[HISTORY: Adopted by the City Council of the City of Pleasantville 5-5-1997 by Ord. No. 17-1997. Amendments noted where applicable.]
Zoning and land use — See Ch. 290.
In all zones of the City of Pleasantville other than residential zones, public telephones are permitted, provided that they are located within the property lines of the principal use and conform to the rules and regulations hereinafter set forth:
No public telephone shall be located in any side yard or rear yard setback area.
No public telephone, even those situate within the lot lines of the principal use, shall be permitted when it unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle, or unreasonably interferes with the ingress or egress from any residence or place of business, or interferes with the use of traffic signs or signals, hydrants or mail boxes permitted at or near said location.
No public telephone shall be placed, installed, used or maintained:
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
Within five feet of any driveway.
Within three feet of any public area improved with a lawn, flowers, shrubs, trees or other landscaping.
At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet.
All public telephones installed in the City of Pleasantville shall be capable of providing outgoing calls only and specifically shall not be capable of receiving incoming telephone calls.
No individual, business, firm, corporation, association, partnership or any other organization, group or entity may place or maintain any outdoor public telephone without having first obtained a permit from the City of Pleasantville. Permits shall be applied for and issued subject to the following:
Application for permit shall be made to the office of the City Clerk, which application will contain the name and address of the owner of the public telephone as well as the name, address and signature of the owner of the property upon which the public telephone is to be located. Such application will contain a plan or sketch of the telephone in sufficient detail to describe the size, location, equipment and means of installation and cabling. If the property is being leased and the tenant is applying for the permit, the owner of the property and the tenant must sign the application.
Each application for a permit shall be accompanied by a one-time fee of $25, which fee is to cover the expense of review and investigation of the permit application and is nonrefundable.
Upon determination that the public telephone for which a permit is sought complies with the terms of this chapter, such permit will be issued to the applicant. A copy of the permit number shall be affixed to the public telephone in such a fashion so as to be secure from defacing or damage by the elements.
The application process as herein described shall be applicable to public telephones maintained on city property pursuant to an agreement for payment of commission; however, no fee shall be required for investigation and review of such application.
The owners of existing public telephones shall apply for the permit required hereunder within 30 days from the date this chapter becomes final. The City of Pleasantville reserves the right to reject any and all locations submitted for approval based upon their nonconformity with this chapter.
If a permit is not obtained for any existing telephone within 30 days from the date this chapter becomes final, or if the application for a permit for an existing telephone is rejected, the owner of the property upon which the public telephone is located shall forthwith remove said public telephone and all ancillary equipment. If the owner fails or refuses to remove said public telephone within 10 days from notification by the City Clerk, the City of Pleasantville may cause the public telephone to be removed. Public telephones that have been removed by the city shall be released to the lawful owner thereof upon payment of a fee of $250 to the City of Pleasantville. If no person makes a claim for return of a public telephone and/or ancillary equipment removed by the city pursuant to this chapter within six months from the date of removal, such public telephone and/or ancillary equipment may be disposed of pursuant to N.J.S.A. 40A:14-157.
No telephone for which a permit is granted pursuant to the provisions of this chapter shall subsequently be removed or relocated without prior notification to the office of the City Clerk. In the case of relocation, a new application and fee will be required, and no such public telephone may be maintained at the new location until a permit therefor is granted pursuant to the provisions of this chapter.
Proximity to existing public telephones, building entrances and other public accommodations.
The potential for a public nuisance or undesirable activity.
The determination to approve a telephone shall include but not limited to the following considerations.
Any person, partnership, firm, association or corporation violating any of the provisions of this chapter or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than than $1,000, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days.