(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;
[362] (.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.