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 Cincinnati
 Code of Ordinances
 Title IV. PUBLIC UTILITIES
 Chapter 405. TELEGRAPH AND TELEPHONE

  § 405-22. Registration of Public Pay Telephones.  

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  • DEFINITIONS. As used in Sections 405-22, 405-23, 405-24, and 405-25 of the Cincinnati Municipal Code the following phrases have the following meanings:

    "Public Pay Telephone" means any self-service, coin-operated or credit card-operated telephone within the city of Cincinnati which is available for the use by the general public, whether on publicly owned or private property, is located outside, is free standing, attached to a wall, or on a pedestal, or is outside and in a booth or sheltered by a kiosk.

    (a)

    No person shall install or operate a public pay telephone unless said phone is properly permitted by the city of Cincinnati. The owner of the telephone shall obtain a permit authorizing the installation and continued use of the phone from the director of public works. Business operators, property owners maintaining a public pay telephone, phone vendors, and recognized community groups may communicate to the department of safety any use or abuse of a public pay telephone which may constitute a nuisance as defined herein. Upon notification, the department of safety shall take appropriate action to abate the nuisance.

    1.

    With the passage of this ordinance all existing legally installed public pay telephones shall require a permit which shall be issued by the director of public works. The cost incurred for the issuance of these permits shall be absorbed by the City. The City shall issue one permit to each owner based on a list of existing, legally installed pay phones provided to the City. Should the list contain a phone not legally installed, the owner shall be charged three times the initial permit fee in effect when the discrepancy is discovered. The owner of any public pay telephone installed after the passage of this ordinance shall pay the fees as required herein.

    The permits issued pursuant to this section shall have no expiration; they are, however, subject to removal pursuant to section 405-23.

    2.

    Prior to issuing a public pay telephone permit, the director of public works shall cause notice of the application to be sent to the affected recognized community council. The director shall provide the community council thirty (30) days to express its views on the application.

    3.

    The initial permit fee for public pay telephones shall be $125.00.

    Subsequent to January 1, 1996, the city manager may adjust initial permit fees based upon costs. The applicant must obtain a street opening permit if the phone, or its appurtenances, cut or drill into the public right-of-way. Notwithstanding anything else in this chapter there will be no telephone permit fee for a public pay telephone installed at the request of the City of Cincinnati. If more than forty-five (45) days elapse between the time of the filing of an application and the decision of the City to grant or deny the application, then the City shall waive the permit fee. The forty-five (45) day requirement shall be stayed if a recognized community group or neighborhood business association files an appeal pursuant to Section 405-24.

    4.

    All permit fees received pursuant to Section 405-22 of the Cincinnati Municipal Code shall be deposited into the general fund.

    (b)

    To obtain a permit for a public pay telephone, the owner of the telephone shall submit a registration form to the director of public works containing the following information:

    (1)

    The name, address, and telephone number of the owner;

    (2)

    The name, address, and telephone number of an individual on whom the city may serve any order required by Chapter 405 of the Cincinnati Municipal Code.

    (3)

    The location of each public pay telephone and the dimensions of any outdoor telephone enclosure for which the registration is being made;

    (4)

    A description of the services provided to users of the public pay telephone, including any special telephone service features;

    (5)

    A certification that the proposed public pay telephone or telephones will be in compliance with all relevant Ohio Public Utility Commission regulations.

    (c)

    One registration form may be submitted to include any number of public pay telephones and shall be signed by the owner.

    (d)

    The owner shall promptly notify the director of public works, in writing, of any change in the information required by division (b) of this section.

    (e)

    Upon receipt of the information filed pursuant to division (b) of this section, with the concurrence of the safety director who shall consider potential nuisance and criminal activity, and payment of the required fee to the director of public works, the director shall provide written verification to the owner that the public pay telephones identified on the form have been registered with the city.

(Ordained by Ord. No. 274-1995, eff. Sept. 1, 1995)