[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 6-23-1998 by Ord. No. 98-8. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
A.
Any telephone installation subject to this chapter shall comply with
the following standards:
(1)
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.
(2)
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.
(3)
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.
(4)
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:
(a)
It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof.
(b)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon.
(c)
Any clear plastic or glass parts are unbroken and reasonably
free of cracks, dents, graffiti, blemishes and discolorations.
(d)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading.
(e)
The structural parts thereof are not broken or unduly misshapen.
(f)
The telephone receiver is attached to the telephone.
(g)
There shall be no advertising on any phone.
B.
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.
C.
Each telephone shall be restricted to outgoing calls only.
D.
No telephone shall be installed in a residential zone.
E.
No 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;
(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.
F.
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.
G.
No more than one telephone shall be placed within any 50 feet of
road frontage.
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.
