(a) Any owner may enter into a biennial contract with the Director that grants to the owner the privilege of installing and maintaining outdoor pay telephones in the public right-of-way for a period of two (2) years, subject to the terms and conditions set forth in the contract and this chapter.
(b) Any contract entered into pursuant to division (a) of this section must include as terms and conditions at a minimum all of the requirements of this chapter applicable to pay telephones in the right-of-way; however, the City may impose additional requirements and restrictions on pay telephones in the right-of-way in the contract with an owner, but no such requirements may unnecessarily discriminate in favor of or against any owner.
(c) Owners with a contract to install telephones in the right-of-way shall apply for permits under Section 670B.05 for each telephone.
Applications for permits shall be given preference for purposes of determining compliance with the distance requirements in the order that they are received.
(d) The Director shall determine whether to approve the proposed location of all outdoor pay telephone to be installed and maintained in the right-of- way, and in doing so shall consider the following factors in addition to other requirements of this chapter:
(1) Possible obstruction of pedestrian and vehicular traffic;
(2) The size of the telephone and any booth stand, or pole;
(3) The ability to provide access by disabled persons;
(4) The proliferation of visual clutter; and
(5) Such other factors as are delineated in the contract.
(e) Any outdoor pay telephone installed and maintained in the right-of-way must:
(1) Allow a “direct dial” of 911 without the need to first use a coin or a credit card or the need to dial the operator;
(2) Have a functioning coin return mechanism;
(3) Have affixed in a readily visible place a notice setting forth the name of the owner, the owner’s telephone number for repair and the telephone number or serial number of the outdoor pay telephone;
(4) Be maintained in a properly functioning, clean, neat and attractive condition, free of rust and free of danger of electrical shock;
(5) Not be used for advertising signs or publicity of any sort; and
(6) Be in full compliance with all state and federal laws and regulations, including this chapter.
(f) The owner of each outdoor pay telephone shall indemnify the City and hold it harmless from any and all claims or liability arising from any act of the owner, or failure to act, in the installation, maintenance and operation of the telephone. The owner shall submit to the Commissioner, at its own expense, general liability insurance to protect the owner and the City from all claims for damage to property or bodily injury, including death. The insurance shall be in an amount not less than one hundred thousand dollars ($100,000.00) combined single limit, and shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without thirty (30) days’ prior written notice to the City. A certificate of such insurance shall be provided to the Director at the time of execution of the contract and shall be maintained before and during the installation of any telephone in accordance with the contract and throughout the period that the contract for any telephone is in effect. The Director may accept documentation that the owner has a self-insurance retention plan in lieu of insurance, provided that the Director determines that the coverage is equivalent or better than the insurance coverage required by this division.
(Ord. No. 583-04. Passed 4-5-04, eff. 4-8-04)