As used in this chapter, the following terms shall have the meanings
indicated:
CHIEF
The Chief of Police of the Town of Federalsburg or his/her designee,
which shall be a law enforcement officer within the Federalsburg Police Department.
OFFICIAL
Such employee of the Town of Federalsburg, as the Mayor and Council
deem shall be responsible for enforcing this chapter.
PUBLIC NUISANCE
The use of a public pay telephone on a regular basis which the Chief
has reasonable cause to believe is or will be, due to prior history, a threat
to public health, safety, and welfare and/or is in furtherance of unlawful
activity.
PUBLIC PAY TELEPHONE
A telephone and associated equipment, from which calls can be paid
for at the time they are made by a coin, calling card, credit card, prepaid
debit card or in any other manner which is available for use by the public.
In addition to any other permits that may be required, no public pay
telephone shall be installed, operated, or maintained on, over or under any
property in the Town of Federalsburg without first obtaining an operation
and maintenance permit therefor. The operation and maintenance permit shall
be effective as of the date the permit is issued by the Official.
[Amended 4-1-2002 by Ord. 02-009]
A one-time fee of $50 pursuant to this chapter shall be charged to compensate
the Town for the administrative expense of issuing or renewing a permit and
the expense of inspections and other activities related thereto. Also pursuant
to this chapter the one-time fee of $50 will be waived for all existing public
pay phones, existing as of October 1, 2002.
No permit issued under this chapter shall be transferred. All new owners
must apply for a new permit at a cost of $50 per telephone.
This chapter shall be applicable to public pay telephones installed
prior to, as well as subsequent to, the date of the adoption of this chapter.
If the Chief or Official deem a site to be a public nuisance or that the use of a public pay telephone at a location unreasonably interferes or will unreasonably interfere with the use of a street or sidewalk or other public right-of-way, and a public pay telephone is removed from said location or a request for a permit at that location has been denied after the effective date of this section, the public pay telephone provider who has entered into a contract with the Town may request a reconsideration of this removal or denial, and a determination as to whether or not the site has been or can be rehabilitated to eliminate such public nuisance or interference by filing a written request with the Town Clerk, and the telephone provider shall provide notice of the request to area property owners in accordance with the requirements set forth in §
211-3. Nothing in this section shall be construed as preventing the Town after the effective date of the enactment of this section from requesting a determination of the rehabilitation of a site. Within 30 days after receipt of this request, the Chief or Official shall reinvestigate the site location and issue a written report. If the Chief or Official determines after such reinvestigation that the site location has been rehabilitated and that a public pay telephone may be returned to, or sited at, such location, the public pay telephone provider shall file a new permit application and fee with the Official. The Chief or Official shall provide a copy of the written report to the telephone provider who requested a reconsideration, and to property owners who are required to receive notice pursuant to §
211-3 by issuing a notice of determination.
Any property owner who is required to receive notice pursuant to §
211-3 above, public pay telephone provider with a current contract with the Town, or other person aggrieved by the imposition of any fine or penalty, or any determination of the Chief or Official made after the effective date of this section, to grant or deny a permit to site a public pay telephone, or grant or deny a request to transfer or renew a permit to or for a public pay telephone provider who has a current contract with the Town, or to remove or not to remove a public pay telephone due to public nuisance may file an appeal and request for a hearing with the Town Clerk within 30 days of the issuance of a notice of denial, removal or determination. The hearing shall be conducted by the Board of Appeals. For the purposes of this chapter, the Board of Appeals shall be the Board of Appeals established in Chapter
245, Zoning. A notice of hearing shall be sent to all interested persons pursuant to §
211-3.