[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
7-13-1993 by Ord. No. 2155. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Borough of Bergenfield.
Activity which is prescribed by Title 2C of N.J.S.A. or any Borough
ordinance or any federal law or regulation.
Any person responsible for placing and maintaining a public telephone
on sidewalk or street as hereinafter defined, and receiving a permit therefor.
An individual, business, firm, corporation, association, partnership
or any other organization, group or entity.
Any self-service, coin-operated or credit-card-operated telephone
or bank of such telephones placed adjacent to each other located in or over
a public sidewalk or street.
That portion of a highway or street intended for the use of pedestrians,
between the curbline or the lateral line of a shoulder, or if none, the lateral
line of the roadway and the adjacent right-of-way line.
The entire width between the boundary lines of every way publicly
maintained when any part thereof is opened to the use of the public for the
purposes of vehicular traffic and shall include, but not be limited to, roadways,
parkways, alleys and highways.
A.
No person may place 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 the telephone by the
Construction Official of the Borough of Bergenfield. Prior to installation,
a plan or sketch of the telephone shall be furnished in sufficient detail
to describe the size, location, equipment and means of installation and cabling.
B.
The initial fee for a permit shall be $100 for each public
telephone. The annual renewal fee shall be $25 for each public telephone.
C.
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.
D.
Permits shall be renewable annually with all applications
for renewal to be submitted to the Borough not later than the 15th day of
January of each year.
E.
The Construction Official shall be notified of the intent
of any person to remove or relocate a public telephone which notification
shall be in writing and shall be given not later than 30 days before the intended
date of removal or relocation of said telephone. No telephone may be removed
or relocated without compliance with the provisions of this chapter.
F.
The Construction Official may reject any application
for a permit, revoke a permit or require the removal of an existing outdoor
public telephone if a public telephone has the potential to or has illustrated
a propensity to create or contribute to illegal or illicit activities. A presumption
of illegal or illicit activity will be created if during the permit year five
incidents of illegal or illicit activities are associated with the location
or the proposed location of the public telephone.
G.
The permit fees set forth herein shall not apply to any
public telephone installation subject to an agreement with the Borough of
Bergenfield providing for the payment of any annual commission to the Borough
of Bergenfield, except that such public telephone installations shall be subject
to the following:
(1)
Approval of the location of each public telephone by
the Construction Official.
(2)
The Borough of Bergenfield may require the removal of
an outdoor telephone, the revocation of a permit or the restriction or limitations
of service permitting outgoing calls only, if a public telephone has the potential
to or has illustrated a propensity to create or contribute to illegal or illicit
activity. A presumption of illegal or illicit activity will be created if
during the permit year five incidents of illegal or illicit activities are
associated with the location or the proposed location of the public telephone.
H.
In the event the Construction Official declines to issue
a permit, the applicant may request a hearing before the Construction Official
or a designee as to said denial. Said request for a hearing must be made in
writing to the Construction Official within 10 days of receipt of notice of
the denial. Before receiving a permit, an applicant shall:
(1)
Execute an indemnification agreement by which the applicant
agrees to defend, indemnify and hold harmless the Borough of Bergenfield against
liability for all claims for damage to property, or injury to or death or
persons, arising out of or resulting from the issuance of the permit or the
control maintenance, ownership or use of each public telephone, including
the applicant's public telephone and equipment.
(2)
File with the Administrator of the Borough of Bergenfield
a general liability insurance policy of $1,000,000 for bodily injury and $50,000
for property damage naming the Borough of Bergenfield as an additional insured,
insuring against injury, loss or damage that may result from placing or maintaining
the sidewalk, said policy to name the Borough of Bergenfield and its officers
and employees as additional insureds.
Any public telephone installation subject to this chapter shall comply
with the following standards:
A.
No booth surrounding a public telephone shall exceed
eight feet in height, four feet in width or four feet in thickness.
B.
Each 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.
C.
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.
D.
Public telephones shall be maintained in a neat and clean
condition and in good repair at all times. Public telephones shall be serviced
and maintained according to standards, including but not limited to the following:
(1)
Public telephone shall be reasonably free of chipped,
faded, peeling and cracked paint in the visible painted areas thereof;
(2)
Public telephone shall be reasonably free of rust and
corrosion in the visible metal areas thereon;
(3)
Any clear plastic or glass parts of public telephones
shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes
and discoloration;
(4)
Any paper or cardboard parts or inserts of public telephone
shall be reasonably free of tears, peeling or fading;
(5)
The structural parts of public telephone are not broken
or unduly misshapen;
(6)
The public telephone receiver shall be attached to the
telephone.
E.
Any person who fails to maintain a public telephone in
working condition shall be given a ten-day notice to repair the telephone
by the Borough of Bergenfield. Failure to timely comply with said notice shall
be grounds for revocation of the permit for said telephone.
F.
Each public telephone shall, upon the written request
of the Mayor and Council, be capable of restricted or limited service allowing
outgoing calls only, within 10 days of the request.
A.
No public telephone shall be permitted to rest upon,
in or over any public street or sidewalk when such installation, use or maintenance:
(1)
Endangers the safety of persons or property; or
(2)
Unreasonably interferes with or impedes the flow of pedestrians
or vehicular traffic, including any legally parked or stopped vehicles; or
is intended to be installed in such a fashion so as to permit, intentionally
or otherwise, its use by occupants of vehicles parked or stopped upon any
sidewalk; or
(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.
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 affixed or otherwise secured to any traffic or
street signs or signals.
A.
In addition to any other penalties for violation of this
chapter, the Construction Official may, after notice and hearing, and for
just cause, suspend, revoke or not renew any permit issued hereunder for:
(1)
Any violation of the provisions of this chapter;
(2)
Failure to comply with any federal or state laws and/or
regulations or any Borough ordinance pertaining to the operation of public
telephones;
(3)
Any cause which would have been cause for rejection of
the application in the first instance;
(4)
A material and knowing misstatement or omission of information
required on the application pursuant to this chapter. The question of whether
a misstatement or omission is material and knowing shall be a question of
fact for the fact finder;
(5)
A finding upon receipt of a complaint by any citizen
or upon request of the Administrator of the Borough of Bergenfield, or his
designee, that the location and/or use of a public telephone constitutes a
threat to the health, safety and welfare of the citizens of this Borough.
B.
Any hearing authorized under this chapter shall be conducted
before the Construction Official, or a designee, and shall require written
notice to the permittee, which notice shall be given not less than 10 days
prior to the date scheduled for said hearing. If the Construction Official
finds the permittee in violation of any provisions of this section, the Construction
Official may also require that service from said public telephone be restricted
to outgoing calls only.
A.
The owners of existing public telephones shall apply
for the permit acquired hereunder within 30 days from the date this chapter
becomes final. The Borough of Bergenfield reserves the right to reject any
and all locations submitted for approval based upon their existing nonconformance
to this chapter.
B.
If a permit is not obtained within the time specified
herein, or if the Construction Official rejects any application for a permit,
the owner 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 Construction Official or a designee, the Borough
may cause the public telephone to be removed. Public telephone equipment removed
by the Borough shall be released to the lawful owner thereof upon payment
of a fee of $250 to the Borough of Bergenfield.
C.
If no person makes a claim for return of a public telephone
and/or ancillary equipment removed by the Borough under this section within
six months from the date of removal, it may be disposed of pursuant to N.J.S.A.
40A:14-157.
Any violation of this chapter shall subject the violator to a fine or
not less than $100 and no more than $1,000 and or imprisonment of up to 90
days. Each noncomplying public telephone violation will constitute a separate
violation. Each day of said violation shall constitute a separate violation.
