[HISTORY: Adopted by the Mayor and Council of the Borough of Westwood 6-23-1998 by Ord. No. 98-8. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 330.
No person may place or maintain any outdoor telephone on or above any public street or sidewalk without having first obtained a permit as provided in this chapter. Permits shall be issued by the Clerk's office subject to the approval of the location and means of installation of the telephone by the Borough Engineer of the Borough of Westwood. Before installation, an application and a scaled plan or sketch of the telephone and proposed location shall be furnished in sufficient detail to describe the size, location, equipment and means of installation and cabling.
The initial fee for a permit, including the cost of the initial inspection, shall be $250 for each telephone. The annual renewal fee shall be $150 for each telephone.
The Borough of Westwood shall be informed, by application or amended application, of the intent of any person to remove or relocate a telephone covered by this chapter.
The Borough of Westwood may require the removal of an existing outdoor public telephone if the public telephone has demonstrated a propensity to create or contribute to illegal or illicit activities or to cause a congregation of persons at said location.
The fees set forth herein shall not apply to any telephone installations subject to an agreement with the Borough of Westwood providing for the payment of an annual commission to the Borough of Westwood.
Any telephone installation subject to this chapter shall comply with the following standards:
No booth shall be permitted surrounding a telephone. No freestanding phone shall be installed, except within one foot of a building, if said phone would be within 10 feet of the nearest curb.
Each 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 good working order.
Each telephone shall have affixed to it, in a place visible to everyone using the telephone, the name and address of the licensee and carrier 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.
Telephones shall be maintained in a neat and clean condition and in good repair at all times. Without limiting the generality of the foregoing, a telephone shall be serviced and maintained so that:
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.
Any clear plastic or glass parts are unbroken and reasonably free of cracks, dents, graffiti, blemishes and discolorations.
Any paper or cardboard parts or inserts are reasonably free of tears, peeling or fading.
The structural parts thereof are not broken or unduly misshapen.
The telephone receiver is attached to the telephone.
There shall be no advertising on any phone.
Any person who fails to maintain a telephone in working condition may be given a ten-day notice by the Borough of Westwood to repair the telephone. Thereafter, the Borough may remove the phone at the operator's or property owner's expense.
Each telephone shall be restricted to outgoing calls only.
No telephone shall be installed in a residential zone.
No telephone shall be permitted to rest upon, in or over any public street or sidewalk when such installation, use or maintenance:
Endangers the safety of persons or property;
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicles;
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 mailboxes permitted at or near said location.
Telephones shall be placed or otherwise secured so as to prevent their being blown down 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.
No more than one telephone shall be placed within any 50 feet of road frontage.
Current telephone rates for a local coin call shall be posted on the telephone or on the telephone booth, if applicable.
Toll rate quotations must be available from the operator upon request.
The owners of existing public telephones shall apply for the permit required hereunder within 30 days from the date this chapter becomes final. The Borough of Westwood reserves the right to reject any and all locations submitted for approval based upon their existing conformance to this chapter. Any unlicensed phone may be removed by the Borough without notice.
This chapter shall be enforced by the Police Department. It shall be the responsibility of the Clerk's office to cause such inspections as may be needed by appropriate agencies to administer and enforce this chapter.
Any violation of this chapter shall subject the violator to a fine of not less than $100 and no more than $500. Each noncomplying pay telephone violation will constitute a separate violation. Each day of said violation shall constitute a separate violation.