Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 5-26-1993 by Ord. No. 34-1993. Amendments noted where applicable.]

§ 234-1 Permit required; fee; revocation; indemnification.

A. 
No person may erect, install or maintain any outdoor public telephone on or above any public street or sidewalk without having first obtained a permit as provided in this chapter. Permits shall be issued subject to the approval of the location and means of installation of any outdoor public telephone by the Mayor or his designee and the consent of the abutting landowner. Prior to installation, a plan or sketch of any outdoor public telephone shall be furnished in sufficient detail to describe the size, location, equipment and means of installation and cabling.
[Amended 2-5-1997 by Ord. No. 6-1997]
B. 
The initial fee for a permit shall be $100 for each outdoor public telephone. The annual renewal fee shall be $25 for each outdoor public telephone.
C. 
The City of Atlantic City shall be notified of the intent of any person to remove an outdoor public telephone.
D. 
The City of Atlantic City may reject any application for a permit, revoke a permit or require the removal of an existing outdoor public telephone if an outdoor public telephone creates or contributes to illegal activities or constitutes a nuisance in a residential neighborhood.
E. 
The permit fees set forth herein shall not apply to any outdoor public telephone installation subject to an agreement with the City of Atlantic City providing for the payment of any annual commission to the City of Atlantic City, except that such outdoor public telephone installations shall be subject to the following:
[Amended 2-5-1997 by Ord. No. 6-1997]
(1) 
Approval of the location of each outdoor public telephone by the Police and Transportation Committee.
(2) 
The consent of the abutting owner.
(3) 
The agreement of the applicant that the outdoor telephone shall be removed, at the applicant's expense, within 15 days of receipt of notice from the City of Atlantic City requesting removal of the telephone.
F. 
Before receiving a permit, an applicant shall execute an indemnification agreement by which the applicant agrees to defend, indemnify and hold harmless the City of Atlantic 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, ownership or use of each public telephone.

§ 234-2 Standards for installation and maintenance.

A. 
Any outdoor public telephone installation subject to this chapter shall comply with the following standards:
(1) 
No booth surrounding a public telephone shall exceed eight feet in height, four feet in width or four feet in thickness.
(2) 
Each outdoor public 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 proper working order.
(3) 
Each public 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 chapter.
(4) 
Telephones shall be maintained in a neat and clean condition and in good repair at all times. A telephone shall be serviced and maintained according to standards, including but not limited to the following:
(a) 
Outdoor public telephones shall be reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
(b) 
Outdoor public telephones shall be reasonably free of rust and corrosion in the visible metal areas thereon.
(c) 
Any clear plastic or glass parts of an outdoor public telephone shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes and discoloration.
(d) 
Any paper or cardboard parts or inserts of an outdoor public telephone shall be reasonably free of tears, peeling or fading.
(e) 
The structural parts of an outdoor public telephone shall not be broken or unduly misshapen.
(f) 
The outdoor public telephone receiver shall be properly attached to the telephone.
(5) 
Any person who fails to maintain an outdoor public telephone in working condition shall be given a ten-day notice to repair the telephone by the City of Atlantic City. In the event that an outdoor public telephone is not properly maintained or repaired, the applicant agrees that the City of Atlantic City may cause the telephone to be removed and charge the cost of such removal, the storage thereof and the cost of restoring the premises against the permit holder.
[Amended 2-5-1997 by Ord. No. 6-1997]
(6) 
Each outdoor public telephone shall, except upon the written request of the Chief of Police, be restricted to limited service allowing outgoing calls only.

§ 234-3 Information and emergency requirements.

A. 
All outdoor public telephones shall possess 911 emergency number access.
B. 
Outdoor public 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.
C. 
Current public telephone rates for a local coin call shall be posted on the outdoor public telephone.
D. 
Toll rate quotations must be available from the operator upon request.

§ 234-4 Location and placement of public telephones.

A. 
No outdoor public telephone shall be permitted to rest upon, in or over any public street, sidewalk, boardwalk or right-of-way 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. 
Outdoor public telephones shall be placed or otherwise secured so as to prevent their being blown down onto 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.

§ 234-5 Revocation.

A. 
Any permit issued pursuant to this chapter may be revoked by the City of Atlantic City if:
[Amended 2-5-1997 by Ord. No. 6-1997]
(1) 
It is determined by the City that the outdoor telephone constitutes a threat to the health, safety and welfare of the community.
(2) 
The permit holder violates any of the requirements of this chapter.
(3) 
The continued maintenance of the telephone at its location is found by the City to constitute an undue obstruction to passage or a hazard to pedestrian or other traffic.
(4) 
Continued maintenance of the telephone is otherwise contrary to the public interest.
B. 
A "threat to the health, safety and welfare of the community" shall be defined to include, without limitation, those conditions which:
(1) 
Endanger the safety of persons or property;
(2) 
Unreasonably interfere with or impede the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
(3) 
Unreasonably interfere with ingress or egress from any residence or place of business; or
(4) 
Interfere with the use of traffic signs or signals, hydrants or mailboxes permitted at or near the licensed phone location.

§ 234-6 Removal of telephones.

[Added 2-5-1997 by Ord. No. 6-1997[1]]
Any person who erects, maintains or installs any outdoor public telephone on or above any public street or sidewalk shall remove the telephone and restore the premises to its original condition immediately upon notice that the permit has been revoked or upon expiration of the permit without renewal. If any person fails to remove such telephone, then the City, after giving 15 days' written notice to the address of the permit holder as it appears on the permit application form, may cause the booth to be removed and charge the cost of such removal, the storage thereof and the cost of restoring the premises against the permit holder. The permit holder may recover the telephone upon payment of all such costs; but failure to do so within 60 days after such removal will cause title to the telephone to vest in the City, and the permit holder's rights therein shall be forfeited without prejudice to the right of the City to recover the difference between the salvage value of the telephone and the costs incurred in its removal, storage and subsequent sale, if any.
[1]
Editor's Note: This ordinance also renumbered former §§ 234-6 and 234-7 as §§ 234-7 and 234-8, respectively.

§ 234-7 Applicability to existing pay telephones.

The owners of existing outdoor public telephones shall apply for the permit acquired hereunder within 30 days from the date this chapter becomes final. The City of Atlantic City reserves the right to reject any and all locations submitted for approval based upon their existing conformance to this chapter.

§ 234-8 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
Any violation of this chapter shall subject the violator to a fine of not less than $100 and no more than $2,000. Each noncomplying public telephone violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.