[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.
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.
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.
A.
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.
B.
The initial fee for a permit shall be $50 for each public telephone.
The annual renewal fee shall be $25 for each public telephone.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
(1)
Approval of the location of each public telephone by the Borough
Administrator.
(2)
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.
H.
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.
I.
Before receiving a permit, an applicant shall:
(1)
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.
(2)
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.
A.
Any public telephone installation subject to this article shall comply
with the following standards:
(1)
No booth surrounding a public telephone shall exceed eight feet in
height, four feet in width or four feet in thickness.
(2)
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.
(3)
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.
(4)
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:
(a)
Public telephones shall be reasonably free of chipped, faded,
peeling and cracked paint in the visible painted areas thereof.
(b)
Public telephones shall be reasonably free of rust and corrosion
in the visible metal areas thereon.
(c)
Any clear plastic or glass parts of public telephones shall
be unbroken and reasonably free of cracks, dents, graffiti, blemishes
and discoloration.
(d)
Any paper or cardboard parts or inserts of public telephones
shall be reasonably free of tears, peeling or fading.
(e)
The structural parts of public telephones shall not be broken
or unduly misshapen.
(f)
Public telephone receivers shall be attached to the telephones.
B.
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.
C.
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.
A.
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:
(1)
Any violation of the provisions of this article.
(2)
Failure to comply with any federal or state laws and/or regulations
or any Borough ordinance pertaining to the operation of public 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 article. 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 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.
B.
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.
A.
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.
B.
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.
C.
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.
