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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)
(a) (1) Whenever the Director of the Department of Public Works and Utilities determines that it is not in the public interest for the telephone to remain on private property, or that the telephone may have a deleterious impact on the surrounding neighborhood, the Director shall initiate procedures to revoke the certificate of registration for that telephone.
(2) A certification by the Council member of the ward in which the telephone is or is to be located setting forth facts establishing that it is not in the public interest for the telephone to remain on private property, or that the telephone has a deleterious impact on the surrounding neighborhood, shall be prima facie evidence that the certificate of registration is subject to revocation or should not be issued under this section.
(b) Whenever the Director makes such a determination with respect to a telephone for which a certificate of registration has been issued, the Director shall attempt to notify the registrant of the determination by mailing a notice to the registered agent or the registrant, and a representative of the City may enter upon any private property and may place upon the telephone a notice stating that the certificate of registration is subject to revocation and that the registrant has a right to request a preliminary hearing at which the registrant will be given an opportunity to be heard in opposition to the revocation within seven days of the notice.
(c) (1) The preliminary hearing shall be informal and shall provide the registrant with an opportunity to address the reasons for the Director’s preliminary determination. If no preliminary hearing is requested or if the Director determines that there is probable cause for revocation of the certificate of registration after the preliminary hearing, the Director shall issue an order requiring the telephone and its appurtenances to be removed within seven days after the order is issued pending a final determination. Telephones that are not timely removed may be removed by a representative of the City.
(2) At the preliminary and final hearing formal or technical rules of evidence shall not apply. Evidence may be admitted if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Director may establish and impose a fee for preliminary and final hearings conducted under this section which shall not exceed an amount sufficient for the City to recover its costs related to the preliminary or final hearings.
(d) The owner of the telephone for which a determination of probable cause for revocation of a certification of registration has been issued may contest such determination timely removing the telephone and its appurtenances and by filing with the Director of Public Works and Utilities a request for a final hearing within 14 days after removal in accordance with rules promulgated by the Director.
(e) If, after a final hearing, the Director determines that it is not in the public interest for the telephone to be located on the private property, or that the telephone had a deleterious impact on the surrounding neighborhood, or if no timely request for a final hearing is made, the Director shall revoke the certification of registration for the telephone.
(f) No certificate of registration may be issued for a telephone at a zoning lot with respect to which a previous certificate has been revoked for a period of one year after revocation.
(g) Outdoor pay telephones not lawfully installed or maintained pursuant to this Code are hereby declared to be public nuisance subject to summary abatement upon due notice. A representative of the City may enter upon any private property within the City that he or she has reason to believe contains an outdoor pay telephone in violation of this section, and may place upon the telephone a notice that the telephone must be removed within seven days. Such notice shall also provide that if the telephone is not removed within seven days, a representative of the City may remove the telephone and charge the costs of removal jointly and severally to its owner, operator, and the person who owns or controls the real property on which the pay telephone is located. If such telephone has not been removed within seven days, a representative of the City may remove the telephone.
(h) If the costs to the City for removing telephones and their appurtenances pursuant to this section are not paid within 30 days, the telephone shall be deemed abandoned and may be sold or destroyed. The costs of removing outdoor pay telephone shall be a debt to the City jointly and severally owed by the telephone’s owner and operator, and any person who owns or controls the real property on which the telephone was located.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
(a) The Director of the Department of Public Works and Utilities shall have the authority to enter into contracts with one or more persons, subject to the conditions set forth in the contract and this chapter, the privilege of installing and maintaining pay telephones in the public right-of-way. The Director of the Department of Public Works and Utilities may also contract for the removal of telephones illegally installed or maintained in the public right-of-way. Any such contract may be approved as to form and legality by the Chief Legal Officer for the City. In the administration of this section, the Director of the Department of Public Works and Utilities shall consult and cooperate with all appropriate City departments. The Director may at any time cause to be advertised a request for proposals relating to such contracts.
(b) Such contracts and the methods of awarding such contracts shall, to the greatest extent possible, be designed to:
(1) Discourage illegal drug sales and other criminal activity that are sometimes associated with and facilitated by pay telephones in the public right-of- way;
(2) Reduce the disturbances that pay telephones may tend to promote in residential areas;
(3) Reduce visual clutter in the public right- of-way;
(4) Reduce the unnecessary obstruction of pedestrian and vehicular traffic;
(5) Ensure the availability of pay telephones where they are needed for lawful purposes; and
(6) Provide adequate access to pay telephones by disabled persons; and
(7) Generate revenue for the City.
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 Council’s authority to order the removal of a pay telephone pursuant to subsection (f) of this section. Any such contract shall also permit the City Council or the Finance Director to require pay telephone in the public right-of-way to have special features designed to reduce criminal activity. In addition, the contract must provide that the Council member for the ward in which the pay telephone is located is notified of the location of any pay telephone that is to be situated in the public right- of-way in his or her ward pursuant to this section. No person shall be awarded a contract under this section unless the person has a valid certificate of service authority to provide pay telephone service granted by the State of Michigan Public Service Commission where required by law.
(d) No person may install a pay telephone in a public right-of-way on or after the effective date of this chapter unless the installation is made pursuant to a contract entered into under this section. Beginning as soon as practicable after the adoption of this chapter, no pay telephone may remain the public right-of-way other than pursuant to a contract entered into under this section. Any telephone installed or maintained in violation of this paragraph shall be subject to immediate removal at the owner’s expense by the City. However, in the case of a telephone deemed to be in the public right-of-way as a result of this amendatory chapter, no such pay telephone shall be removed until at least seven days after a representative of the City has affixed a notice on the telephone stating that it will be subject to removal within seven days of the date of posting of notice. A list of the locations at which such pay telephones are scheduled to be removed shall be made available for public inspection at least seven days prior to the removal of the telephones on that list.
(e) No later than 30 days after the effective date of this section, every person who owns or maintains a pay telephone in the public right-of-way must file with the Director of the Department of Public Works a list of the locations of all such telephones owned or maintained by that person. Within ten days of the adoption date of this section every person who maintains a pay telephone that is considered to be in the public right-of-way as a result of this amendatory section must filed with the Director a list of the location of those telephones. Any pay telephone in the public right-of-way that does not appear on such a list shall be subject to immediate removal at the owner’s expense by the City beginning 31 days after the effective date of this section.
(f) The City Council may at any time after the effective date of this chapter, if pursuant to a contract under this section, by notice order the removal of a particular pay telephone that is in the public right-of- way. Such a notice must identify the location of the telephone to be removed. Any pay telephone that is not removed within 14 days after a notice for its removal is posted shall be subject to immediate removal at the owner’s expense by the City.
(g) Any pay telephone removed by the City pursuant to this section may be reclaimed by its owner within 30 days after its removal. The owner must reimburse the City for its removal and storage costs before any such telephone may be reclaimed. Such costs shall also include the costs of removing any installation ancillary to the pay telephone, and the costs of restoring the public right-of-way to its original condition. Any telephone not so reclaimed may be disposed of as unclaimed property. Any contract for the removal of one or more pay telephones may include a provision, in a form subject to the approval of the Chief Legal Officer for the City, for indemnification of the City by the contractor against claims and liabilities arising out of performance under the contract.
(h) Any person who installs or maintains a pay telephone in violation of this section shall be subject to a fine of not less than $50 and not more than $200 for each offense. Each day that the violation continues shall constitute a separate offense. However, for the period ending six months after the effective date of this amendatory section, no fine shall be imposed with respect to a telephone considered in the public right- of-way as the result of this amendatory section unless a removal notice has been posted on the telephone pursuant to this section, or unless the locations of the telephone appears on a list of locations scheduled for removal made available pursuant to this section.
(i) As used in this section, “pay telephone” means any publicly accessible self-service or coin or credit card operated telephone; and “public right-of- way” has the meaning ascribed to the term in section. For purposes of this section, a pay telephone will be considered in the public right-of-way beginning on the effective date of this section if any portion of the telephone or its enclosure is situated on or projects or hangs over the public right-of-way; or the telephone is so situated that it can be used by a person standing on the public right-of-way.
(j) The Finance Director shall have the authority to promulgate rules and regulations to implement this article.
(k) No provision of this article or any contract issued pursuant to this article may be applied to any transaction in interstate commerce to the extent that such business may not, under the Constitution and Statutes of the United States, be made the subject of regulation by the City.
(Ord. 3309, passed 9-25-1995; Ord. 3786, passed 12-13-2010)
ARTICLE XXVIII. GARAGE/YARD SALES
(a) GARAGE SALE. Includes all sales entitled “garage sale,” “lawn sale,” “attic sale,” “rummage sale,” “yard sale,” “flea market sale,” “estate sale,” or any similar casual sale of tangible personal property that is advertised by any means where the public at large is or can be made aware of said sale.
(b) GOODS. Meant to include any goods, warehouse merchandise, or other property capable of being the object of a sale regulated under this article.
(c) PERSON. Includes individuals over the age of 18, partnerships, voluntary associations and corporations.
(Ord. 3436, passed 5-24-1999; Ord. 3785, passed 12-13-2010)
(a) It shall be unlawful for any person to conduct a garage sale in the City without first filing with the City Clerk the information specified below, and by obtaining from the City Clerk a license to do so, this license shall be known as a “garage sale license.” The first license shall cost $12; the fee for the second license shall be $5.
(b) An applicant may request an application for a garage sale license from the City Clerk’s office either in person, by mail, or by telephone.
(Ord. 3436, passed 5-24-1999; Ord. 3475, passed 5-29-2001; Ord. 3785, passed 12-13-2010)
(a) Such license shall be issued to any one person only twice within a 12-month period and no such license shall be issued for more than four consecutive calendar days. Each license shall allow the “garage sale” between the hours of 8:00 a.m. and 8:00 p.m. on the days that such license is in effect.
(b) Provided; however, that upon showing that the sale is being conducted to sell items belonging to a recent decedent of the residence where the sale is being held an additional license may be issued during the 12 month period. A certified copy of the death certificate and proof of residency must be provided at the time of application.
(c) Each license issued under this article must be prominently displayed on the premises where the garage sale is conducted throughout the entire period of the licensed sale.
(Ord. 3436, passed 5-24-1999; Ord. 3785, passed 12-13-2010)
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