(a) The Director shall have the authority to enter into contracts that grant to one or more owners the privilege of installing and maintaining outdoor pay telephones in public rights-of- way or on public property, subject to the terms and conditions set forth in the contract and this section. The Director shall enter into these contracts through the use of competitive proposals, with the selection to be made by Council upon nomination of the Director.
(b) Any contract entered into pursuant to subsection (a) hereof must include the following:
(1) The Director shall approve the location of any outdoor pay telephone to be installed and maintained pursuant to the contract. In determining whether to approve the installation and maintenance of an outdoor pay telephone at a particular location, the Director shall consider the following factors:
A. Possible obstruction of pedestrian and vehicular traffic;
B. The existence of or lack of other pay telephones in the vicinity of the proposed location on public or private property;
C. The size of the telephone and any booth, stand, or pole accompanying the telephone;
D. The ability to provide access to the outdoor pay telephone by disabled persons;
E. The proliferation of visual clutter if the outdoor pay telephone is installed in the proposed location; and
F. Such other factors as are delineated in the contract.
In addition, the Director shall notify the Chief of Police, and the Director of Public Service of the proposed installation of the telephone and inquire whether these officials know of any reason why the installation of the outdoor pay telephone should not be approved.
(2) Any outdoor pay telephone installed and maintained in accordance with the contract must:
A. Be well-lighted at all times;
B. Must allow a "direct dial" of 911 without the need to first use a coin or a credit card or the need to dial the operator;
C. Have a functioning coin return mechanism;
D. Have affixed in a readily visible place a notice setting forth the name of the owner, the owner's telephone number for repair and the telephone number or serial number of the outdoor pay telephone;
E. Be maintained in a properly functioning, clean, neat and attractive condition, free of rust and free of danger of electrical shock; and
F. Not be used for advertising signs or publicity of any sort.
(3) The owner of each outdoor pay telephone shall hold the City harmless from any and all liability, for any reason whatsoever, occasioned upon the installation and use of such telephone, other than liability arising from any negligent act or omission which is solely attributable to the City, and shall furnish, at said owner's expense, such general commercial liability insurance as shall protect said owner and the City from all claims for damage to property or bodily injury, including death, which may arise from installation, maintenance and operation of the telephone or in connection therewith. Such policy shall name the City as an additional insured, shall be in an amount to be determined by the Director but not less than one hundred thousand dollars ($100,000) combined single limit for any injury to persons and/or damage to property, and shall provide that the insurance coverage shall not be canceled or reduced by the insurance carrier without thirty (30) days prior notice to the City. A certificate of such insurance shall be provided to the Director at the time of execution of the contract and shall be maintained before and during the installation of any telephone in accordance with the contract and throughout the period that the contract for any telephone is in effect.
(4) Upon request of a member of Council or upon receipt of citizen complaints concerning an outdoor pay telephone, the Director of Public Safety or his designee shall conduct an investigation into whether the installation and maintenance of the outdoor pay telephone constitutes a public nuisance.
Upon a determination by the Director of Public Safety that a particular outdoor pay telephone which has been installed and maintained in accordance with the contract constitutes a public nuisance, the Director shall order that the telephone be removed or, provided the Director of Public Safety concurs, that such special telephone service features as are acceptable to the Director shall be provided by the outdoor pay telephone. A particular outdoor pay telephone shall constitute a public nuisance when the Director of Public Safety determines that one or more of the following conditions exist:
A. The outdoor pay telephone has been used in the commission of illegal drug transactions or other criminal activity;
B. The existence of the outdoor pay telephone has resulted in the congregation of persons who have made loud noises and other disturbances that have disrupted persons residing near the telephone or disrupted business enterprises located near the telephone; or
C. The existence of the outdoor pay telephone has resulted in the congregation of persons who have interfered with pedestrian or vehicular traffic in the public right-of-way near the telephone;
D. Usage of the outdoor pay telephone between the hours of 9:00 p.m. and 5:00 a.m. is significantly and repeatedly above normal usage for similarly situated outdoor pay telephones during the same hours so as to indicate that the telephone is being used in the commission of illegal drug activity or other criminal activity.
(5) Any outdoor pay telephone installed or maintained in violation of the contract and the requirement of this chapter shall be subject to an order issued by the Director of immediate removal at the owner's expense. The owner shall remove the outdoor pay telephone within five (5) working days of an order to remove the telephone and shall restore the public right-of- way or public property to its original condition. Any outdoor pay telephone which is not removed within five (5) working days of an order to remove the telephone shall be subject to immediate removal by the City at the owner's expense and shall constitute a default of the owner's contract. The owner must reimburse the City for the cost of removing and storing the telephone before the telephone may be reclaimed by the owner. Such costs shall also include the cost of removing any installation ancillary to the outdoor pay telephone and the cost of restoring the public right-of-way or public property to its original condition.
(6) If the total number of outdoor pay telephones in an area must be reduced in order to abate a public nuisance declared by the Director of Public Safety pursuant to subsection (b)(4) hereof, the determination as to the order in which an outdoor pay telephone or telephones must be removed shall be based upon the total period of time that a telephone has been either registered with the City pursuant to Section 767.04 or placed pursuant to a contract with the City entered into pursuant to Section 767.03, with the telephone with the shortest registration period or placement period being removed first.
(Ord. 1996-56. Passed 6-18-96.)