City of Rahway, NJ Pay Telephones

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

Any commercial use of the sidewalks must be approved by the city; and

Privately owned telephones have recently begun to appear in public areas and sidewalks without franchises; and

The city wishes to make explicit the need for a franchise and considers it necessary to establish uniform regulations applicable to all such telephones.

§ 303-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CITY

The City of Rahway.

DISTRIBUTOR

Any person responsible for placing and maintaining a pay telephone in a public way hereinafter defined.

PAY TELEPHONE

Any self-service or coin-operated telephone.

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.

§ 303-3 Permit required; fee; indemnity and insurance; administration in Special Improvement District.

No person may place or maintain any telephone on or above any public area, street or sidewalk without having first obtained a permit as provided in this article. Permits shall be issued by the City Clerk subject to approval of the location and means of installation of the telephone by the City Engineer. The permit required by this article shall be in addition to any permit required pursuant to the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.

Before installation, a plan or sketch of the telephone shall be furnished to the City Clerk in sufficient detail to describe the size, location, equipment and means of installation and cabling. The City Clerk shall be notified before the removal of any telephone. A copy of the permit or the permit number shall be affixed to the telephone and/or shall be maintained at the office of the distributor.

[Amended 4-12-1999 by Ord. No. O-12-99]

The initial fee for a permit shall be $25 per year or any part of a year, and the fee for a renewal permit shall be $10 per year; provided, however, that no fee shall be charged for telephones furnished by the city as an accommodation to the public or for permits issued to any person or entity which pays a franchise fee or tax for the use of public facilities. Such person or entity shall not, however, be exempt from the regulatory provisions of this article. Permits shall be renewable annually on January 1.

The city shall be informed of the intent of any person to remove or relocate a telephone.

Before receiving a permit, an applicant shall:

(1)

Execute an indemnification agreement substantially as follows: The applicant and any other person on whose behalf the application is made agree to defend, indemnify and hold harmless the city 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.

(2)

File with the city's Risk Manager a general liability insurance policy of $500,000 for bodily injury and $50,000 for property damage naming the city as additionally insured against any injury, loss or damage that may result from placing or maintaining the telephone or telephone equipment on or above the sidewalk or other public areas.

Within the City of Rahway's designated Special Improvement District, the designated Downtown Management Corporation may be empowered to administer the terms of this article by a duly adopted resolution of the Municipal Council, subject to final permit approval still being required as described in § 303-3A.

[Added 4-12-1999 by Ord. No. O-12-99]

§ 303-4 Toll-free emergency calls; rates to be posted.

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 indemnified as a member of either Department.

Current telephone rates shall be posted on the telephone or on the telephone booth if applicable.

§ 303-5 Standards for maintenance and installation.

Telephones shall comply with the following standards:

(1)

No booth surrounding a telephone shall exceed eight feet in height, four feet in width or four feet in thickness.

(2)

Each 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 good working order.

(3)

Each 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 article. These notices shall be displayed in both English and Spanish.

(4)

Each telephone shall be well lit to illuminate and provide security. The lighting provided shall have shatterproof coverings.

(5)

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 serviced and maintained so that:

(a)

It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;

(b)

It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon;

(c)

Any clear plastic or glass parts are unbroken and reasonably free of cracks, dents, graffiti, blemishes and discolorations;

(d)

Any paper or cardboard parts or inserts are reasonably free of tears, peeling or fading;

(e)

The structural parts thereof are not broken or unduly misshapen;

(f)

The telephone receiver is attached to the telephone.

(6)

All telephone components shall be made of graffiti-resistant material, where feasible. When this is not feasible, components shall be treated with graffiti-resistant coating.

(7)

Notice to repair telephones; revocation of permit; removal of telephones.

[Amended 4-12-1999 by Ord. No. O-12-99]

(a)

Any person who fails to maintain a telephone in working condition may be given a ten-day notice to repair the telephones by the city. If the telephone is not in working condition at the end of the ten-day period, the city may revoke the permit unless the distributor provides reasonable assurance to the satisfaction of the city, in its sole discretion, that the telephone shall be repaired or removed.

(b)

Upon revocation of the permit, the distributor shall be notified, in writing, of the revocation of the permit. The distributor shall have 30 days to remove a pay telephone which has had its permit revoked. If, at the end of the thirty-day period, the pay telephone has not been removed, the City of Rahway or its designated agent shall be empowered and have the right to remove the pay telephone at the distributor's cost and expense.

(c)

Any nonoperating pay telephone which fails to meet the requirements of Subsection A(5) may be removed immediately by the City of Rahway or its designated agent at the cost and expense of the distributor.

(8)

Each telephone shall either contain a telephone book serving Union County secured to the telephone or provide local directory or information assistance without charge.

(9)

Each telephone shall, upon the written request of the Police Chief, be capable of being restricted to outgoing calls only within 10 days of the request.

Any existing pay telephone found not to be in compliance with the terms of this article of Chapter 303 of the Code of the City of Rahway shall have 30 days from the mailing of written notice to the distributor to remedy the situation and be brought into compliance. Any pay telephone found not to be in compliance after said 30 days' notice at appropriate notification to the distributor may be removed by the City of Rahway with all costs and expenses of same being charged to and the responsibility of the distributor.

[Added 4-12-1999 by Ord. No. O-12-99]

Within the City of Rahway's designated Special Improvement District, pay telephones shall be installed in booths which shall be consistent with approved design standards for the Special Improvement District. Failure to install a pay telephone within such an approved booth shall be cause for immediate removal at the cost and expense of the distributor. Pay telephones which are currently not in conformance with the provisions of this Subsection C shall have a one-year period from the effective date of this subsection to be brought into compliance with this provision or they may be removed by the City of Rahway at the cost and expense of the distributor.

[Added 4-12-1999 by Ord. No. O-12-99]

§ 303-6 Location and placement of telephone.

No 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

(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 the location.

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.

No telephones shall be placed, installed, used or maintained:

(1)

Within any marked crosswalks;

(2)

Within three feet of a curb return of any unmarked crosswalks;

(3)

Within five 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 whereby the clear space for the passageway of pedestrians is reduced to less than four feet;

(7)

Within three feet of any building unless written permission is secured from the property and filed with the application.

A maximum of two pay telephones may be placed side by side at any one location. The City of Rahway may deny any permit for a pay telephone which is within 200 feet of another pay telephone unless the person applying for the permit or the distributor can prove to the satisfaction of the City of Rahway, in its sole discretion, that there is a demand or public need for a pay telephone closer than 200 feet.

[Added 4-12-1999 by Ord. No. O-12-99]

§ 303-7 Application of article to existing pay telephones.

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.

§ 303-8 Violations and penalties.

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.