[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 11-19-1997 by L.L. No. 9-1997.
Amendments noted where applicable.]
The Board of Trustees hereby determines that it will further the health,
welfare and safety of the village and its residents to regulate the installation
and maintenance of public telephones at certain places within the village.
Such purposes shall be served by deterring loitering, monitoring sites which
lend themselves to the potential for loud and boisterous behavior by congregating
persons, avoiding the proliferation of public telephones in certain areas
of the village, and by minimizing potential traffic hazards.
As used in this chapter, the following terms shall have the meanings
indicated:
Attached to the exterior wall of a building; or
Located outside of a building on private property which adjoins a public
sidewalk or public road; or
Located in an exterior hallway or lobby of a building which is separated
by doors or other architectural device from the main portion of said building,
and which is visible from a public sidewalk or road.
Any telephone available for use by the public which provides access
to local or long-distance telephone communication lines, regardless of whether
such telephone is attached to a freestanding base or pole, is enclosed in
a booth or is attached to a wall or other structure, and regardless of whether
the use of such telephone is paid for by cash, credit card, phone card or
by some other means.
A.
No public telephone to which this chapter applies, as specified in Subsection B, shall be installed, kept, maintained or operated within the village unless the Board of Trustees shall first have issued a special permit for such public telephone. In determining whether to grant such a permit, the Board will evaluate all relevant factors, including the potential for loitering at a particular site; the potential for loud noise or boisterous conduct at such site; the impact on traffic and parking that would result from installing a public telephone at such site; and the number of public telephones already installed in the vicinity of such site. The Board may impose any conditions reasonably necessary to protect the public health, safety and welfare in connection with the issuance of said permit.
B.
As limited by Subsection C, this chapter shall apply to any public telephone:
(1)
Which is located at the exterior of a building; or
(2)
Which is advertised for use by the public by means of
a sign visible from a public sidewalk or road; or
(3)
Which is located in an area of the public regularly accessible
to the public, such as the parking lot of a shopping center or a building
plaza.
C.
This chapter shall apply only to public telephones installed
after the date this chapter becomes effective unless, after notice and a hearing,
this Board determines that a public telephone installed prior to said date
would undermine the public health, safety and welfare.
Any person who violates a provision of this chapter shall be liable
to pay a penalty not to exceed $250 or be imprisoned for a period not to exceed
15 days, or both, for each such violation. Any phone installed without the
special permit required by this chapter shall be subject to a separate such
penalty for each day that it fails to comply with this requirement.
