(A) Purpose. The purpose of this section is to promote public health, safety, welfare and convenience through the regulation of the placement, type, appearance, servicing and insuring of pay telephones on public properly and in the public rights-of way so as to:
(1) Provide the public with adequate, functional, well-maintained and reliable pay telephones in convenient locations throughout the city, while eliminating use of pay telephones for illegal purposes.
(2) Provide for safety of pedestrians, drivers and users, and for user convenience by regulating the location, relocation, replacement and removal of pay telephones which: obstruct drivers' line of sight; are a visual blight; take up excessive space in or on public property and the public rights-of-way; unreasonably detract from the aesthetics of the adjoining neighborhood, adjacent landscaping or other improvements; are in disrepair, nonfunctional or have been abandoned by their owners; or unreasonably interfere with the flow of pedestrian or vehicular traffic.
(3) Provide for the safety of the public and property during severe windstorm conditions;
(4) Reduce unnecessary exposure of the public to personal injury, property damage or unlawful activities.
(5) Standardize the appearance and condition of pay telephones on public property and rights-of-way throughout the city.
(6) Provide the city with compensation for occupancy and use of its public property and rights-of-way; and
(7) Provide the city with compensation for the cost of administration required by this chapter.
(B) Definitions.
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, 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 Engineering 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 approved by resolution of the City Commission by which a privilege is granted by the city to authorize a person to make application for an installation permit 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 FEE. A fee for the purpose of 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 as defined in § 33.130(B) (1), as presently written or as amended from time to time, of the Pompano Beach Code of Ordinances.
OPERATE. To use, maintain, repair, dismantle, reconstruct, provide services or 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, electronic card or prepaid phone card, available for use by the public including, but not limited to, those located in, upon, across, along, over or through. Public property or on a public right-of-way in the
city. This term includes enclosures, structural support and mounting equipment.
PAY TELEPHONE INSTALLATION. Any pay telephone, or grouping of pay telephones located immediately adjacent to each other which are owned or operated by the same qualified provider.
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.
PUBLIC 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 § 33.130(B)(1), as presently written or as amended from time to time, of the Code of Ordinances and is within 100 feet on either side of the street where a pay telephone or proposed pay telephone is located.
THREAT TO THE PUBLIC HEALTH, WELFARE AND SAFETY. Means the existence of substantial criminal activity as defined above and/or the exposure of the public to personal injury and/or property loss or damage when such exposure is 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, re-installation, operation, maintenance, dismantling, repair, and use of pay telephones in, upon, along, across, above, over, under and through public property or rights-of-way.
USE OF PUBLIC PROPERTY AND
PUBLIC RIGHTS-OF-WAY
FOR PAY TELEPHONES
PUBLIC RIGHTS-OF-WAY
FOR PAY TELEPHONES
(C) License agreement and installation permit required.
(1) License agreement and installation permit required. No person may use public property or rights-of-way of the city for the installation and maintenance of pay telephones without having first executed a license agreement, and obtained the necessary installation permits) as provided in this chapter.
(2) Nonexclusivity. Unless otherwise provided, a license agreement shall confer a nonexclusive right to use the city's public property or rights-of-way for the installation and maintenance of pay telephones.
(3) Duration. A license agreement shall continue in full force and effect for the term stated therein, so long as the qualified provider is in compliance with this chapter and with all applicable federal, state and local ordinances and regulations, and the space occupied is not needed for any public purpose.
(4) Location. A pay telephone shall be installed and maintained only at the location authorized under the installation permit. An installation permit is required for each pay telephone and the installation permit shall identify the pay telephone licensed, its location and the phone numbers.
(5) Other city approvals. Before commencing installation of a pay telephone under this chapter, the qualified provider must obtain all permits and approvals necessary under state, local and federal law, including but not limited to approvals by the Building, Engineering, Zoning and the Police and Fire Departments of the city.
(6) Existing installations with city agreements. Within 30 days of the effective date of this section, all existing license agreements regarding the use of public property or rights-of-way for the location of pay telephones will be terminated and all vendors will be required to re-apply for a license agreement, as well as an installation permit for each pay telephone, in accordance with this chapter.
(7) Existing installations where no agreement exists with the city. A license agreement shall be required in accordance with this chapter, and all provisions of this code must be complied with, including the application process. Any pay telephone located on public property or within the rights-of-way after the effective date of this chapter, for which no license agreement and installation permit(s) is/are obtained, will be deemed abandoned and subject to the removal and enforcement provisions of this chapter.
(D) Requirements for application for license agreement. A qualified provider must be prepared to comply with the following requirements:
(1) Submit a proposal or letter of interest outlining the specific details of phone placement, locations, services, configurations, appearance and the business terms and conditions.
(2) Provide the City Manager or his/her designee with any requested information, including, but not limited to location, maps, plans and specifications.
(3) Pay the nonrefundable installation permit application fee as provided herein.
(4) Provide proof of financial responsibility by posting a bond as required hereunder.
(5) Provide a current certificate of insurance as provided hereunder.
(6) Provide evidence that all necessary approvals from all appropriate city agencies have been obtained; and
(7) Otherwise comply with the terms and conditions of this chapter.
(8) Obtain City Commission approval of the license agreement.
(E) Installation permit required.
(1) Once a qualified provider has obtained authority under an executed license agreement, it may apply for installation permit(s) to install and maintain pay telephones on public property and rights-of-way. Such application shall be made on forms provided by the City Manager or his/her designee and shall be accompanied by the information and documentation set forth in subdivision (b) below. The City Manager or his/her designee shall determine whether the installation complies with this chapter and with the application. Any pay telephone located on public property or within the rights-of-way for which no installation permit is obtained, will be deemed abandoned.
(2) At the time of application for an installation permit(s), a qualified provider shall submit the following:
(a) A survey and/or site drawing, along with a photograph, showing the exact location of each proposed pay telephone; and
(b) The survey and/or site drawing shall include measurements of, but not limited to:
1. The width of the sidewalk;
2. The distance from private property;
3. The width of the sidewalk left unobstructed for pedestrian use;
4. The distance from the intersection, driveways or bus stops; and
5. Other measurements necessary to insure compliance with the Americans with Disabilities Act requirements.
(c) The estimated date for installation of each pay telephone; and
(d) The name of the contractor/ electrician/installer of the pay telephones.
(e) The application shall be approved by all relevant departments of the city including, but not limited to, the Planning and Zoning Department, Police Department, Fire Department, Engineering Department and Finance Department.
(f) A fully executed license agreement.
(g) A signed and sealed affidavit from a Florida licensed engineer certifying that the wind load factor standards have been complied with for each pay telephone located on public property or rights-of-way.
(h) Installation permit application fees of $60.00 for each telephone.
(F) Cancellation of license.
(1) Right to cancel. A license agreement entered into with any qualified provider for the privilege of using public property or the rights-of-way for the installation and maintenance of pay telephones may be canceled by the City Commission at any time at a regularly scheduled or specially set Commission meeting. Written notice of the cancellation agenda item must be provided to the qualified provider 30 days before the scheduled Commission action, to permit the qualified provider an opportunity to participate in said proceeding. Notice 30 days before the City Commission action must be provided. Prior written notice of the violation and seven days to cure any violation following receipt of such notice must be furnished to the qualified provider. Grounds for cancellation of the license agreement shall include violation of the terms of the license agreement , or violation of any ordinance of the city or law of the state pertaining to, regulating or licensing such qualified provider, or for any action taken by said qualified provider which threatens the public health, welfare and safety.
(G) Removal and enforcement.
(1) Upon license agreement cancellation. In the event any license agreement shall be canceled or shall expire, any pay telephone authorized under said license agreement shall be treated as if it were abandoned and it shall be removed from the public property or rights-of-way by the qualified provider at his/her own expense. The property shall be restored to its original condition, to the reasonable satisfaction of the City Engineer.
(2) Upon request of city. Temporary or permanent request. A qualified provider shall temporarily or permanently protect, support, disconnect, relocate, or remove any of its property, at its sole cost and expense, when required to do so in writing by the city because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes; vacation or relocating of streets or any other type of structure or improvement, or any other situation that might require the protection of the public health, safety or welfare. The qualified provider shall execute an acknowledgment of the city's written request; however, failure to do so does not negate the qualified provider's obligation to comply with the written request.
(3) Voluntary removal. If a qualified provider desires to voluntarily remove a pay telephone, it shall notify the City Manager or his/her designee, in writing, and shall obtain approval of the city prior to removal. Removal shall be at the city's sole discretion but will not be unreasonably withheld. Upon said approval, qualified provider shall completely remove the pay telephone, and restore the public property or rights-of-way to its original condition at its own expense to the reasonable satisfaction of the City Engineer.
(4) Abandonment. If a qualified provider does not voluntarily remove a pay telephone which is determined to be abandoned as defined herein, the city shall notify the qualified provider, in writing, given seven days to remove the identified pay telephone. If the pay telephone is not removed within the seven day notice period, the city shall remove it and put it temporarily in storage. The qualified provider shall be responsible for paying the city its actual costs associated with the removal, storage and restoration of the property to its original condition. If the qualified provider does not pay any costs of removal, reclaim its property and obtain possession within 90 days, the city shall consider the pay telephone surplus material and dispose of it appropriately.
(5) Nonconforming pay telephones. Sixty days after the effective date of this section and any time thereafter, any pay telephone in violation of any provision of this chapter and its qualified provider shall be subject to removal by the city after notification to the qualified provider giving seven days written notice to correct the violation or remove the pay telephone. If the pay telephone is not placed in conformity or removed within the seven days, the city shall remove it, and put it temporarily in storage. The qualified provider shall be responsible for paying the city its actual costs associated with the removal, storage and restoration of the property to its original condition. If the qualified provider does not pay any costs of removal, reclaim its property and obtain possession within 90 days, the city shall consider the pay telephone surplus material and dispose of it appropriately.
(6) Costs. The city shall bear no cost or expense for removal, relocation or disconnection of any pay telephone or for the restoration of any rights-of-way disturbed by the removal of any pay telephone. Such costs and/or expenses shall be borne by the qualified provider, and shall be determined by the city's Utilities Director or his designee for any costs accrued by the city for removal, relocation or disconnection.
(H) Restoration of rights-of-way. A qualified provider shall restore, at its own cost and expense, the surface of any public property or rights-of-way that has been disturbed, damaged or injured on account of its activities to as good condition as such property was in, immediately prior to such damage. Restoration shall comply with the city's standard specifications for the condition of its rights-of-way.
(I) Adjacent property owners. Consent to trimming. A qualified provider shall obtain the written permission of a property owner, including the city, before it trims or prunes any tree or other vegetation growing on the property which abuts the pay telephone.
(J) City's reservation of certain rights.
(1) Exclusivity. The city reserves the right, to the extent permitted by law, to seek application for and to grant an exclusive license agreement for the exclusive right to install, use and maintain pay telephones in any of its public property or rights-of-way.
(2) Long-distance carrier. To the extent permitted by law, the city reserves the right to choose the long-distance carriers on any of the pay telephones on public property or rights-of-way.
(3) Restricted pay telephones. To the extent permitted by law, the city reserves the right to determine which pay telephones on public property or upon public rights-of-way, are restricted to outgoing calls only. Any qualified provider shall comply with any such designation of a pay telephone by the city.
FINANCIAL TERMS AND CONDITIONS
(K) Nonrefundable installation permit application fee. Any person applying for the issuance of an installation permit(s) to install and maintain a pay telephone shall pay a one-time nonrefundable installation permit application fee of $60.00 for each telephone to be installed. The fee is assessed for the purpose of defraying the administrative expenses associated with approval, processing, and issuance of an installation permit(s). The installation permit application fee is in addition to, but not in lieu of, any other fee due hereunder.
(L) License fee. After satisfactory completion of the license agreement application process, execution of a license agreement and completion of the installation permitting process, a qualified provider shall pay to the city the license fee which shall be established by resolution of the City Commission.
(M) reporting.
(1) A license fee shall be paid monthly on the 15th day following the end of the month as reported on the appropriate form provided by the city.
(2) Fees not paid by the 15th day after the end of the month shall bear interest at the simple rate of 1% per month.
(3) In the event any license fees due in accordance with the terms of this chapter are not paid within 60 days after the due date, the city may cancel the license agreement.
(4) The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable.
(5) Nothing in this subchapter shall be construed to limit the liability of the qualified provider for all applicable federal, state and local taxes.
(N) Financial responsibility.
(1) Application requirement. All persons applying for a license agreement shall demonstrate financial responsibility in the form of a bond:
(a) With a surety or trust company or companies acceptable to the city's Director of Financial Services;
(b) Naming the city as a named additional insured;
(c) With an expiration date no earlier than six months after the expiration of the license agreement; and
(d) The bond shall be in the full principal amount as set forth below per qualified provider for the purpose of protecting the city from and against any and all damages or costs suffered or incurred including, but not limited to: compensation and payment of past due fees; attorney's fees and costs in action or proceeding; cost of removal or other damages resulting from abandonment, failure to repair, or failure to pay appropriate fees, liens, and taxes or to deliver proof of renewal of the bond for the next license agreement term. The bond amount requirements are as follows:
1 to 10 pay telephones $ 5,000.00
11 to 20 pay telephones $ 7,500.00
21 to 30 pay telephones $10,000.00
above 30 pay telephones $20,000.00
(2) Renewal. Proof of continuation of such bond shall be required before any license agreement will be renewed and must be kept in full force and effect during the entire term of any license agreement. Failure to keep the bond in full force and effect shall be cause for the license agreement to be canceled.
(3) No exculpation. No provision of this section nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed as excusing the faithful performance by or limiting the liability of any qualified provider under this chapter.
(O) Indemnity and insurance.
(1) Insurance. Prior to the issuance or renewal of a license agreement, every qualified provider shall furnish to the City Manager or his/her designee a current certificate of insurance for comprehensive liability and property damage showing insurance to be in effect in the principal amount of $1,000,000, naming the city as an additional named insured and require that the city's Risk Manager be notified thirty calendar days in advance of cancellation of the policy. The city shall be named as a party to be notified in the event of cancellation of the policy. Reasonable evidence of equivalent self-insurance coverage may be substituted by the qualified provider for the above certificate, subject to the approval of the Risk Manager and City Attorney. Insurance shall run continuously with the use of public property or rights-of-way, and any termination or lapse of such insurance shall be a violation of this chapter. The qualified provider shall also submit documentation relating to workers' compensation coverage.
(2) Indemnification/hold harmless. The license agreement shall include an unconditional indemnity and hold harmless agreement by the qualified provider in form and. substance satisfactory to the City Attorney. The city shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of any pay telephone installed and maintained on public property or rights-of-way.
TECHNICAL STANDARDS
(P) Location and placement of pay telephones. The issuance of an installation permit under this chapter shall be subject to approval by the City Manager or his/her designee and shall conform to the following requirements.
(1) No obstruction.
(a) It shall not result in any interference with the flow of pedestrians, wheelchairs or vehicular traffic; not interfere with traffic signs or signals, hydrants or. mailboxes and shall allow ingress to and egress from any residence and place of business.
(b) It shall not be located within ten feet of any pedestrian crosswalk, fifteen feet on either side of a bus stop sign, ten feet of a taxi stand or counter window, fifteen feet of an intersection, ten feet of a driveway, or within ten feet of any fire hydrant, fire call box, police call box or other emergency facility.
(2) Secure from windstorm damage. Pay telephones shall be secured so as to withstand the wind load factor established by the Florida Building Code, or any superceding Code, and as amended from time to time, but shall not be chained or otherwise secured to any traffic or street signs, signals, hydrants, mailboxes or other street amenities.
(3) Criminal activity.
(a) A pay telephone shall not be installed or operated within 100 feet on either side of any street in any location where there is substantial criminal activity as defined above.
(b) Upon a finding by the Chief of Police or his designee that the location or use of a pay telephone constitutes a threat to the public health, welfare and safety, the City Manager or his designee may at his discretion:
1. Revoke the installation permit and cancel the license agreement pursuant to § 100.51(A) of this chapter and the pay telephone shall be treated as if abandoned, or;
2. Request that the pay telephone be restricted to outgoing calls only. At the city's sole discretion, the incoming call restriction may be placed on any phone at any time including the initial installation. Any such restricted telephone shall then be provided with a sign, sticker or other notice by the qualified provider, adequate to inform the public of its outgoing call restricted status.
(4) Minimum distance. As measured in any direction, no pay telephone installation shall be installed within 300 feet of any other outdoor pay telephone Installation which is accessible to the public 24 hours per day.
(5) Residential restrictions. A pay telephone shall not be installed in a Single- Family Residential District, as described in Part 2 of Article 3 of Chapter 155 of the Zoning Code of the City, as amended.
(Q) Permit denial. The effect of a denial for an installation permit for a particular location is that no application for an installation permit at that location will be considered for a period of 24 months from the date of the denial.
(R) Standards for maintenance, placement and operation. Pay telephones shall comply with the requirements of all applicable federal, state and local laws, including the applicable provisions of the Americans with Disabilities Act of 1992, as amended from time to time, and the accessibility guidelines published in accordance thereto and with the following standards:
(1) Enclosures surrounding pay telephones shall not exceed eight feet in height, four feet in width or four feet in depth and shall be lighted as required by § 25-24.515(1), FAC, as amended. Pay telephones and their surrounding enclosures must be secured to the ground on a paved surface or concrete pad.
(2) Coin operated pay telephones shall be equipped with coin return mechanisms to permit a person using them to secure an immediate refund when there is a busy signal or no answer to a call placed. The coin return mechanism shall be maintained in good working order and not restricted in any manner.
(3) Each pay telephone shall have affixed to it, in a place visible to everyone using it, the name and address of the qualified provider and the telephone number of a working telephone service to report a malfunction or to secure a refund.
(4) The design of all pay telephone enclosures, including signage and advertising, shall be subject to the approval of the City Manager or his/her designee.
(5) Pay telephones, including the enclosure and supporting structure, shall be maintained in a neat and clean condition and in good repair at all times. Maintenance and service shall include, but not be limited to the following:
(a) All visible painted areas shall be kept reasonably free of chipped, faded, peeling and cracked paint.
(b) All visible unpainted metal areas shall be kept reasonably free of rust and corrosion.
(c) All parts shall be kept unbroken and reasonable free of cracks, dents, graffiti, blemishes and discoloration.
(d) All paper or cardboard parts or inserts shall be kept reasonably free of tears, peeling or fading.
(e) The structural parts shall not be broken or unduly misshapen.
(f) All telephone receivers shall be kept attached to the telephones.
(6) A qualified provider may, within 30 days after proper written request to the City Manager or his/her designee, seek permission from the Public Service Commission to restrict the pay telephone to outgoing calls. Qualified provider shall restrict the calls to outgoing calls within ten days after receiving permission from the Public Service Commission to do so. A qualified provider of any such telephone shall then provide on any such restricted telephone a sign, sticker or other notice adequate to inform the public of its outgoing call restricted status.
MISCELLANEOUS PROVISIONS
(S) Police powers. Nothing in this chapter nor in any license agreement issued in accordance herewith shall be construed as an abrogation by the city of any of its police powers.
(T) Interpretation.
(1) Unless otherwise herein repealed or specifically excepted, changed or differentiated, all qualifying or regulatory ordinances of the city applicable to or affecting any of the persons or agreements covered by this chapter shall be and remain in full force and effect.
(2) Nothing in this chapter shall be construed as a representation, promise or guarantee by the city that any other permit or other authorization required under any city ordinance for the installation of pay telephones shall be issued. The requirements for any and all other permits as may be required by any city ordinance shall still apply and all other applicable fees shall still be due.
(3) All documents referred to in this chapter axe subject to approval as to form by the City Attorney.
(U) Transfers; assignments.
(1) A license agreement is not transferable or assignable by a qualified provider except if it is made as a general assignment of the qualified provider's entire assets or a pledge of the assets as collateral on a loan, without prior written consent of the City Manager or his/her designee. For the purposes of this section, a merger or consolidation of the qualified provider with another company shall not be deemed a transfer or assignment.
(2) The qualified provider shall provide written notification to the city within 30 days of any proposed sublease, license, or other agreement it enters into with any person authorized to use, lease or license any or all of the qualified provider's facilities and shall furnish the name, address and telephone of sublessee, licensee or other user.
(V) Service of notice.
(1) All notices required to be given under any provision of this chapter shall be deemed served when sent through the U.S. mail, certified, return receipt requested postage prepaid, or, delivered by hand in writing during normal business hours to:
To the qualified provider:
At the office or place of business designated in the license agreement.
To the City:
City Manager
City of Pompano Beach
100 West Atlantic Boulevard
Pompano Beach, Florida 33060
With a copy to the City Attorney
(W) All existing pay telephones shall comply with the requirements of this section within 30 days of this section’s effective date. Any pay telephone not in compliance by said date shall be subject to the removal and enforcement provisions of this section and shall be considered abandoned.
(Ord. 2000-57, passed 5-9-00; Am. Ord. 2002-21, passed 1-8-02; Am. Ord. 2013-35, passed 1-8-13)