(A) No person may install or maintain a pay telephone in the public way on or after the effective date of this chapter. Beginning July 1, 2007, no pay telephone may remain in the public way. The Village Manager may contract for the removal of pay telephones illegally installed or maintained in the public way. Any telephone installed or maintained in violation of this section shall be subject to immediate removal at the owner's expense by the Village. However, in the case of a telephone deemed to be in the public way as the result of this chapter, no such pay telephone shall be removed until at least 7 days after a representative of the Village has affixed a notice on the telephone stating that it will be subject to removal within 7 days, and in no event shall such telephone be removed before July 1, 2007. In addition, no such telephone shall be removed until at least 7 days after the Village has sent, by certified mail, a notice to the owner/operator listed on the pay telephone, informing the owner/operator of the upcoming removal. Where the pay telephone lists no such information, or lists inaccurate information, the Village shall not be obligated to provide mailed notice.
(B) Any pay telephone removed by the Village pursuant to this section may be reclaimed by its owner within 30 days after its removal. The owner must reimburse the Village 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 way to its original condition. Any telephone not so reclaimed may be disposed of as unclaimed property.
(C) For purposes of this section, a pay telephone will be considered in the public way if:
(1) Any portion of the telephone or its enclosure is situated on or projects or hangs over the public way; or
(2) The telephone is so situated that it can be used by a person standing on the public way.
(Ord. C0-07-08, passed 3-8-2007)