Loading...
(a) Prior to engaging in the business of installing, placing and maintaining outdoor pay telephones on private property in the City, and biennially thereafter, a person shall submit an application for a license, or the renewal of a license, to the Commissioner upon forms to be prescribed by the Commissioner. The application shall include the following information:
(1) The name, address, telephone number and federal tax identification or social security number of the person;
(2) The name, address and telephone number of the individual or other persons to whom the City shall serve in person or by mail any order required by Section 670B.05;
(3) An affidavit that the business will be and remain in compliance with all relevant City, State and federal laws and regulations and this chapter;
(4) A disclosure of any violations, or license or permit suspensions or revocations, involving the business or licensee, with regard to pay telephone laws and regulations in other jurisdictions in which the business or licensee conducts a pay telephone business;
(5) Any other information as the Commissioner deems necessary to ensure compliance with this chapter.
(b) One (1) license application may be submitted regardless of the number of outdoor pay telephones the owner has or that will be installed. The application for and the issuance of a license do not authorize the person to install, place or maintain any outdoor pay telephone without a permit required by this chapter.
(c) A biennial license fee of two hundred dollars ($200.00) shall be submitted with the application. This license fee is for the purpose of defraying the expenses incident to the administration of the provisions this chapter.
(d) The owner shall promptly notify the Commissioner in writing of any change in the information required by division (a) of this section. Any misrepresentation or false information contained in a license application, and any failure to disclose information required by this chapter, shall be considered a violation of this chapter and the license, and may be the basis of a violation notice or a suspension or revocation of a license, permit or contract.
(e) A copy of each application for a license shall be provided by the Commissioner to the Director of Public Safety and the Clerk of Council. These officials shall notify the Director in writing of any objections to the license within ten (10) business days after receiving the application.
(f) Upon receipt of a completed application that is in compliance with this chapter and all required information and fees, the Commissioner shall issue to the owner an outdoor pay telephone license, except that a license may be denied if the applicant has a significant history of non-compliance with this chapter, or if the applicant’s license was revoked or an appeal of such a revocation was denied within the previous year.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)
(a) Prior to the installation or placement of an outdoor pay telephone on private property or in the right-of-way, and biennially thereafter, the owner of the telephone shall submit an application for a permit to the Commissioner upon forms to be prescribed by the Commissioner. The applicant may request that documents and information provided to the Commissioner be considered confidential and not public records by labeling such documents or information as “Confidential and Proprietary,” and the Commissioner shall disclose such documents or information only to those parties to whom disclosure is necessary to carry out the provisions of this chapter, unless otherwise required by law. The application shall include the following information:
(1) The name, address, telephone number and federal tax identification or social security number of the owner;
(2) The number of the owner’s outdoor pay telephone license or contract, as applicable;
(3) The serial number or telephone number and dimensions of the outdoor pay telephone and any enclosure;
(4) A description of the services provided for the users of the outdoor pay telephone, including any special telephone features or restrictions;
(5) If the telephone was or will be placed, installed and maintained by a licensee, the name, address and telephone number of the property owner and any lessees of the property where the outdoor pay telephone is or will be located;
(6) A drawing of the location of the telephone for which the permit is requested and the location of any telephone within five hundred (500) feet of that telephone;
(7) A description of the source and brightness of lighting of the telephone by built-in or ambient lighting;
(8) Any other information as the Commissioner deems necessary to ensure compliance with this chapter.
(b) A biennial permit fee of one hundred dollars ($100.00) per telephone installed or to be installed shall be submitted with the application. This permit fee is for the purpose of defraying the expenses incident to the administration of the provisions of this chapter.
(c) The owner shall promptly notify the Commissioner in writing of any change in the information required by division (a) of this section. The owner must submit a written notice of the removal of any telephone to the Commissioner prior to the removal. No refund of fees previously paid shall be made for telephones removed by the owner, the City or otherwise. If the owner plans to change the location of a telephone that is already permitted, or install a new phone at the same location, the owner must submit a new application for a permit and the fee to defray the expenses incident to the administration of the provisions of this chapter. No additional fee or permit application is required to replace a broken or defective telephone, or to permanently relocate a telephone ten (10) feet or less once per permit period or to relocate a telephone temporarily on the same property for a period of less than ninety (90) days. An owner must notify the Commissioner of any relocation allowed by this division within thirty (30) days of the relocation.
(d) A copy of each application for a permit and any notice of a removal shall be provided by the Commissioner to the Director of Public Safety, the Director of Public Service, and the Council member in whose ward the telephone is proposed to be installed. The Commissioner shall refer each application for a permit to the Commissioner of Building and Housing for review and approval. The Commissioner of Building and Housing shall determine whether or not the provisions of the Building or Zoning Codes would be violated by the installation of the telephone, and particularly, set back requirements, use restrictions, restrictions as to attachments to structures, and if located in a parking lot, the Zoning requirement that a specified number of parking spaces be available for use by the business. These officials shall notify the Director in writing of any, objections to the permit within thirty (30) days after receiving the application.
(e) If an application for a permit is for the placement of a pay telephone in a design review district, then the Commissioner shall also refer it to the City Planning Commission or Landmarks Commission, whichever is applicable, and that commission shall notify the director in writing of any objections to the permit within thirty (30) days after receiving the application. In deciding whether or not to object to the issuance of the permit, the City Planning Commission or Landmarks Commission, acting in accordance with its rules and regulations, shall consider whether the placement of the phone is consistent with the design review standards for the district; whether it is consistent with other streetscape elements in the vicinity and any overall streetscape plan for the district; whether there have been streetscape improvements in the area such as special lighting, landscaping, pavers, and the like; whether there is any visual clutter concerns if a pay telephone is installed; and whether there are any architectural or historical considerations. As used in this division,”design review district” means any area in which building permits require review and approval of either the City Planning Commission or the Landmarks Commission.
(f) A permit application shall be disapproved if a telephone has been determined to be a nuisance pursuant to this chapter within five hundred (500) feet of the proposed telephone location within the previous two (2) years, and may be disapproved if the applicant has violated this chapter within the previous one (1) year.
(g) Upon receipt of a completed application that demonstrates that the telephone will be in compliance with this chapter and all required information and fees, the Commissioner shall issue to the owner an outdoor pay telephone permit and shall provide the owner with a label to be affixed to each telephone identifying the registration number and location of the telephone. The Commissioner shall ordinarily approve or disapprove a permit within forty-five (45) days of the receipt of a completed application and fee, unless the exercise of due diligence by the Commissioner requires that a longer period of time be taken. A telephone for which a permit is issued shall be installed within thirty (30) days of the issuance of the permit or the permit is void and no longer effective. No refund of permit fees shall be given if the permit becomes void.
(Ord. No. 583-04. Passed 4-5-04, eff. 4-8-04)
(a) It shall be the responsibility of the Commissioner to perform an annual inspection of all pay telephones that are installed on private property and in the right-of-way in the City, to ensure that they are in compliance with this chapter. The Commissioner will provide a report to the Director listing all pay telephones not in compliance with this chapter, the owners of such telephones, and the owners of the properties where such telephones are located.
(b) Any owner of a pay telephone who is not in compliance with this chapter shall be notified in writing by the Commissioner of the violation, a copy of which shall be sent to the property owner where such violations exist. The owner of the pay telephone must correct the violations within five (5) business days of the mailing of such notice. If the owner fails to correct the violations within the time required, the Commissioner may order the telephone removed, and the license or permit of the owner suspended, until all violations are corrected, or revoked.
(c) An order of removal, or license or permit suspension or revocation, shall be sent in writing to the pay telephone owner, and a copy shall be sent to the property owner where such violations exist. The City may remove the phone within five (5) business days of the mailing of such notice, at the owner’s expense. The owner shall reimburse the City for the cost of removing and storing the telephone before the owner may reclaim the telephone. Such costs shall also include the cost of removing any installation ancillary to the outdoor pay telephone and the cost of restoring the public right-of- way to its original condition.
(d) An owner may appeal a violation notice, a removal order, or an order of suspension or revocation to the Board of Zoning Appeals within fourteen (14) days of the date of receipt of the notice or order. The Board shall promptly notify the Clerk of Council of any appeal and of the hearing date. The Board shall hear the appeal within fourteen (14) days after the appeal is filed, and the Board shall issue a decision within fourteen (14) days after the conclusion of the hearing. No notice of the hearing is required to be provided to adjoining property owners.
(e) If the license, contract or permit of an owner is suspended or revoked, the owner must remove all telephones installed pursuant to that license, contract or permit, and the owner may not install any more telephones until the suspension is lifted or a new license or permit is issued or contract is executed. An appeal to the Board of Zoning Appeals of a removal order, or of a suspension or revocation, shall stay such removal order.
(f) If an owner’s license, contract or permit is revoked, the owner must apply for a new license, contract or permit and pay all fees required for a license or permit prior to the installation of any telephone. After the revocation of a permit, the owner may not reapply for a permit for the same location for one (1) year after the date the revocation is effective and after the conclusion of any appeal therefrom.
(g) If an owner does not comply with an order to correct a violation of the requirements to maintain a telephone clean or free of graffiti, stickers or advertising within five (5) business days from the mailing of such an order, the Commissioner may take action necessary to clean or remove graffiti, stickers or advertising from the telephone at the owner’s expense. The owner shall reimburse the City for such expenses.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)
(a) Upon request in writing by the member of Council in whose ward an outdoor pay telephone is located in the right-of-way or on private property, or upon receipt of verbal or written citizen complaints concerning such an outdoor pay telephone, the Director of Public Safety shall conduct an investigation into whether the installation and maintenance of the outdoor pay telephone constitutes a public nuisance. Upon determination by the Director of Public Safety that a particular outdoor pay telephone constitutes a public nuisance, the Director shall order that special telephone service features as are acceptable to the Director shall be provided by the outdoor pay telephone or, if the Director determines it is necessary, that the telephone be removed. Nothing in this section shall preclude the Director from ordering the removal of a telephone without first requiring the implementation of special features. A particular outdoor pay telephone shall constitute a public nuisance when the Director of Public Safety determines that one (1) or more of the following conditions exist:
(1) The outdoor pay telephone has been used in the commission of illegal drug transactions or other criminal activity, or substantially contributes by its presence to the commission of illegal drug transactions or other criminal activity as evidenced by significant numbers of such crimes occurring in the vicinity of the telephone;
(2) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have made loud noises and other disturbances that have disrupted persons residing near the telephone or disrupted business enterprises located near the telephone;
(3) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons consuming alcoholic beverages, except where such consumption is expressly authorized by state license, or consuming illegal or controlled substances;
(4) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have interfered with pedestrian or vehicular traffic in the public right-of- way near the telephone;
(5) Usage of the outdoor pay telephone between the hours of 1:00 a.m. and 5:00 a.m. is significantly and repeatedly above normal usage for similarly situated outdoor pay telephones during the same hours so as to indicate that the telephone is being used in the commission of illegal drug activity or other criminal activity;
(6) The pay telephone has been used to abuse the 911 system.
(b) The special features shall be instituted, or the owner shall remove the telephone, and restore the right- of-way to its original condition, if applicable, within five (5) business days of an order to institute special features or remove the telephone. Removal of a nuisance pay telephone shall be governed by the provisions of Section 670B.06.
(c) If the Director determines that the nuisance may be abated by the reduction in the total number of pay telephones in an area, the removal of pay telephones shall be ordered based upon the total period of time that a telephone has been permitted by the City, with the telephones permitted for the least amount of time being ordered removed first.
(d) The Director of Public Safety will inform in writing the member of Council who made the complaint regarding the pay telephone the result of such investigation and the Director shall notify the member in writing of any order issued by the Director.
(e) If an outdoor pay telephone has been removed from a location because it is a nuisance, no other pay telephone may be installed at the same location or within five hundred (500) feet of that location for a minimum of one (1) year.
(f) The owner of an outdoor pay telephone may appeal from the determination of a nuisance and the order of special features or removal as set forth in Section 670B.06.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)
Nothing in this chapter shall be read so as to limit the authority of the PUCO to regulate outdoor pay telephones within the City of Cleveland, nor to conflict with the authority of the PUCO to approve any special services for pay telephones.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)
Any owner as defined in this chapter, or any owner, lessee, or person in possession or control of private property where an outdoor pay telephone is or has been located, who violated any part of this chapter shall be guilty of a misdemeanor and fined one hundred dollars ($100.00) for a first offense and five hundred dollars ($500.00) for a second or subsequent offense. Each day that a violation occurs or continues constitutes a separate offense.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)