(A) Any pay telephone lawfully installed pursuant to this chapter must be maintained by the owner/operator of the pay telephone in good working order, free of graffiti and non-related advertising, and in compliance with all Village ordinances, codes, rules and regulations. Graffiti or non-related advertising must be removed within 5 working days of notice from the Village that such graffiti or advertising has been placed on a pay telephone or pay telephone equipment. Any pay telephone or equipment that is not maintained in accordance with this division is hereby declared to be a public nuisance pursuant to division (B) below.
(B) Any pay telephone not lawfully installed or maintained pursuant to this chapter is hereby declared to be a public nuisance. In addition, any pay telephone that is the subject of a report from the Chief of Police in which the Chief reports the pay telephone is being used to facilitate the selling of narcotics, gang loitering or to facilitate any other criminal activity or activity prohibited by the Village Code, may be declared by the President and Board of Trustees to be a public nuisance. All pay telephones found to be a public nuisance are subject to summary abatement in conformance with § 92.22 of this Code. In addition, no pay telephone declared a public nuisance as a result of this chapter 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. A representative of the Village may enter upon any private property within the Village that he or she has reason to believe contains a pay telephone that constitutes a nuisance by being in violation of this chapter, for the purpose of placing upon the telephone a notice that the telephone is subject to removal within 7 days. Where the pay telephone lists no information as to who the owner/operator is, or lists inaccurate information, the Village shall not be obligated to provide mailed notice to the owner/operator, and may satisfy the summary abatement requirements by posting a notice on the pay telephone itself and by serving a notice on the occupant, if any, of the property on which the pay telephone exists. Any procedures and enforcement action pursuant to this section may be pursued in conjunction with or independent of and in addition to any other remedies specified in this chapter, Code, or state law.
(Ord. C0-07-08, passed 3-8-2007)