(A) Contracts for Installation and Maintenance; Board Authority: The Board shall have the authority to enter into contracts that grant to one or more persons, subject to the conditions set forth in the contract and this Section the privilege of installing and maintaining pay telephones in the public way. Any such contract must be approved as to form and legality by the Village Attorney. In the administration of this Section, the Board shall consult and cooperate with all appropriate Village Departments. The Board may at any time cause to be advertised a request for proposals relating to such contracts.
(B) Terms of Contract: Such contracts and the method of awarding such contracts shall, to the greatest extent possible, be designed to:
1. Discourage illegal drug sales and other related criminal activity that are sometimes associated with and facilitated by pay telephones in the public way;
2. Reduce the disturbances that pay telephones may tend to promote in residential areas;
3. Reduce visual clutter in the public way;
4. Reduce the unnecessary obstruction of pedestrian and vehicular traffic;
5. Ensure the availability of pay telephones where they are needed for lawful purposes;
6. Provide adequate access to pay telephones by disabled persons; and
7. Generate revenue for the Village.
(C) Certificate of Service Authority Required: Any contract entered into pursuant to this Section shall provide that the privileges granted by the contract are subject to the Village Board's authority to order the removal of a pay telephone pursuant to subsection (F) of this Section. Any such contract shall also permit the Village Board or the Mayor to require pay telephones in the public way to have special features designed to reduce criminal activity. In addition, the contract must provide that the Board members must be notified of the location of any pay telephone that is to be situated in the public way in his or her ward pursuant to this Section. No person shall be awarded a contract under this Section unless the person has a valid certificate of service authority to provide pay telephone service granted by the Illinois Commerce Commission.
(D) Compliance with Contract: No person may install a pay telephone in the public way on or after the effective date of this Section unless installation is made pursuant to a contract entered into under this Section. Beginning May 1, 1994, no pay telephone may remain in the public way other than pursuant to a contract entered into under this Section. Any pay telephone installed or maintained in violation of this subsection shall be subject to immediate removal at the owner's expense by the City.
(E) List of Telephone Locations: No later than thirty (30) days after the effective date of this Section, every person who owns or maintains a pay telephone in the public way must file with the Mayor a list of the locations of all such telephones owned or maintained by that person. Any pay telephone in the public way that does not appear on such a list shall be subject to immediate removal at the owner's expense.
(F) Removal by Order of the Board: The Village Board may at any time after May 1, 1994, or at any time after the effective date of this Section if pursuant to a contract under this Section, by ordinance order the removal of a particular pay telephone that is in the public way. Any pay telephone that is not removed within fourteen (14) days after an ordinance ordering its removal is adopted shall be subject to immediate removal at the owner's expense by the Village.
(G) Reclamation by Owner; Payment of Costs: Any pay telephone removed by the Village pursuant to this Section may be reclaimed by its owner within thirty (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.
(H) Penalty: Any person who installs or maintains a pay telephone in violation of this Section shall be subject to a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200.00) for each offense. Each day that the violation continues shall constitute a separate offense.
(I) Definitions: As used in this Section:
PAY TELEPHONE: Any self-service or coin or credit card operated telephone.
PUBLIC WAY: Any sidewalk, parkway, road, street, highway, alley, lane, court, structure, place, trail and/or bridge under the control or responsibility of the Village or constructed or erected for the use and/or benefit of the public.
(J) Authority of Mayor: The Mayor, subject to the advice and consent of the Village Board, shall have the authority to promulgate rules and regulations to implement this Section.
(K) Not Applicable to Interstate Commerce: No provisions of this Section or any contract issued pursuant to this Section may be applied to any transaction in interstate commerce to the extent to which such business may not, under the Constitution and statutes of the United States, be made the subject of regulation by the Village. (Ord. 94-11, 3-23-94)