Daly City Municipal Code Ch. 12.20 Telephone Booths on Public Rights-of-Way

The city manager, or his authorized representative, is authorized to issue permits from time to time to the serving telephone company for the installation and maintenance of public telephones on the public sidewalks and public rights-of-way of the city. The number and location of such public telephone booths and the design of the telephone booths shall be subject to the approval of the city manager so as to best serve the public interest.

(Ord. 732 § 2 (part), 1971: prior code § 15-80)

The city manager, in determining the location of the public telephones to be installed on public sidewalks or public rights-of-way, shall consider, among other things, the need of the public for the telephones in the location sought, the obstruction of pedestrian or other traffic in the area, and the effect upon the public health or safety for the installation of the telephone at said location.

(Ord. 732 § 2 (part), 1971: prior code § 15-81)

The permittee shall maintain the public telephones and any associated booths in good repair and safe and sightly condition at the permittee's expense and to the satisfaction of the city manager. All necessary electrical and telephone connections, cables, wires and associated appurtenances shall be installed underground in appropriate conduits and in accordance with applicable codes; provided, however, that upon application by the serving telephone company, the city manager may authorize aboveground facilities to serve the public telephones and any associated booths.

(Ord. 732 § 2 (part), 1971: prior code § 15-82)

The permittee shall save the city harmless from any and all losses, claims or judgments for damages to any person or property arising from the installation or maintenance of the public telephones.

(Ord. 732 § 2 (part), 1971: prior code § 15-83)

The permit shall be revocable on thirty days' prior written notice to the permittee from the city manager, in which event the permittee shall, at its own expense, remove the public telephone or telephones installed pursuant to the permit, and shall restore the sidewalk or public right-of-way as nearly as practicable to its condition prior to such installation.

(Ord. 732 § 2 (part), 1971: prior code § 15-84)

The permit shall require that the city receive an amount equal to at least fifteen percent of the receipts in lawful currency of the United States (exclusive of Federal Communications Excise Taxes and any mutilated coins) from the coin receptacles of the public telephones installed under authority of this chapter, which amount shall be payable at least semi-annually, on the first day of March and the first day of October of each and every year.

(Ord. 732 § 2 (part), 1971: prior code § 15-85)

In the event the permittee's application, or any portion thereof, is denied, the permittee, within thirty days after written notice from the city manager of the denial, shall have the right to appeal to the city council. The permittee shall file written objections to the decision of the city manager with the city council, specifying the grounds for the appeal and specifying the reasons why said application or any part thereof should be granted.

(Ord. 732 § 2 (part), 1971: prior code § 15-86)

The city council shall set the matter for public hearing within forty-five days of the date that the appeal is received by the city council. The decision of the city council on said appeal shall be final.

(Ord. 732 § 2 (part), 1971: prior code § 15-87)