[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 1998-32 (Sec. 4-13 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
As used in this chapter, the terms below shall have the following
meanings:
The Borough of Red Bank.
Activity which is prescribed by Title 2C of the New Jersey
Statutes or any Borough ordinance or any federal law or regulation.
A presumption of illegal or illicit activity will be created if on
at least four occasions within any thirty-day period the police have
responded to the location of a telephone due to allegations of criminal
activity in connection with the telephone.
Any person responsible for placing and/or maintaining a telephone
in a public way, and receiving a permit therefor.
An individual, business, firm, corporation, association,
partnership or other organization, group or entity.
Any surface provided for the use of pedestrians.
All that area dedicated to public use for public street purposes
and shall include but not be limited to roadways, parkways, alleys,
sidewalks and air space above such surfaces.
Any self-service, credit card or coin-operated telephone,
banks of such telephones placed adjacent to each other, and booths
encompassing same, located in or over a public sidewalk or street.
A.
No person may place or maintain any telephone on or about any street
or sidewalk without having first obtained a license as provided in
this chapter. All telephones on or above any street or sidewalk in
the Borough must be licensed in accordance with this chapter.
B.
Application for licenses shall be made to the Borough Clerk and shall
be accompanied by a nonrefundable application fee.
C.
Also with the application, a plan or sketch of the telephone shall
be furnished to the Borough Clerk in sufficient detail to describe
the size, location, equipment and means of installation and cabling.
No telephone shall be transferred from the location for which the
license is granted except upon a new application for license to operate
the telephone at the other location. Licenses shall be issued subject
to the approval of the location and means of installation of the telephone
by the Construction Official. All applications for license shall also
be reviewed by the Chief of Police, who may make recommendations to
the Construction Official.
D.
A copy of the license number shall be affixed to the telephone in
such a fashion so as to be secure from defacing or damage by the elements.
A.
Fees.
(1)
Initial fee. The initial fee shall be $175 per calendar year or any
part of a calendar year for each unit with a separate telephone number.
(2)
Renewal fee. The renewal fee shall be $100 per year for each unit
with a separate telephone number. Any application for a license renewal
which is not completed within 30 days of the renewal date shall be
subject to an additional late administrative charge of $50.
(3)
Exemption. The license fees set forth herein shall not apply to any
public telephone installation subject to an agreement with the Borough
providing for the payment of any annual commission and/or franchise
tax to the Borough.
B.
Renewal. All licenses shall be renewed annually, with all applications
for renewal to be submitted to the Borough not later than January
15 of each year.
C.
Requirements for license.
(1)
Indemnification. All applicants shall execute an indemnification
agreement as follows:
"The applicant, and any other persons on whose behalf the application
is made, agrees to defend, indemnify and hold harmless the Borough
of Red Bank, its agents, employees and representatives for all claims
for damages to property, or injury to or death of persons arising
out of or relating to the issuance of the license or the control,
maintenance, ownership or use of each telephone."
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(2)
Insurance. All applicants shall file with the Borough Clerk a general
liability insurance policy of $1,000,000 for bodily injury and $50,000
for property damage naming the Borough, its officials, employees and
representatives as additional insureds against any injury, loss or
damage that may result from the placing, operating, maintaining or
use of the telephone or telephone equipment.
A.
In the event the Borough declines to issue a license, the applicant
may request a hearing by filing a notice of appeal for denial of license
in writing to the Borough Administrator within 10 days of notification
of denial by filing such notice with the Borough Clerk.
B.
Every applicant who is denied such license has a right to a hearing
before the Borough Administrator or his designee within 30 days of
the filing of the notice of appeal. At least five working days prior
to the hearing, the applicant shall submit to the Administrator a
written statement setting forth the factual and legal basis for each
contention that is to be considered at the hearing.
A.
Telephones shall be located in or on structures and in the manner
meeting the standards for pay telephones set forth in the State Uniform
Construction Act, N.J.S.A. 52:27D-119 et seq., and any rules or regulations
adopted to implement the provisions of that Act.
B.
All telephones shall comply with the following standards:
(1)
No booth surrounding a telephone shall exceed eight feet in height,
four feet in width or four feet in depth.
(2)
Each telephone shall be equipped with a coin return mechanism to
permit a person using the telephone 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 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;
(b)
It is reasonably free of rust and corrosion;
(c)
It is reasonably free of graffiti;
(d)
Any plastic or glass parts are unbroken and reasonably free
of cracks, dents, graffiti, blemishes and discolorations;
(e)
Any paper or cardboard parts or inserts are reasonably free
of tears, peeling or fading;
(f)
The structural parts thereof are not broken or unduly misshapen;
and
(g)
The telephone receiver is attached to the fixed telephone equipment.
(5)
Any person who fails to maintain a telephone in proper working condition
in accordance with these standards may be given 10 days' notice by
the Borough to repair the telephone. Failure to timely comply with
this notice shall be grounds for revocation of the license for said
telephone, unless the licensee provides adequate assurance that the
telephone shall be repaired or replaced in the immediate future.
(6)
Each telephone shall either contain a telephone book serving Monmouth
County secured to the telephone or provide local directory or information
assistance without charge.
(7)
Each telephone shall, within 10 days of a written request by the
Police Chief to the licensee, be restricted to outgoing calls.
(8)
No telephone shall be removed unless the Clerk has received written
notice of the intent to remove the telephone.
B.
No telephone shall be permitted to rest upon, in or over any public
street or sidewalk when such installation, use or maintenance:
(1)
Will endanger the safety of persons or property;
(2)
Will unreasonably interfere with or impede the flow of pedestrian
or vehicular traffic, including any legally parked or stopped vehicles;
(3)
Will unreasonably interfere with the ingress or egress from any mailbox
or structure;
(4)
Will interfere with the use of traffic signs or signals, hydrants
or mailboxes permitted at or near said location; or
(5)
Will, in the opinion of the Police Department based upon reasonable
grounds, facilitate illegal or illicit activity or unreasonably interfere
with the quiet enjoyment of the area.
C.
Telephones shall be placed, or otherwise secured, so as to prevent
their being struck or knocked down or around the public street or
sidewalk, but telephones shall not be chained or otherwise secured
to any traffic or street signs, signals, hydrants, mailboxes or the
like.
D.
No telephone shall be placed, installed, used or maintained:
(1)
Within any marked crosswalk;
(2)
Within three feet of a curb return of any unmarked crosswalk;
(3)
Within five feet of any fire hydrant, fire call box, police call
box or other emergency facility;
(4)
Within five feet of any driveway;
(5)
Within three feet of any public area improved with a lawn, flowers,
shrubs, trees or other landscaping;
(6)
At any location whereby the clear space for the passageway of pedestrians
is reduced to less than four feet;
(7)
Within three feet of any building unless written permission is secured
from the property owner and filed with the application;
(8)
Within a four-hundred-foot radius from any other telephone in the
Borough.
A.
This chapter shall apply to all existing telephones located on or
above public sidewalks. Owners or lessees of such telephones shall
have a period of 30 days from the date this chapter becomes final
to obtain licenses as required by this chapter. The Borough reserves
the right to reject any and all existing locations submitted for approval
based upon their conformance with the standards of this chapter.
B.
If a license is not obtained within the time specified herein or
if the Borough rejects any application for a license, 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 Borough, the Borough Administrator
or a designee 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 $500 to the Borough.
C.
If no person makes a claim for return of a public telephone and/or
ancillary equipment removed by the Borough under this chapter within
six months from the date of removal, it may be disposed of by the
Borough pursuant to law including N.J.S.A. 40A:14-157.
A.
In addition to any other penalties for violation of this chapter,
the Borough Administrator or his designee may, after notice and hearing
and for just cause, suspend, revoke or not renew any license 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 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 Chief of Police of the Borough of Red Bank 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 the Borough.
B.
Any hearing authorized under this chapter shall be conducted before
the Borough Administrator or a designee and shall require written
notice to the licensee, which notice shall be given not less than
10 days prior to the date scheduled for said hearing.
Any violation of this chapter shall subject the violator to
a fine of not less than $100 nor more than $1,000 and/or imprisonment
of up to 90 days and/or community or public service of up to 90 days.
Each noncomplying telephone violation shall constitute a separate
violation. Each day of said violation shall constitute a separate
violation.