Ordinance 95-3005 Alev
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ORDINANCE NO. 95-3005
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE INSTALLATION OF PAY TELEPHONES ON OR OVER
PUBLIC STREETS AND SIDEWALKS, SUBJECT TO
CERTAIN CONDITIONS AND THE PAYMENT OF PERMIT
AND USER FEES; PROVIDING DEFINITIONS AND SETTING
FORTH TERMS AND CONDITIONS FOR PERMITS TO BE
ISSUED TO PAY TELEPHONE COMPANIES; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there exist numerous unauthorized, unregulated, and unsafe Pay
Telephones in the public rights-of-way of the City of Miami Beach; and
WHEREAS, the City Commission of the City of Miami Beach, Florida, has
determined that Pay Telephones are an essential service and serve the public
convenience and interest by allowing citizens access to the public telephone system; and
WHEREAS, the installation of such Pay Telephones on or about the public streets
or sidewalks should be regulated to minimize the safety hazard and annoyance to
pedestrians, residents, and other citizens that may be caused by persons using such Pay
Telephones; and
WHEREAS, it is necessary to provide a method for Pay Telephone companies to
obtain permits from the City for the use of public rights-of-way for the installation of Pay
Telephones, subject to certain terms and conditions, and to establish certain permit fees
to provide the City with compensation for the use of the City's streets and sidewalks and
for the cost to the Department of Public Works of the City of regulation imposed on Pay
Telephones.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Codification.
That the Miami Beach City Code be amended by the addition of the following
chapter entitled "Pay Telephones".
Section 2. Statement of Purpose.
The City Commission hereby finds and declares that it is necessary and reasonable:
(1) To regulate the erection, construction, reconstruction, installation, operation,
maintenance, dismantling, testing, repair, and use of Pay Telephones in,
upon, along, across, above, over, under, or in any manner connected with
the streets or sidewalks within the corporate limits of the City, as now or in
the future may exist; and
(2) To provide the City with compensation for occupation and use of the City's
streets and sidewalks for Pay Telephones; and
(3) To provide the City with compensation for the cost of regulation imposed by
this Article on Pay Telephones.
Section 3. Definitions.
For the purpose of this Chapter, the following terms, phrases, words, and their
derivations shall have the meanings given herein unless otherwise specifically provided
herein, unless the context clearly indicates otherwise or unless such meaning would be
inconsistent with the manifest intent of the City Commission and/or with Chapter 337,
Florida Statutes, as amended.
(a) "Architectural Feature" shall mean any ornamentation, decorative column,
or other significant building detail which represents an important part of the
building's design.
(b) "City" shall mean the City of Miami Beach, Florida, its elected officials,
agents, and employees.
(c) "City Manager" shall mean the Manager of the City of Miami Beach, or a
designee.
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(d) "Department" shall mean the Public Works Department of the City of Miami
Beach.
(e) "Director" shall mean the director of the Public Works Department of the City
of Miami Beach, or the Director's designee.
(f) "Pay Telephone" shall mean any self-service or coin or credit card-operated
telephone, including enclosures, or bank of such telephones placed adjacent
to each other, that in any manner is connected with the public Streets or
Sidewalks within the City.
(g) "Permittee" shall mean any person issued a permit in accordance with the
provisions of this Article responsible for the erection, construction,
reconstruction, installation, operation, maintenance, dismantling, testing,
repair, and use of Pay Telephones in any manner connected with the Streets
or Sidewalks within the City.
(h) "Person" shall mean an individual, business, firm, corporation, association,
partnership, or other organization or group of persons.
(i) "Sidewalk" shall mean that area reserved for the public use by pedestrian
traffic within the City's zoned right-of-way, including the area above, over,
and under such area.
(j) "Street" shall mean all that area reserved for the public use for public right-
of-way purposes and shall include, but not be limited to: highways, avenues,
roads, drives, lanes, boulevards, courts, concourses, bridges, cul-de-sacs,
tunnels, waterways, roadways, park, alleys, parking lots, marinas, and the
boardwalk. Specifically excluded from the definition herein of "Street" are
golf courses (including club houses), and the interior and exterior of all
public buildings.
Section 4. Permit Required; Length of Permit.
(a) No Person may place or maintain any Pay Telephone on or above any Street
or Sidewalk in the corporate limits of the City without having first obtained a
Pay Telephone permit from the City as provided in this Article.
(b) Any Pay Telephone permit issued by the City in accordance herewith shall
constitute a non-exclusive annual permit for the use of the Streets or
Sidewalks within the City for the erection, construction, reconstruction,
installation, operation, maintenance, dismantling, testing, repair, and use of
Pay Telephones.
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(c) Any Pay Telephone permit issued by the City shall continue in full force and
effect so long as the Permittee is in compliance with this Chapter, and with
all applicable federal, state, and local ordinances and regulations, and so
long as the space occupied is not needed to further public good.
(d) In the event any Pay Telephone permit shall be revoked, the applicable Pay
Telephone shall be removed from the Streets and Sidewalks within thirty
(30) days of the written notice of revocation.
(e) If the Pay Telephone is not removed at the end of the thirty (30) day period
after notice of revocation, the Department may remove the Pay Telephone
from the Streets or Sidewalks. Any Pay Telephone removed by the
Department will be stored in accordance with the Administrative Rules and
Regulations regarding Pay Telephones promulgated concurrently herewith.
(f) Any Pay Telephone permit issued in accordance herewith shall apply only
to the location or locations stated on the Pay Telephone permit or permits.
The location and means of installation of Pay Telephones shall be subject
to the Department's approval.
(g) Nothing in this Article 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 a Pay Telephone 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 permit fees
shall still be due.
Section 5. Compensation/Payment for Permit.
(a) The Permittee shall pay an annual permit fee of $650.00 for each Pay
Telephone installed pursuant to this Article, except that the annual permit fee
shall be $370.00 for any pay telephones provided by local exchange
companies as defined by the Florida Public Service Commission so long as
such local exchange companies are prohibited from contracting with long
distance carriers. For all Pay Telephones provided by local exchange
companies, the City shall select the long distance carrier and shall receive
commission on the long distance revenues directly from the long distance
carrier. No permit shall be issued except upon payment of the annual permit
fee. The City reserves the right to adjust the permit fee in the future.
(b) The permit fee shall not be refunded in the event that a Pay Telephone is
moved by the City or in the event that Permittee voluntarily removes a Pay
Telephone from an approved location.
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(c) The annual permit fee shall be due and payable on October 1 of each year.
Late payments will be assessed a $25 per month late fee for up to three
months. If the annual permit fee has not been paid by the end of the third
month, the City may revoke the permit. The City may use any and all lawful
means to collect outstanding fees.
(d) Nothing in this Article shall be construed to limit the liability of the Permittee
for all applicable federal, state and local fees and taxes.
Section 6. Powers and Duties of City Public Works Director.
The Public Works Director or the Director's authorized designee shall have the
following powers and duties:
(a) Receive, review, grant, and deny applications for Pay Telephone permits.
(b) Promulgate and regularly review, as needed, regulations regarding the
applications for Pay Telephone permits; the regulations shall be approved
by the City Commission.
(c) Promulgate and regularly review, as needed, regulations regarding the
construction, reconstruction, installation, operation, maintenance,
dismantling, testing, repair, and use of any Pay Telephone(s) established by
Pay Telephone permits in accordance herewith; the regulations shall be
approved by the City Commission.
Section 7. Use of Streets and Sidewalks.
(a) Before commencing installation of a Pay Telephone(s) in any way connected
with the Streets or Sidewalks of the City, the Permittee shall first obtain the
written approval of, and all other necessary permits from, all appropriate City
agencies, including but not limited to the Department of Public Works.
Applications for such approval shall be made in the form prescribed by the
Director of Public Works or the Director's authorized designee. Approval or
denial of Pay Telephone permits shall be issued by the Director within sixty
(60) working days of Application for said permits.
(b) Upon obtaining such written approval, the Permittee shall give the
Department of Public Works written notice within a reasonable time of
proposed installation, but in no event shall such notice be given less than
ten (10) days before such commencement except for emergency repairs of
existing Pay Telephones, lines, or cables.
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(c) Any person who submits a request for a permit in accordance herewith shall
include therein proposed agreements for the use of adjacent private
property, if applicable, with the owner(s) of such facilities to be used or
affected by the installation of the proposed Pay Telephone(s) which
agreements, if not already in effect, shall become effective on the date of
execution of the permit issued in accordance herewith in the event that such
person is issued a permit.
(d) It shall be unlawful for the Permittee or any other person to open or
otherwise disturb the surface of any Street or Sidewalk for any purpose
whatsoever without obtaining approval to do so after proceeding in the
manner prescribed in subsections (a) and (b) hereof. Violation of this
section shall subject the Permittee to all penalties and remedies prescribed
herein and to all other remedies, legal or equitable, which are available to
the City.
(e) The Permittee shall restore any Street or Sidewalk it has disturbed in
accordance with the provisions of the City's standard specifications of
Streets and Sidewalks or as directed by the City's engineer in the field and
shall, at its own cost and expense, restore and replace any other property
disturbed, damaged, or in any way injured by or on account of its activities
to the same condition such property was in immediately prior to the
disturbance, damage, or injury or pay the fair market value of such property
to its owner.
(f) The Permittee shall, at its own costs and expense, protect, support,
temporarily disconnect, relocate in the same Street or Sidewalk, or remove
from such Street or Sidewalk, any of its property when required to do so by
the City because of Street or other public excavation, construction, repair,
regrading, or grading; traffic conditions; installation of sewers, drains, water
pipes, City owned power or signal lines, or tracts; vacation or relocation of
streets or any other type of structure or improvement of a public agency; or
any other type of improvement necessary for the public health, safety or
welfare; or upon termination or expiration of the permit.
(g) The Permittee shall keep accurate, complete and current maps and records
of its Pay Telephones and facilities which occupy the Streets and Sidewalks
within the City, detailed by linear foot and shall furnish, as soon as they are
available, two (2) complete and updated copies of such maps and records,
including as-built drawings, to the Department of Public Works on an annual
basis.
(h) The Permittee, upon thirty (30) days notice by the City, shall temporarily or
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permanently remove, adjust, raise, or lower its facilities within the right-of-
way when the City determines that such action is needed for public use of
the right-of-way.
Section 8. Location and Placement of Pay Telephones.
(a) The installation of Pay Telephones in any manner connected with the Streets
and Sidewalks within the City shall be subject to approval by the Department
of Public Works and shall conform to the following requirements:
(1) It shall be free of interference with the flow of pedestrians,
wheelchairs, or vehicular traffic;
(2) It shall allow ingress or egress from any residence or place of
business;
(3) It shall be free of interference with the function of traffic signs or
signals, hydrants, or mailboxes.
(b) Pay Telephones shall be placed or otherwise secured so as to prevent their
being blown down or around the Street or Sidewalk but they shall not be
chained or otherwise secured to any traffic or street signs, signals, hydrants,
mailboxes, or other Street amenities.
(c) Pay Telephones shall be placed, installed, used, or maintained so as to
comply with Zoning Ordinance No. 89-2665 of the City of Miami Beach and
shall not be located within five (5)feet of any pedestrian crosswalk, bus stop,
taxi stand, or counter window or within fifteen (15) feet of any fire hydrant,
fire call box, police call box, or other emergency facility or within four (4) feet
of the curb.
(d) Pay Telephones shall not be placed in Streets or Sidewalks within one
hundred (100) feet of street addresses where there is substantial criminal
activity. Substantial criminal activity shall mean reports to the police of four
(4) or more criminal incidents at an address during any three (3) consecutive
months period, both prior and subsequent to the date of the application
and/or the installation.
(e) Unless otherwise approved in writing by the Director of Public Works, the
following minimum distance requirement, measured along the route of
ordinary pedestrian travel, shall apply: No Pay Telephone shall be placed
within 300 feet of any other Pay Telephone on the same side of the Street
or Sidewalk in a Multi-Family or Commercial District as described in the
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City's Zoning Ordinance No. 89-2665 (and as the same shall be amended)
or within 100 feet of a Pay Telephone on private property which is visible
from the street.
(f) Pay Telephones shall not be installed in Single or Multi-Family Residential
Districts, as described in the City's Zoning Ordinance No. 89-2665.
(g) Upon receipt by the Director of a written complaint by a citizen, or oral or
written communication from a representative of the Police Department, Fire
Department, Code Enforcement Department, Building Department, Zoning
Department, or Department of Public Works that the location and use of a
Pay Telephone constitute a threat to the health and welfare of the
community, the Director shall conduct an investigation to ascertain whether
the location and use of the Pay Telephone constitutes a threat to the health
and welfare of the community. If the City Manager finds substantial evidence
that the location and use of the Pay Telephone constitutes a threat to the
health and welfare of the community, the Director shall order that the Pay
Telephone provider initiate the Public Service Commission process to limit
the Pay Telephone to outgoing calls only. If, within 90 days of the Director's
order to initiate the process, the Pay Telephone has not been restricted to
outgoing calls, or if the City Manager finds that the Pay Telephone continues
to constitute a threat to the health and welfare of the community after the pay
Telephone has been restricted to outgoing calls, the Director shall revoke
any permit issued by the Department for the use of the Pay Telephone and
remove the Pay Telephone from the Street or Sidewalk upon thirty (30) days
written notice to the Permittee. A "threat to the health and welfare of the
community" shall mean the existence of substantial criminal activity as set
forth in Section 8(d) above.
(h) In the event that a particular Pay Telephone does not meet the location and
placement requirements set forth herein, an applicant who has otherwise
met all the requirements of this Chapter, may appeal the decision of the City
Manager to a Special Master, who shall be appointed by the City
Commission, and who may issue such a permit if it is shown that the
issuance of such a permit is reasonable under the circumstances.
(i) A petition to appeal a decision regarding Pay Telephones must be filed with
the Special Master no later than thirty (30) days following the decision being
appealed.
Section 9. Installation, Maintenance, and Technical Standards.
(a) All technical standards governing construction, reconstruction, installation,
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operation, maintenance, dismantling, testing, repair, and use of Pay
Telephones provided for herein shall be in accordance with all applicable
federal, state, and local laws and regulations, including but not limited to the
most recent editions of the South Florida Building Code, National Electrical
Code and the National Electrical Safety Code, Chapter 364, Florida Statutes,
and the Public Service Commission Rules and Regulations.
(b) All Pay Telephones shall be installed in accordance with the manufacturer's
installation procedure in the Econoline IW1000 Payphone Pedestal and
Enclosure or other enclosure which the City may designate.
(c) Any Permittee who fails to satisfy the requirements of this Section may be
given thirty (30) days written notice by the Department to repair the Pay
Telephone. If the requirements of this Section are not satisfied at the end
of the thirty (30) day period after proper notice is given, the Department may
revoke the permit and remove the Pay Telephone from the Street or
Sidewalk.
(d) Permittee shall, within 30 days after proper written request is given by the
Department, seek permission from the Public Service Commission to restrict
the Pay Telephone to outgoing calls. Permittee shall restrict the calls to
outgoing calls within ten (10) days after receiving permission from the Public
Service Commission to do so.
(e) Pay Telephones shall be maintained in a neat and clean condition and in
good repair at all times. Maintenance and service of Pay Telephones shall
include, but not be limited to the following:
(1) All visible painted areas shall be kept reasonably free of
chipped, faded, peeling, and cracked paint;
(2) All visible unpainted metal areas shall be kept reasonably free
of rust and corrosion;
(3) All clear plastic or glass parts shall be kept unbroken and
reasonably free of cracks, dents, graffiti, blemishes, and
discolorations;
(4) All paper or cardboard parts or inserts shall be kept
reasonably free of tears, peeling, or fading;
(5) The structural parts shall not be broken or unduly misshapen;
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(6) All telephone receivers shall be kept attached to the
telephones;
(7) No Pay Telephone(s) shall contain any advertising.
Section 10. Existing Pay Telephones.
All Pay Telephones existing as of July 1, 1995 ("Existing Pay Telephones") shall
comply with the requirements of this Ordinance, except the requirement of § 8(e) herein,
within ninety (90) days of its effective date. Within the same ninety (90) day period,
Existing Pay Telephones attached to private property may be moved to a pedestal
enclosure located on a City Street or Sidewalk within two (2) feet of the previous location
of the Existing Pay Telephone provided the location on the City Street or Sidewalk
otherwise complies with this Article. The Pay Telephone provider shall pay all costs to
relocate and install the Existing Pay Telephone in the pedestal enclosure. Any Pay
Telephones located within the locally designated historic district and affixed to a significant
architectural feature or detail of a historic or contributing building ("Pay Telephone
Attached to Architectural Feature") shall not be considered an Existing Pay Telephone.
In addition, all Existing Pay Telephones shall pay a retroactive annual permit fee
of $250 per year per Pay Telephone from the period of time the Pay Telephone was
installed for a period of up to five (5) years prior to the effective date of this Ordinance.
All such Pay Telephones shall provide the Director of Public Works the installation receipt
for the Pay Telephone prior to a permit being issued. Existing Pay Telephones which do
not comply with the requirements of this Ordinance within ninety (90) days of its effective
date, Pay Telephones installed after July 1, 1995 without complying with this Article, and
all Pay Telephones Attached to an Architectural Feature will be removed by the City upon
thirty (30) days notice to the Owner.
Section 11. Bonds.
(a) Unless the applicant supplies other acceptable financial guarantees or
demonstrates financial responsibility satisfactory to the Director of Finance
and the City Attorney, all persons submitting a request for a Pay Telephone
permit shall file with their request, a bond solely for the protection of the City
with a surety or trust company in the amount sufficient to protect the City
from any and all damages or costs suffered or incurred by the City as a
result thereof, including but not limited to attorney's fees and costs of any
action or proceeding, (except for actions or proceedings arising exclusively
from the City's own negligence) and including the full amount of
compensation, indemnification, cost of removal of any property, or other
costs which may be in default, up to the full principal amount of such bond
which shall not exceed the amount of $10,000, and the condition shall be a
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continuing obligation during the entire term of any Pay Telephone permit
issued to the Permittee in accordance herewith and thereafter until the
Permittee shall have satisfied in full any and all obligations to the City which
arise out of or pertain to the Pay Telephone permit.
(b) None of the provisions of this section, nor any bond accepted by the City
pursuant hereto, nor any damages recovered by the City thereunder, shall
be construed to excuse the faithful performance by or limit the liability of the
Permittee under this Article or any Pay Telephone permit issued in
accordance herewith or for damages either to the full amount of such bond
or otherwise.
Section 12. Indemnity and Insurance.
(a) 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 the Permittee's Pay Telephone(s).
(b) The Permittee shall indemnify, save and hold harmless, and defend the City
from all liens; charges, claims, including but not limited to, libel, slander,
invasion of privacy, and unauthorized use of any trademark, trade name, or
service mark; demands; suits; actions; fines; penalties; losses; costs,
including but not limited to reasonable legal fees and court costs including
legal fees and court costs on appeal; judgments; injuries; liabilities or
damages, in law or equity, of any and every kind and nature whatsoever,
except those based upon the City's negligence, arising out of or in any way
connected with the installation, operation, maintenance, or condition of the
Permittee's Pay Telephone(s) or the granting of the Pay Telephone permit.
The granting of the Pay Telephone permit is separate and distinct
consideration for the granting of this indemnity.
(c) Upon the granting of a Pay Telephone permit and at all times during the
terms of the permit, including the time for removal of facilities as provided for
herein, the Permittee shall obtain, pay all premiums for, and file with the
City's Risk Manager written evidence of payment of premiums and a
certificate of insurance indicating that the following insurance policies are in
effect:
(1) A commercial general liability policy indemnifying, defending, and
saving harmless the City, its officers, boards, commissions, agents,
or employees from any and all claims by any person whatsoever on
account of property damage, injury to or death of a person or persons
resulting from the operations of the Permittee under the Pay
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Telephone permit herein granted, or alleged to have been so caused
or occurred, with a minimum liability of five hundred thousand dollars
($500,000.00) combined single limit for personal injury or death. This
policy shall name the City as an additional insured.
(2) Workers' Compensation as required by Florida Statute for the
Permittee's employees doing work on City property in connection with
this permit.
(d) All insurance policies required herein shall be in a form satisfactory to the
City's Risk Manager and shall require thirty (30) days written notice of any
cancellation to both the City and the Permittee. In the event of any such
cancellation, the Permittee shall immediately give notice to the City of the
cancellation and shall obtain, pay all premiums for, and file with the City,
written evidence of the issuance of replacement policies within thirty (30)
days following receipt by the City or the Permittee of any notice of
cancellation.
(e) In lieu of the insurance policies as required and referenced in
subparagraphs (c) and (d) above, the Permittee may submit (1) a
certification by a qualified independent actuary, acceptable to the City's Risk
Manager, which indicates that Permittee has established an "actuarially
sound" self-insurance program with adequate reserves and resources to
provide coverage and protection equal to or better than the requirements
contained in subparagraphs (c) and (d) above, or (2) other documentation
and proof acceptable to the City's Risk Manager which indicates that
Permittee has a self-insurance program with adequate reserves and
resources to provide coverage and protection equal to or better than the
requirements contained in subparagraphs (c) and (d) above.
Section 13. Police Powers.
Nothing in this Article or in any Pay Telephone permit issued in accordance
herewith shall be construed as an abrogation by the City of any of its police powers.
Section 14. Transfers; Assignments; Subleases.
(a) The Permittee shall not sublease, license, transfer, or assign its interest in
any permit issued in accordance herewith, other than a general assignment
of the Permittee's entire assets or a pledge of the assets as collateral on a
loan, without the prior written authorization of the City Manager. In the event
of such a general assignment, the Permittee shall promptly notify the City of
the general assignment and shall provide the name, address, and telephone
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number of the general assignee. For the purposes of this section, a merger
or consolidation of the Permittee with another company shall not be deemed
a transfer or assignment.
Section 15. Service of Notice.
(a) All notices required to be given to the City under any provision of this Article
shall be deemed given when received through the U.S. mail or delivered by
hand in writing to the City Manager or to any person in charge of the
Department during normal business hours. Any notice required to be given
to a Permittee under any provision of this Article shall be deemed given,
whether actually received or not, if sent by United States registered or
certified mail, return receipt requested, postage prepaid, and addressed to
the Permittee at the address given in its most recently issued permit.
(b) The Permittee shall give notice to the City of any changes in address.
Section 16. No Liability or Warranty.
This Article shall not be construed to create liability for the City for any damage to
persons or property by reason of any inspection or reinspection authorized herein or
failure to inspect or reinspect, nor shall the issuance of any Pay Telephone permit nor the
approval or disapproval of any installation authorized herein constitute any representation,
guarantee, or warranty of any kind by, nor create any liability for the City or any official,
agent, or employee thereof.
Section 17. Conflicting Ordinances.
All Ordinances, or parts of any ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are hereby repealed.
Section 18. Severability.
If any section, or part of any section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 19. Amendments.
The City may at any time amend the provisions of this Ordinance and any Rules
promulgated hereunder and all Permittees shall comply with those amendments as of their
effective dates of those amendments.
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Section 20. Effective Date.
That this Ordinance shall take effect on September 15, 1995.
PASSED and ADOPTED this 26th • .y of Jul , 1995.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI :TEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ( I
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 26 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:
PAY TELEPHONE ORDINANCE
RECOMMENDATION:
The City Administration and the City Attorney recommend that the City Commission
approve on second reading the Pay Telephone Ordinance regulating pay telephones on public
right-of-ways, parks, boardwalk and marina.
BACKGROUND:
The City of Miami Beach currently does not regulate existing pay telephones in the public
right-of-ways, parks, boardwalk and marina. The City has determined that several of these
telephones are unauthorized and unsafe. In order to provide an essential service and
convenience to the public by allowing these pay telephones to exist on the aforementioned
sites, the City Administration and the Office of the City Attorney has created the attached
Ordinance which will regulate the locations, enclosures and conditions of the pay telephones.
The Ordinance will also minimize the safety hazards and annoyance to pedestrians, residents
and visitors that may be caused by the users of the pay telephones.
The City Administration, Office of the City Attorney, and the Computers and
Communication Department, has met on several occasions with representatives from the Pay
Telephone Association and representatives from Southern Bell, to come to an agreement on
the various requirements of this Ordinance. Further, the Pay Telephone Ordinance has gone
before the Land Use and Development Committee for discussion and before the Design
Review Board to approve the pay telephone enclosure.
Continued...
•
AGENDA ITEM —3-0
DATE -7-26-9 S
COMMISSION MEMORANDUM PAGE TWO JULY 26, 1995
ANALYSIS:
The City Administration and the City Attorney's Office are proposing for the Pay Telephone
Companies to enter into agreements with the City of Miami Beach on a yearly basis, for the
installation of pay telephones. This Ordinance will also establish certain permit fees to
provide the City with compensation for the use of public right-of-ways, parks, boardwalk and
marina. The permit fee will also cover the costs of the City's Public Works Department for
regulating and enforcing the Pay Telephone Ordinance.
The City's Public Works Department will be the designee for enforcing and regulating the Pay
Telephone Ordinance. The Public Works Director will have the authority to request the
termination of incoming calls on any pay telephones which constitute a threat to the health,
safety and welfare of the community. If a pay telephone continues to be a threat to the
community, and if four (4) documented incidents in a period of three (3) months exist in
support of this, then the pay telephone will be removed at the expense of the pay telephone
company.
The City Administration and the Office of the City Attorney have determined that the best
way to implement this Ordinance is to grandfather the location of the existing pay
telephones. The pay telephone companies would have to adhere to all the other
requirements of the Ordinance, such as: uniform enclosure; compliance with Americans with
Disabilities Act (ADA); maintenance; annual fee payment of Six Hundred and Fifty dollars
($650.00); and, removal of telephones from architectural features of buildings.
The existing pay telephone companies who fall under the grandfather rule will be assessed
a retroactive fee of Two Hundred and Fifty dollars ($250.00) per year, for up to five (5)
years.
The following highlights the requirements of the Ordinance:
• The pay telephone will not restrict the flow of pedestrian traffic, wheelchairs
and vehicular traffic. It will allow for any ingress and egress from any
residence and place of business. The pay telephone will not interfere with the
function of traffic signs, hydrants and mail boxes.
• Any pay telephone that is under the grandfather rule in this Ordinance or any
permit request for a new location will require an annual Six Hundred and Fifty
dollars ($650.00) non-refundable fee to the City of Miami Beach.
• The pay telephone permits will be renewed on a yearly basis at an amount
subject to change by the City of Miami Beach.
Continued...
COMMISSION MEMORANDUM PAGE THREE JULY 26, 1995
• A Twenty-five dollars ($25.00) late charge, per month, will be assessed on
pay telephone companies not paying the annual permit fee by October 1st of
each fiscal year. After three months, the City of Miami Beach reserves the
right to remove the pay telephone. Payment of any late charges and the
annual permit fee must be received before new installations of pay telephones
by the delinquent company.
• All pay telephones shall be maintained and kept in excellent condition at all
times. Any permittee who fails to satisfy this requirement will be given a thirty
(30) day notice by the Public Works Department to correct the violation. If
the requirements are not satisfied within the thirty (30) day period after
notice, the Department may revoke the permit. The City of Miami Beach will
require the permittee to submit a Ten Thousand dollars ($10,000) bond
which will cover, but not be limited to, any costs suffered or incurred by the
City including attorney fees, court costs, removal of telephone, and permit/late
charge fees owed to the City.
The pay telephone enclosure has been reviewed by the Design Review Board, Pay Telephone
Company Association, and Southern Bell. It is an enclosure which costs approximately Four
Hundred dollars ($400.00) and is available within three (3) to four (4) weeks of the order.
The enclosure has a pyramid shaped top which discourages users from placing articles on the
crest of the container. Additionally, the pay telephone companies have agreed to substitute
the word "telephone" on the front panel with the City of Miami Beach logo. The enclosures
are made of aluminum and can be easily cleaned.
CONCLUSION:
The City Administration and the City Attorney recommend that the City Commission
approve the Pay Telephone Ordinance on second reading.
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