or an accord or satisfaction of any claim that the Village might have for further or additional sums payable under the terms of this local law or for any other performance or obligation of a pay telephone license.
G. 
Payments of compensation made by a pay telephone licensee to the Village of Floral Park, pursuant to the provisions of this local law, shall be considered in addition to and exclusive of any and all authorized taxes, business license fees, other fees, other levies or assessments presently in effect or subsequently adopted.
H. 
In the event that an operator wishes to place more than one pay telephone in a given location, in addition to the plan or schematic as required, he shall submit economic or demographic data to support the need for the number of pay telephones proposed. The Village Clerk shall review this data and, after consultation with the Police Department, shall have the discretion to allow more than one pay telephone to be placed or maintained in the proposed location.
Upon receipt of a complaint by a citizen, a representative of the Police Department or the Superintendent of Buildings that the provisions of this local law are not being complied with or that the location and use of a pay telephone interferes with the health and welfare of the public, the Village Clerk shall conduct a hearing, after providing notices of the same to all affected parties, to ascertain if the provisions of this local law have been violated or if the use of the pay telephone endangers the health and welfare of the community. If the Village Clerk finds by a preponderance of the evidence presented that the use of the telephone constitutes a violation of the standards and conditions of this local law or constitutes a threat to the health and welfare of the public, the Village Clerk shall revoke any permit issued for the placement of such pay telephone.
The distributors of all existing pay telephones shall make application for a permit under the provisions of this local law within 60 days after the effective date of this local law.
Any person violating any provision of this article shall be liable for and forfeit and pay a penalty as provided in § 32-14 of Chapter 32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this article or any provisions thereof shall be and hereby is declared a disorderly person as provided in § 32-1 of Chapter 32 hereof.
If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impugn or invalidate the remainder thereof, but shall be confined in operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.