Pomona Municipal Code § 62-152 Location determination standards

The director of public works is authorized to issue permits to pay telephone vendors 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 director of public works so as to best serve the public interest.

(Code 1959, § 5-190; Ord. No. 3899, § 2 (part))

The director of public works, 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 following factors:

(1) The need of the public for the telephones in the location sought;

(2) The obstruction of pedestrian or other traffic in the area; and

(3) The effect upon the public health or safety of the installation of the telephone at the location.

(Code 1959, § 5-191; Ord. No. 3899, § 2 (part))

(a) At the time of application for the permit under this division, vendors shall pay a permit fee for each pay telephone. The permit fee shall be set by city council resolution. If the application is denied, the permit fee shall be refunded except for an amount set by resolution of the city council to cover administrative costs.

(b) Vendors of pay telephones shall pay an annual license tax as required by section 50-411(b).

(Code 1959, § 5-192; Ord. No. 3899, § 2 (part))

If an application or portion of an application for a permit required under this division is denied by the director of public works, written notification shall be sent to the applicant stating the reasons for denial, including any applicable factors set forth in section 62-152.

(Code 1959, § 5-193; Ord. No. 3899, § 2 (part))

Under this division the permittee shall maintain the pay telephones and any associated booths in good repair and in safe and sightly condition at the permittee's expense and to the satisfaction of the director of public works. All necessary electrical and telephone connections, cables, wires and associated appurtenances shall be installed underground in appropriate conduits and in accordance with applicable codes. However, upon application by the pay telephone vendor, the director of public works may authorize aboveground facilities to serve the pay telephones and any associated booths.

(Code 1959, § 5-194; Ord. No. 3899, § 2 (part))

The permit issued pursuant to this division shall be revocable on 30 days' prior written notice to the permittee from the director of public works, in which event the permittee shall, at his own expense, remove the pay telephone 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. If the permittee fails to remove the pay telephone, the public works department is authorized to remove the telephone and recover costs for such removal. Reasons for revocation may include, among others, a finding that the telephone constitutes a public nuisance as defined in section 62-124(b).

(Code 1959, § 5-195; Ord. No. 3899, § 2 (part))

If an application or any portion of the application for a permit required under this division is denied or if a permit is revoked pursuant to this division, within 30 days after written notice of the denial or revocation from the director of public works the applicant shall have the right to appeal. The following appeal procedures shall apply:

(1) The applicant shall make every effort to resolve the issue with the director of public works.

(2) If the conflict cannot be resolved by the director of public works, the applicant may submit written justification and other evidence to the city manager.

(3) The city manager shall review the stated reasons for denial by the director of public works and the justification for appeal submitted by the applicant. Within 45 days of receipt of the appeal, the city manager shall affirm, overrule or modify the decision of the denial. The decision of the city manager shall be final.

(Code 1959, § 5-196; Ord. No. 3899, § 2 (part))

The person issued a permit under this division shall defend, indemnify and hold the city harmless from any and all losses, claims or judgments for damages or injury to any person or property arising from the installation, maintenance or use of the pay telephones.

(Code 1959, § 5-197; Ord. No. 3899, § 2 (part))