[Adopted 6-19-1995 by Ord. No. O-39-95]
The City Council hereby finds and declares that:
A. Under state and local laws, sidewalks or any portion
of the streets of the city dedicated and devoted to public use as a sidewalk
are regulated for use by pedestrians; and
B. Any commercial use of the sidewalks must be approved
by the city; and
C. Privately owned telephones have recently begun to appear
in public areas and sidewalks without franchises; and
D. The city wishes to make explicit the need for a franchise
and considers it necessary to establish uniform regulations applicable to
all such telephones.
As used in this article, the following terms shall have the meanings
indicated:
DISTRIBUTOR
Any person responsible for placing and maintaining a pay telephone
in a public way hereinafter defined.
PERSON
An individual, business, firm, corporation, association, partnership
or other organization or group of persons.
PUBLIC AND PARKING AREAS
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys, sidewalks,
and parking lots.
SIDEWALK
Any surface provided for the use of pedestrians.
This article shall apply to all existing telephones located on or above
public sidewalks. Owners or lessees of such telephones shall have a period
of 180 days to obtain the permits required by this article.
Any violation of this article shall subject the violator to a fine of
$100. Each noncomplying pay telephone violation will constitute a separate
violation. Each day of said violation shall constitute a separate violation.