[HISTORY: Adopted by the City Council of the City of Clairton 8-22-1995 by Ord. No. 1597. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 303.
The purpose of this chapter is to promote and protect the peace, safety and welfare of City of Clairton residents by eliminating or reducing the use of public telephones for drug trafficking and other criminal purposes.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them as follows:
- OUTSIDE PUBLIC VIEW
- Capable of being viewed by a person or persons standing outside of a business, commercial, industrial or residential establishment.
- PAY TELEPHONE
- Any publicly accessible telephone that is coin- or credit-card operated.
- Any individual, company, organization, corporation or other entity, public or private, except the City of Clairton.
- TONE SIGNAL CAPABILITY
- A dialing feature, other than pulse dialing, which sends a tone signal enabling the caller to access automated devices such as beepers, pagers and voice mail systems.
It shall hereafter be unlawful for any person to request, permit, maintain or cause the placement of any outdoor pay telephone within the City of Clairton, and all such telephones in existence prior to the effective date of this chapter shall be immediately removed by the owner or agent of the owner of the telephone. From and after the effective date of this chapter, all pay telephones, unless specifically authorized by the City of Clairton to be placed outdoors on public property, shall be located completely within the interior of any business, commercial, industrial or residential establishment, so as to be completely removed from outside public view.
It shall hereafter be unlawful for any person to request, permit, maintain or cause the placement of any indoor pay telephone within the boundaries of the City of Clairton that has tone signal capability or that has the capability of receiving incoming calls. All such telephones in existence prior to the effective date of this chapter shall immediately be modified to disable the tone or incoming call feature by the owner or agent of the owner of the telephone. In the event that such feature(s) cannot be disabled, the telephone shall be removed. This provision shall not apply to indoor pay telephones used exclusively and solely for personal use within a residence or home, which residence or home is not generally open to the public.
No later than 30 days after the effective date of this chapter, every person who owns or maintains an indoor pay telephone in the City of Clairton shall file with the City a list of the locations of all pay telephones owned or maintained and whether the telephones have incoming call capability or tone signal capability. Any indoor public telephone not appearing on any submitted list shall be subject to immediate removal at the owner's expense beginning 31 days after the effective date of this chapter.
From and after the effective date of this chapter, all pay telephones located on public property within the City of Clairton, outside or otherwise, shall be restricted and limited to those telephones specifically authorized by the Council of the City of Clairton.
Any person who violates any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $600 and costs of prosecution and, in default of payment thereof, shall be subject to imprisonment for a period not to exceed 30 days. Each violation of any provision of this chapter shall constitute a separate offense and shall be punishable as such. Each day that the violation continues shall constitute a separate offense. No fines will be imposed with respect to outdoor pay telephones in existence on the date of enactment of this chapter until 31 days after its effective date.
In addition to the penalties imposed in § 317-6, any pay telephone installed or maintained in violation of this chapter may be immediately removed by the City, except that no pay telephone in existence prior to the effective date of this chapter may be removed by the City prior to the 31st day after the effective date of this chapter. The City may charge the costs of removal jointly and severally to its owner, operator and the person who owns or controls the real property on which the telephone is located.
Any pay telephone removed by the City pursuant to this chapter may be reclaimed by the owner within 30 days after its removal. The owner must reimburse the City for its removal and storage costs before any such telephone may be reclaimed. Such costs shall also include the costs of removing any installation ancillary to the pay telephone and the costs of restoring the property to its original condition. Any telephone not so reclaimed within 60 days of removal may be disposed of as unclaimed property by the City.
No provision of this chapter may be applied to any transaction in interstate commerce to the extent such transaction may not, under the Constitution and statutes of the United States, be made the subject of regulation by the City, and no provision of this chapter may be applied to any transaction or exclusive regulation of the Pennsylvania Public Utility Commission, to the extent that such transaction may not, under the Constitution and statutes of the Commonwealth of Pennsylvania, be made the subject of regulation by the City.