Pay telephones located on private property are subject to the following restrictions and regulations:
(A) No outdoor pay telephones may be located within 1,000 feet of the real property comprising any school, school buildings, grounds, or athletic fields, daycare facilities, library buildings, public recreational buildings, facilities and property, public parks, residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, or public park, real property comprising any church, synagogue, or other building, structure, or place used primarily for religious worship, on the real property comprising any of the following places, buildings or structures used primarily for housing or providing space for activities for senior citizens: nursing homes, assisted-living centers, senior citizen housing complexes, or senior centers oriented toward daytime activities.
(B) No outdoor pay telephone may be located on any property within the Village that is subject to a residential zoning classification or on any vacant property.
(C) All pay telephones within the Village limits that are permitted to be located outside must be restricted to emergency 911 calls only.
(D) Pay telephones may be installed and maintained within the interior of any building, including those identified in division (A) above.
(E) No person may install a pay telephone outside on private property on or after the effective date of this section unless the installation will not be in violation of any of the above prohibitions. Determinations of whether a pay telephone is allowed under this section may be requested from the Office of the Village Manager. Upon submittal of a written request for such a determination, the Village Manager shall make a determination and provide a written response within 14 days.
(F) Beginning July 1, 2007, no pay telephone may remain outside on private property in a prohibited area or where it is otherwise in violation of this section. Any existing pay telephone that is in violation of this section shall be removed by its owner, operator, or owner of the real property on which the pay telephone is located prior to July 1, 2007. Any telephone installed or maintained in violation of this section shall be subject to immediate removal by the Village at the owner’s expense. However, in the case of a telephone deemed to be in a prohibited location as the result of this chapter, or that was otherwise in compliance prior to 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. The Village Manager may contract for the removal of pay telephones illegally installed or maintained outside on private property.
(G) 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 property from which it was removed to its original condition. Any telephone not so reclaimed may be disposed of as unclaimed or surplus property.
(Ord. C0-07-08, passed 3-8-2007)