For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. A Pay Telephone that has been nonoperative for a period of 30 continuous days or has been installed without having the requisite installation permits and/or license agreements shall be deemed Abandoned, except in the case of Pay Telephones which are intentionally turned off during property renovation.
ADJACENT PROPERTY OWNER. Any owner of property which is within 75 feet of the proposed location for the installation of a Pay Telephone.
CITY. The City of Hollywood, Florida, as geographically described in the City Charter.
INSTALL. To construct, reconstruct, build , locate or relocate Pay Telephones in, upon, along, across, above, over, under and through Public Property and the Public Rights-of-Way.
INSTALLATION PERMIT. The permit that the Qualified Provider shall obtain from the Building Division prior to the installation of a Pay Telephone.
INSTALLATION PERMIT APPLICATION FEE. A one-time nonrefundable permit fee in an amount to be set by Resolution of the City Commission for the purpose of defraying the administrative expenses associated with the processing, approval and issuance of the Installation Permit.
LICENSE AGREEMENT (or LICENSE). A document signed by a Qualified Provider and the City Manager or his/her designee, by which a privilege is granted by the City to authorize a Person to make application for an Installation Permit Fee to use the Public Property and Public Rights-of-Way for the operation of Pay Telephones and which contains an agreement to abide by the conditions contained in this chapter and other such matters required by the City Manager or his/her designee and the City Attorney.
LICENSE AGREEMENT APPLICATION FEE. A one-time administrative processing fee established by Resolution of the City Commission for the purpose of defraying expenses for administrative review, approval and issuance of a License Agreement.
LICENSE FEE. A fee established by Resolution of
the City Commission for the purpose of establishing the compensation to be paid by the Qualified Provider for use of the Public Property or Public Rights-of-Way for each Pay Telephone installed and maintained.
NUISANCE. Any activity which may be abated pursuant to the procedures contained in chapter 101 of this code.
OPERATE. To use, maintain, repair, dismantle, reconstruct, provide services and derive revenues from a Pay Telephone in, upon, along, across, above, over, under and through Public Property or the Public Rights-of-Way.
PAY TELEPHONE. Any self-service telephone operated by coin, credit card or prepaid phone card, available for use by the public including, but not limited to, those located in, upon, across, above, along, under,
over, or through Public Property or on a Public Right-of-Way in the city. This term includes enclosures, structural support and mounting equipment.
PERMIT DECAL. A sticker, which shall be issued by the City and be affixed to each Pay Telephone which has received the approval of the City to be placed on Public Property or within the Public Rights-of-Way.
PERSON. Any individual, domestic or foreign corporation, association, syndicate, partnership of any kind, proprietorship, joint venture, or other organization or group of persons engaged in any business subject to the provisions of this chapter.
PUBLIC PROPERTY. Real property owned or leased by the city.
RIGHTS-OF-WAY. Any public street, highway, sidewalk, swale or alley.
QUALIFIED PROVIDER. Any person who is a party to a license agreement with the city for the installation, maintenance and use of a Pay Telephone in accordance with the provisions of this chapter.
SUBSTANTIAL CRIMINAL ACTIVITY. Occurs when a location constitutes a Nuisance as defined in chapter 101 of this code and is within the same block on either side of the street where a Pay Telephone or proposed Pay Telephone.
THREAT TO THE PUBLIC HEALTH, WELFARE AND SAFETY. Means the existence of Substantial Criminal Activity as defined above and/or exposure of the
public to personal injury and/or property loss damage when such exposure is directly related to the presence of a Pay Telephone.
USE OF PUBLIC PROPERTY OR RIGHTS-OF-WAY. For the purposes of this chapter, this term shall mean the construction, reconstruction, installation, reinstallation, operation, maintenance, dismantling, repair, and use of Pay Telephones in, upon, along, across, above, over, under and through Public Property or Rights-of-Way.
(Ord. O-96-48, passed 11-6-96; Am. Ord. 0-99-37, passed 11-3-99)