Chapter 17 — PAY TELEPHONES ON PUBLIC RIGHT-OF-WAY

4-17.01 Permit: Issuance authority 4-17.02 Permit location determination standards 4-17.03 Fees 4-17.04 Indemnification 4-17.05 Maintenance 4-17.06 Revocation of permit: Removal of telephone 4-17.07 Denial of application: Appeal 4-17.08 Appeal: Public hearing

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 pay telephones on the public sidewalks and public rights- of-way of the City. The number and location of such pay telephones 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. (§ 1, Ord. 2615, eff. June 20, 1996)

The City Manager, in determining the location of the pay 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. (§ 1, Ord. 2615, eff. June 20, 1996)

The permit shall require that the City receive an amount equal to fifteen percent (15%) of the gross receipts in lawful currency of the United States (exclusive of Federal Communications Excise Taxes and any mutilated coins) from the coin receptacles of the pay telephones installed under authority of this chapter, which amount shall be payable to the City semiannually, on the first day of March and the first day of October of each year and every year. (§ 1, Ord. 2615, eff. June 20, 1996)

The permittee shall defend, indemnify and save the City harmless from any and all losses, claims or judgements for damages or injury to any person or property arising from the installation, maintenance or use of the pay telephones. (§ 1, Ord. 2615, eff. June 20, 1996)

The permittee shall maintain the pay 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 pay telephones and any associated booths. (§ 1, Ord. 2615, eff. June 20, 1996)

The permit shall be revocable on thirty (30) days' prior written notice to the permittee from the City Manager, in which event the permittee shall, at its own expense, remove the pay 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. Reasons for revocation may include, among others, a finding that the telephone or telephones constitute a public nuisance as defined in § 4-16.03 of this title. (§ 1, Ord. 2615, eff. June 20, 1996)

In the event the permittee's application, or any portion thereof, is denied, the permittee, within thirty (30) 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 Clerk, specifying the grounds for the appeal specifying the reasons why said application or any part thereof should be granted. (§ 1, Ord. 2615, eff. June 20, 1996)

The City Council shall set the matter for public hearing within forty five (45) days of the date that the appeal is received by the City Clerk. The decision of the City Council on said appeal shall be final. (§ 1, Ord. 2615, eff. June 20, 1996)