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