(1)
Prohibited Conduct. No person shall erect, install or
maintain a public telephone booth on any sidewalk as defined in § 11-101(4)
of this Code except as authorized in this Section.
(2)
Permits.
No person shall erect, install or maintain a public telephone booth unless he
has obtained a permit from the Department of Licenses and
Inspections.
(a) No permit shall be issued unless:
(.1) the
applicant submits a plan specifying the precise location of the booth and the
size, shape, type of construction and materials of such
booth;
(.2) the plan has been approved by the Department of Streets
and the Police Department as to location of the booth, such approval to be
withheld if the maintenance of a booth at the proposed location will tend to
obstruct passage or create a pedestrian or other traffic hazard or may otherwise
be contrary to the public interest;
(.3) the plan has been approved by
the Art Commission as to the design and location of the
structure;
(.4) the plan has been approved by the Department of
Licenses and Inspections as to electrical connections;
(.5) the
consent of the abutting land owner has been obtained;
(.6) the
applicant pays an initial fee of
$10.00;
[361] (.7) the
applicant agrees that the booth will be removed within 10 days of receipt of
notice from the Department of Licenses and Inspections that the Department has
determined that the booth tends unduly to obstruct passage or creates a
pedestrian or other traffic hazard, or is being used improperly, or its
maintenance is found otherwise to be contrary to the public
interest;
(.8) the applicant agrees to indemnify and save harmless the
City, its officers, employees and agents from and against any and all loss
resulting from injury to or death of persons or damage to property arising out
of, resulting from or in any manner caused by the presence, location, use,
operation, installation, maintenance, repair, replacement or removal of such
telephone booth, or by the acts or omissions of the employees or agents of the
applicant in connection with such telephone booth, except only if such injury,
death or damage is caused by the sole act or omissions of the City, its
officers, employees or agents.
(3)
Annual Renewal. Annually, at such
time as may be specified by the Department of Licenses and Inspections after the
original permit has been granted, an application for renewal for an additional
year shall be made and the applicant shall pay a renewal fee of
$5.00.
(4)
Maintenance of Booths. Applicant shall maintain each
booth in good, safe and clean condition.
(5)
Electrical
Connections. No person shall make an electrical connection from a telephone
booth to any source of electric current paid for by the City without the
approval of the Department of Public Property. The fee for use of electric
current from sources paid for by the City shall be the estimated cost of
furnishing such electric current as determined by the Department of Public
Property. Payment for such use shall be made annually in advance either at the
time of the original making of the connection or at the time of the making of
application for renewal, as the case may be.
(6)
Revocation of
Permit. Any permit issued pursuant to this Section may be revoked by the
Department of Licenses and Inspections if:
(a) the permit holder
violates any of the requirements of this Section; or
(b) continued
maintenance of the booth at its location is found by the Department of Licenses
and Inspections to constitute an undue obstruction to passage or a hazard to
pedestrian or other traffic; or
(c) the booth is being used improperly;
or
(d) continued maintenance of the booth is otherwise contrary to the
public interest.
(7)
Removal of Booths. Any person who erects,
installs or maintains a telephone booth on any sidewalk shall remove the booth
and restore the premises to its original condition immediately upon notice that
the permit has been revoked or upon expiration of the permit without renewal. If
any person fails to remove such telephone booth, then the City, after giving
fifteen days’ notice in writing mailed to the address of the permit holder
as it appears in the application, may cause the booth to be removed and charge
the cost of such removal, the storage thereof and the cost of restoring the
premises, against the permit holder. The permit holder may recover the booth and
equipment upon payment of all such costs, but if he shall fail to do so within
sixty days after such removal, title to the booth and equipment shall vest in
the City and the permit holder’s rights therein shall be forfeited without
prejudice to the right of the City to recover the difference between the salvage
value of the booth and equipment and the costs incurred in its removal, storage
and subsequent sale, if any.