[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 11-3-1997 by L.L. No. 9-1997. Amendments noted where
applicable.]
The provisions of this article shall be referred to as the Public
Pay Telephone Law.
As used in this chapter, the following terms shall have the
meanings indicated:
An owner requesting a permit.
A natural person or business entity which owns, leases or
is otherwise responsible for the installation, operation and maintenance
of a public pay telephone.
An authorization issued by the Village Clerk to install,
operate and maintain one or more public pay telephones at a location
on, over or under a street, sidewalk or other property of the village.
Such use of a public pay telephone which is in violation
of any provision of this chapter or such other use which provides
reasonable cause to believe that it is in furtherance of unlawful
activity.
A telephone and associated equipment, from which calls can
be paid for at the time they are made by a coin, credit card, prepaid
debit card or in any other manner, which is available for use by the
public. The term "public pay telephone" shall include any pedestal
or telephone bank supporting one or more such telephones, associated
enclosures, signing or other associated equipment.
The Village Clerk or such other designee in the office of
the Village Clerk as appointed by the Board of Trustees.
No public pay telephone shall be installed, operated or maintained
on, over or under any street, sidewalk or other property of the village
without a permit therefor and unless such installation, operation
and maintenance is in accordance with the provisions of this chapter.
A.
No permit may be issued unless an applicant files an application therefor with the Village Clerk, together with an application fee. An application shall be in writing and shall set forth such information as required by Subsection B of this section and as further required by the Village Clerk.
B.
The application for a permit shall state or include:
(1)
The name and business address of the applicant.
(2)
The make, model and model year of the proposed public pay telephone.
(3)
The proposed location of the telephone.
(4)
A diagram depicting the details and specifications of the mounting
and display of the telephone. The diagram must depict how applicant
will display its name, address and phone number and its long distance
carrier.
(5)
A schedule of the telephone use charges.
(6)
Copies of the written approvals of the applicant's business
by the Public Service Commission.
(7)
A statement setting forth the length of time the charges specified in Subsection B(4) will remain in effect.
(8)
A listing of the phone credit cards which will be accepted by the
applicant.
(9)
A statement setting forth the commissions payable to the village.
(10)
Whether collect or person-to-person calls will be serviced and
whether information regarding telephone number listings will be provided.
(11)
The name, address and phone number of the long distance carrier
providing service to the applicant's customers.
(12)
Whether the applicant will agree to conform the subject public
pay phone to the standards of the Americans With Disabilities Act,
if requested.
(13)
Whether the applicant will provide incoming-call service.
(14)
Whether the applicant will block incoming-call service on the
subject phone if required as a condition of the permit.
(15)
Whether the applicant's service provides "1-800" capability.
(16)
Whether the applicant's service provides digit-, star-
and pound-key intracall conversion capability.
C.
If the installation of a public pay telephone involves the exterior
of a building or is to be located within six feet of the building
line of a building, the application shall include a written consent
of the building owner. If the ground floor occupant of the building
is a lessee, then the written consent of the lessee shall be provided,
which consent shall certify that the building owner has also consented.
D.
No permit shall be issued or renewed where the installation:
(1)
Will unreasonably interfere with the use of a street, sidewalk or
other village property by the public;
(2)
Contributes to a public nuisance;
(3)
Will result in a concentration of public pay telephones in any one
area of the village in excess of the reasonable service needs of the
public; or
(4)
Will be in such location in the village where the Board of Trustees
has determined would be contrary to the public health, safety and
welfare.
E.
No permit will be issued where the Village Board determines that
the applicant will not provide complete telephone services to the
public as deemed appropriate or that the applicant will not accept
payment for use of the telephone in sufficiently varied methods to
meet the convenience needs of the public.
F.
No permit may be issued until the applicant has provided the Village
Clerk with a certificate which certifies that the applicant is insured
for general liability with limits of liability coverage for personal
injury and property damage not less than $1,000,000 and certifying
that the Village of Lynbrook is named as an additional insured under
such insurance policy.
G.
No permit may be issued unless the applicant, by signing the application,
agrees to hold the village harmless and to indemnify it against any
claims or suits arising from its work or its installed equipment.
H.
The permit may contain such other terms and conditions as the Village
Board deems necessary to protect the public safety, health and welfare
and to safeguard the interests of the village.
Permits or renewals of permits for public pay telephones shall
be for terms of five years.
A.
A permit for a public pay telephone shall continue in effect unless
the Board of Trustees, after giving the owner notice and an opportunity
to be heard, determines:
(1)
That as a result of changed conditions, the public pay telephone
unreasonably interferes or will unreasonably interfere with the use
of a street, sidewalk or other public area;
(2)
That it constitutes a public nuisance;
(3)
That removal of the public pay telephone is required in connection
with a street-widening or other capital project or for other purposes
as may be specified by the Board of Trustees; or
(4)
That the owner, after notice, has failed to maintain the public pay
telephone in good repair or in good appearance.
B.
Upon making such determination, the Board of Trustees shall order
the removal of the public pay telephone within a reasonable time period.
In the event that the owner fails to remove the public pay telephone
within the time period specified in such order, the Board of Trustees
may remove or cause the removal of the public pay telephone and have
repair and restoration work performed at the expense of the owner,
who shall be liable in an action for the amount expended by the village.
C.
In the event that a public pay telephone is removed in connection
with a street-widening or other capital project or improvement specified
by the Board of Trustees, the owner may apply to the Village Clerk
for permission to reinstall the public pay telephone at another location
or, following the completion of such street-widening, capital project
or other improvement, at or near its original location. Where such
permission is granted, the owner shall not be required to obtain a
new permit for the public pay telephone and the permit previously
issued for such public pay telephone shall continue in effect with
an amendment with reference to the new location.
The owner must maintain each public pay telephone free from
advertising of any kind.
The Board of Trustees shall, by resolution, establish fees for
the issuance and renewal of permits pursuant to this chapter in amounts
sufficient to compensate the village for the administrative expense
of issuing or renewing a permit and the expense of inspections and
other activities related thereto.
No permit issued under this chapter shall be transferred except
as authorized in writing by the Village Clerk.
A.
Any owner who installs, operates or maintains a public pay telephone on, over or under any street, sidewalk or other property of the village without a permit therefor shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not more than $250. Such owner shall, in addition, be liable to the village for penalties pursuant to Subsection C of this section.
B.
An owner who is found by the Board of Trustees to have failed to
provide phone services from a public pay telephone for any unreasonable
period of time or who is found to have failed to provide coinless
twenty-four-hour 911 service from such public pay telephone or whose
telephone installation constitutes a public nuisance shall be in violation
of this chapter and shall be liable for a penalty of not more than
$250 for each violation. In the case of a continuing violation, each
days continuance shall constitute a separate and distinct offense.
C.
An owner is liable to a penalty for a violation of Subsection A in the amount of the expense, if any, incurred by the village in the removal of the public pay telephone and the performance of related repair and restoration work.
D.
The village police shall have the authority to issue summonses and
appearance tickets returnable in the Village Justice Court.
E.
Any public pay telephone removed pursuant to this chapter by the
village which is not claimed by the owner within 30 days of removal
shall be deemed to be abandoned. A public pay telephone shall be released
to the owner upon payment of the costs of removal, repair and restoration
work and of storage and for any fees for administration expense or
expense of additional inspections incurred by the village.
F.
An owner of a public pay telephone for which a permit has not been
issued pursuant to this chapter shall not be deemed in violation where
such telephone was installed prior to the effective date of this chapter
unless and until one of the following has occurred:
(1)
Owner has failed to submit an application for a permit for such public
pay telephone within 60 days of the effective date of this chapter;
or
(2)
The Board of Trustees, for reasons stated, has directed the Village
Clerk not to grant a permit for such public pay telephone and 30 days
have elapsed following notification to the owner of said determination.
Such notification shall be given by the Village Clerk and shall state
the conditions which render the continued maintenance and operation
of such telephone inconsistent with the provisions of this chapter.
Each owner shall pay such commissions on revenues derived from
public pay telephones as shall be agreed upon between owner and the
Board of Trustees by separate agreement.
