(A) The Board of Commissioners shall authorize the Mayor and City Manager to enter into contracts that grant, subject to the conditions set forth in the contract and this subchapter, the privilege of installing and maintaining outdoor pay telephones in the public right-of-way. The city may also contract for the removal of telephones illegally installed or maintained in the public right-of-way.
(B) (1) Such contracts and the method of awarding such contracts shall, to the greatest extent possible, be designed to:
(a) Discourage illegal drug sales and other criminal activity that are sometimes associated with and facilitated by outdoor pay telephones in the public right-of-way;
(b) Reduce the disturbances that outdoor pay telephones may tend to promote in residential and commercial areas;
(c) Reduce visual clutter in the public right-of-way;
(d) Reduce the unnecessary obstruction of pedestrian and vehicular traffic; and
(e) Ensure the availability of outdoor pay telephones where they are needed for lawful purposes.
(2) In addition to those considerations, the contracts may generate revenue for the city.
(C) Any contract entered into pursuant to this section shall provide that the privileges granted by the contract are subject to the city’s authority to order the removal of an outdoor pay telephone pursuant to § 94.052 of this chapter. Any such contract shall also permit the city to require outdoor pay telephones in the public right-of-way to have special features designed to reduce criminal activity. In addition, the contract must provide the location of any outdoor pay telephone that is to be situated in the public right-of-way and the city must expressly approve of these locations. No person shall be awarded a contract under this section unless the person has a valid occupational license with the city, has paid all fees and taxes due the city, and has a valid certificate of service authority to provide outdoor pay telephone service granted by the state’s Public Service Commission where required by law.
(D) No person may install an outdoor pay telephone in the public right-of-way on or after the effective date of this section unless the installation is made pursuant to a written contract with the city. Beginning 6-1-2003, no outdoor pay telephone may remain in the public right-of-way other than pursuant to a contract entered into under this section. Any telephone, wires or related equipment installed or maintained in violation of this division (D) shall be subject to immediate removal by the city at the owner’s expense. An outdoor pay telephone installed on private property, but whose receiver can reach the public right-of-way and can be used by a person occupying the public right-of-way shall be deemed, for purposes of this subchapter, to be located in the public right-of-way.
(1984 Code, § 94.41) (Ord. O-21-03, passed 4-29-2003)