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ARTICLE XXVII. OUTDOOR PAY TELEPHONES
Except as otherwise provided in this article, no person and/or company shall install or maintain any telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building unless it is located on the public right-of-way and in accordance with this Code. Any outdoor pay telephone located on property other than the public right-of-way in violation of this article shall be removed by its owner, any person with control over the pay telephone, or the owner of real estate on which the pay telephone is located, within 30 days after the effective date of this article.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) Any person who violates any provision of this article shall be subject to a fine of not less than $50 and not more than $200 for each offense. If an outdoor pay telephone is installed in violation of this article at substantially the same location where a telephone was previously removed pursuant to this article, any person participating in the violation shall be fined not less than $200 and not more than $500.
(b) Each day that a violation of subsection (a) continues shall constitute a separate offense. However, for the period ending six months after the effective date of this article, no fine shall be imposed with respect to a pay telephone unless a removal notice has been posted on the telephone pursuant to this article.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) Notwithstanding any other provision of this chapter, the Director of the Department of Public Works and Utilities may issue a revocable certificate of registration jointly authorizing the owner of real property on which a telephone is to be located and a telecommunications company that will operate the telephone, subject to the conditions of this section, for the installation and maintenance of a telephone booth, mounted telephone, or other form of pay telephone not enclosed within the interior of a building and not on the public right-of-way, but permitted by this subsection. The certification of registration shall create no legal rights or entitlement, and shall not be deemed to create, any type of vested interest.
(b) The application for the certificate of registration shall designate a registered agent for receiving notice under this section. Applications shall be maintained by the City Clerk as confidential business records. The certification shall be issued no later than 30 days after a complete application for an eligible location is received. No certificate of registration shall authorize installation of a telephone at a location that the Director determines will not be in the public interest or may have a deleterious impact on the surrounding neighborhood.
(c) The Director of the Department of Public Works and Utilities may issue a certificate of registration pursuant to this section for no more than two telephones on any zoning lot of property; provided that the number of telephones authorized under this section for any parking lot with 200 or more parking spaces, or for any property on which there are facilities designed for public assembly and having a capacity for more than 10,000 persons, shall not exceed a number determined by the Director by rule as necessary for public convenience. No certificate of registration shall authorize a telephone situated:
(1) On vacant property;
(2) On property on which there is situated an abandoned building;
(3) On property on which there is situated an establishment that has or requires a tavern license, or that is kept, used, maintained, advertised and held out to the public as a place that primarily sells alcoholic liquor at retail; or
(4) On property on which there is a building that is used primarily for residential purposes.
(d) Certificates of registration shall be issued for particular locations identified in the application therefor. The Director of the Department of Public Works by rule may establish and impose an application fee or an annual registration fee, or both, for certificates of registration issued under this section. The total amounts of the fees may not exceed an amount sufficient for the City to recover its costs in administering this section, exclusive of costs indirectly related to preliminary or final hearings.
(e) A copy of each application for a certificate of registration shall be sent to the Council member for the ward in which the proposed telephone is to be located not less than five days after the application is received.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
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