Cudahy Municipal Code Art. XXII Public Telephones

(1) “Director” shall mean the director of community development of the city of Cudahy or the director’s designee.

(2) “Public property” shall mean any public highway, public street, public way or public parcel either owned by the city or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of a right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

(3) “Public telephone” shall mean a telephone into which money may be deposited, or through which a credit card or telephone calling card number may be entered, for purposes of obtaining a telecommunications link to communicate with another who receives the communication by any telephone, pager, or other telecommunication device.

(4) “Public telephone vendor” shall mean any person or entity authorized to sell, lease, install or otherwise contract for the sale, use, maintenance or installation of a “public telephone.”

(5) “Sidewalk” shall mean that portion of “public property” between the curb lines or traversable roadway and the adjacent property line, whether or not that area is paved for pedestrian use.

(6) “Unimproved property” shall mean any vacant lot, land or other real property that lacks any building or other structure. (Ord. 505 § 3; Ord. 497 § 1. 2002 Code § 6-36.1).

(1) No public telephone shall be installed, located, or maintained on unimproved property.

(2) No public telephone shall be installed, located, or maintained on public property or in such a way that it protrudes or encroaches onto or over any sidewalk, or other public property located within the city, unless a telephone encroachment permit is first obtained pursuant to the provisions of this chapter.

(3) No public telephone shall be located such that the user thereof must be physically situated on public property in order to use the telephone, unless a telephone encroachment permit is first obtained pursuant to the provisions of this chapter.

(4) Any existing public telephone located or maintained in violation of subsection (1), (2) or (3) of this section shall be removed by February 2, 1995, unless a telephone encroachment permit is first obtained pursuant to the provisions of this chapter.

(5) It is unlawful to (a) install, place, locate or maintain a public telephone for which an encroachment permit is required without first obtaining said permit; or (b) otherwise violate any other provision of this article. Any violation of this article shall be punishable as set forth in CMC 1.36.010(1). (Ord. 505 § 3; Ord. 497 §§ 1, 4. 2002 Code § 6-36.2).

Every application for an encroachment permit for a public telephone shall be made in writing to the director on forms provided by the city, and accompanied by a filing fee as set by resolution of the city council. An application shall include the following information:

(1) Name and address of the applicant;

(2) Name and address of the public telephone vendor;

(3) Name and address of the individual, individuals, or entity that owns the lot or parcel upon which the public telephone is to be located;

(4) Permission of the landowner to place a public telephone on the lot or parcel, if not owned by the applicant;

(5) A plot and development plan drawn fully dimensioned and scaled in sufficient detail, to clearly describe the following:

(a) The location and physical dimensions of the lot or lots proposed for such use; and

(b) The location of existing and proposed buildings or structures on the site for which the telephone is proposed, and the locations of other public telephones within 500 feet of the proposed public telephone location; and

(6) A current list of the names and addresses of the owners of real property located within 300 feet of the exterior boundary of the proposed site, as shown on the latest available assessment roll. (Ord. 505 § 3; Ord. 497 § 1. 2002 Code § 6-36.3).

Upon receipt of the filing fee and a completed application as determined by the director, he or she shall issue an encroachment permit for a public telephone, with or without conditions of approval, unless the director makes one or more of the following findings:

(1) The public telephone is to be located in an area in which there exists evidence of an unusually high level of crime, and in which there is no demonstrable shortage of public telephones for emergency purposes; or

(2) There is a proliferation of public telephones in the area in which the telephone is to be located; or

(3) The proposed location poses a hazard to pedestrians or vehicular traffic; or

(4) A public telephone in the proposed location would pose a danger to, or otherwise adversely affect, the public health, safety or welfare. (Ord. 505 § 3; Ord. 497 § 1. 2002 Code § 6-36.4).

Notice of the director’s decision to grant or deny an encroachment permit shall be in writing and mailed via first class mail to the applicant, to the owners of real property located within 300 feet of the exterior boundary of the proposed site, as shown on the latest available assessment roll, and to any other person who makes written request for the notice. Any interested person may appeal from the decision of the director to the city council. The appeal shall be in writing, shall state the grounds for appeal, and shall be accompanied by a fee in an amount established by resolution of the city council, and shall be received and filed with the city clerk within 10 days of the mailing of the director’s decision. The determination on appeal shall be made by the city council after a public hearing on the matter. The city clerk shall give 10 days’ written notice of the hearing via first class mail to every person entitled to notice of the director’s decision. The city council shall make its decision on the appeal within 45 days of the date on which the appeal was filed. Within 10 days of the city council’s decision, the city clerk shall provide written notice of that decision to the applicant and the appellant. The decision of the city council shall be final and conclusive in all cases. (Ord. 505 § 3; Ord. 497 § 1. 2002 Code § 6-36.5).