[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-1993 by Ord. No. 1590 (Ch. 199, Art. I, of the 1989 Code)]
As used in this article, the following terms shall have the meanings indicated:
- The Borough of Hawthorne.
- ILLEGAL OR ILLICIT ACTIVITY
- Any activity which is proscribed by Title 2C of N.J.S.A. (N.J.S.A. 2C:1-1 et seq.) 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.
- PUBLIC TELEPHONE
- Any self-service coin- 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, 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.
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 article. Permits shall be issued subject to the approval of the location and means of installation of the telephone by the Business Administrator. 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.
The initial fee for a permit shall be $50 for each public telephone. The annual renewal fee shall be $25 for each public telephone.
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.
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.
The Borough Administrator 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 article.
The Borough Administrator may reject any application for a permit, revoke a permit or require the removal of an existing outdoor public telephone if it is determined that 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.
The permit fees set forth herein shall not apply to any public telephone installation subject to an agreement with the Borough of Hawthorne providing for the payment of any annual commission and a franchise tax to the Borough of Hawthorne, except that such public telephone installations shall be subject to the following:
Approval of the location of each public telephone by the Borough Administrator.
The Borough of Hawthorne may require any of the following: the removal of an outdoor telephone, the revocation of a permit; the restriction or limitation upon service to permit 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.
In the event the Borough Administrator declines to issue a permit, the applicant may request a hearing before the Borough Administrator designee as to said denial. Said request for a hearing must be made in writing to the Borough Administrator within 10 days of receipt of notice of the denial.
Before receiving a permit, an applicant shall:
Execute an indemnification agreement by which the applicant agrees to defend, indemnify and hold harmless the Borough of Hawthorne against liability for all claims for damage to property, or injury to or death of 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.
File with the Treasurer of the Borough of Hawthorne a general liability insurance policy of $1,000,000 for bodily injury and $50,000 for property damage naming the Borough of Hawthorne as an additional insured, insuring against injury, loss or damage that may result from placing or maintaining the telephone on or above the sidewalk, said policy to name the Borough of Hawthorne and its officer and employees as additional insureds.
Any public telephone installation subject to this article shall comply with the following standards:
No booth surrounding a public telephone shall exceed eight feet in height, four feet in width or four feet in thickness.
Each public telephone shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund if the call cannot be placed. The coin mechanism shall be maintained in proper working order.
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 article.
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:
Public telephones shall be reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
Public telephones shall be reasonably free of rust and corrosion in the visible metal areas thereon.
Any clear plastic or glass parts of public telephones shall be unbroken and reasonably free of cracks, dents, graffiti, blemishes and discoloration.
Any paper or cardboard parts or inserts of public telephones shall be reasonably free of tears, peeling or fading.
The structural parts of public telephones shall not be broken or unduly misshapen.
Public telephone receivers shall be attached to the telephones.
Any person who fails to maintain a public telephone in proper working condition shall be given a ten-day notice to repair the telephone by the Borough of Hawthorne. Failure to timely comply with said notice shall be grounds for revocation of the permit for said telephone.
Each public telephone shall, upon the written request of the Chief of Police, be capable of restricted or limited service allowing outgoing calls only, within 10 days of the request.
In addition to any other penalties for violation of this article, the Borough Administrator may, after notice and hearing and for just cause, suspend, revoke or not renew any permit issued hereunder for:
Any violation of the provisions of this article.
Failure to comply with any federal or state laws and/or regulations or any Borough ordinance pertaining to the operation of public telephones.
Any cause which would have been cause for rejection of the application in the first instance.
A material and knowing misstatement or omission of information required on the application pursuant to this article. The question of whether a misstatement or omission is material and knowing shall be a question of fact for the fact finder.
A finding, upon receipt of a complaint by any citizen or upon request of the Chief of Police of the Borough of Hawthorne 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.
Any hearing authorized under this article shall be conducted before the Borough Administrator or a designee and shall require written notice to the permittee, which notice shall be given not more than 10 days prior to the date scheduled for said hearing. If the Borough Administrator finds the permittee in violation of any provisions of this section, the Borough Administrator may also require that service from said public telephone be restricted to outgoing calls only.
The owners of existing public telephones shall apply for the permit acquired hereunder within 30 days from the date this article becomes final. The Borough of Hawthorne reserves the right to reject any and all locations submitted for approval based upon their existing nonconformance to this article.
If a permit is not obtained within the time specified herein, or if the Borough Administrator 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 Borough Administrator, 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 $250 to the Borough of Hawthorne.
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.
[Amended 6-6-2007 by Ord. No. 1902-07]
Any violation of this article shall subject the violator to a fine of not less than $100 and no more than $2,000 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.