General Provisions

RCNY tit. 67, ch. 6, subch. A

in effect

67 RCNY § 6-01 Definitions.

§ 6-01 Definitions. For the purposes of this Chapter, the following terms shall have the following meanings: Code. "Code" shall mean the Administrative Code of the City of New York. Commissioner. "Commissioner" shall mean the Commissioner of the Department of Information Technology and Telecommunications or any successor agency. Department. "Department" shall mean the Department of Information Technology and Telecommunications or any successor agency. Owner. "Owner" shall mean a natural person or business entity that owns, leases, or is otherwise responsible for the installation, operation and maintenance of a public pay telephone. Public Nuisance. "Public Nuisance" shall mean a public pay telephone which the Commissioner has reasonable cause to believe is used on a regular basis in furtherance of unlawful activity. Public Pay Telephone. "Public Pay Telephone" shall mean a telephone and associated equipment, from which calls can be paid for at the time they are made by a coin, credit card, prepaid debit card or in any other manner which is available for use by the public and provides access to the switched telephone network for the purpose of voice or data communications. The term "Public Pay Telephone" shall include any pedestal or telephone bank supporting one or more such telephones, associated enclosures, signage, and other associated equipment. Public Pay Telephone Installation. A "Public Pay Telephone Installation" shall mean an installation, including the telephone, pedestal and housing of such telephone, with one or more public pay telephones on a pedestal, one or more public pay telephones in an in-line configuration, or a public pay telephone attached to another structure. Street. "Street" shall have the meaning ascribed thereto in subdivision thirteen of § 1-112 of the Code. Substantial Common Ownership. "Substantial Common Ownership" shall mean that: (i) one or more chains of business entities (a business entity shall include but not be limited to corporations, partnerships or limited liability companies) are connected through stock ownership with a common parent business entity, and the common parent business entity owns at least 50 percent (50%) of the total value of shares of all classes of stock in at least one of the other business entities, or stock possessing at least 50 percent (50%) of the combined voting power of all classes of stock in each of the business entities is owned by one or more of the other business entities; or (ii) two or more business entities are owned by 5 or fewer persons who are individuals, estates or trusts, and those persons own at least 50 percent (50%) of the total value of shares of all classes of stock in all of the business entities, or stock possessing at least 50 percent (50%) of the combined voting power of all classes of stock in all of the business entities; or (iii) there are three or more business entities, each of which is a member of a group of business entities described in subparagraph (i) or (ii), and one of which is a common parent business entity included in a group of business entities described in subparagraph (i) and subparagraph (ii). (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-02 Penalties.

§ 6-02 Penalties. (a) In addition to the civil penalties provided in subdivisions (c) and (d) of this section, an owner who maintains or operates a public pay telephone without a permit issued pursuant to this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) and imprisonment of not more than thirty days, or both such fine and imprisonment. (b) Notwithstanding any other provision of this section: (1) an owner who fails on two occasions within any three month period to provide phone service from a public pay telephone for any period of time exceeding twenty-four continuous hours or who fails to provide coinless twenty-four hour 911 service from such public pay telephone in compliance with the provisions of subdivision (a) or subdivision (b) of 67 RCNY § 6-05, as the case may be, shall be in violation of such subdivision(s) and shall be liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation which may be recovered in a civil action or in a proceeding before the Environmental Control Board. In the case of a violation exceeding twenty-four hours, each day's continuance shall be a separate and distinct occasion in which an offense has occurred. An owner of a public pay telephone shall not be considered to have failed to provide the service required in this subdivision where such owner has posted and maintained a written notification on the public pay telephone within seventy-two hours of the occurrence and provided written notification to the Department, within twenty-four hours, of the occurrence of an event or a condition beyond his or her control, such as a power failure or an inability of the telephone company to provide access to the switched telephone network, that has rendered such telephone unable to provide such service. (2) an owner who fails on at least two occasions, each such occasion lasting for a duration of forty-eight (48) hours, or on one occasion that lasts for a duration of seventy-two (72) hours to maintain a public pay telephone in compliance with the provisions of subdivision (c) of 67 RCNY § 6-05 shall be in violation of such subdivision and shall be liable for a civil penalty of not more than one thousand dollars ($1,000) for each such violation. (c) Notwithstanding any other provision of 67 RCNY § 6-02, violation of any provision of this chapter shall be punishable by a civil penalty of not more than one thousand dollars ($1,000) for each such violation, recoverable in a civil action or in a proceeding before the Environmental Control Board. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense. (d) An owner who is liable for a civil penalty for a violation pursuant to subdivision (c) of this section shall also be liable in the amount of the expense, if any, incurred by the city in the rendering inoperable, removal, storage and/or disposal of the public pay telephone and the performance of related repair and restoration work. (e) An owner who violates any provision of Chapter 4 of Title 23 of the Code, or any term or condition of a permit issued pursuant thereto, or any rule promulgated by the Commissioner pursuant thereto shall be liable for a civil penalty of not more than one thousand dollars ($1,000) for each violation, which may be recovered in a civil action or in a proceeding before the Environmental Control Board. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense. (f) If the Commissioner reasonably believes that an owner, or any employee, agent or independent contractor of such owner, has violated any provision of Chapter 4 of Title 23 of the Code, or any provision of this chapter or any term or condition of a franchise agreement or permit issued pursuant thereto, the Commissioner may, pursuant to § 23-408(i)(1)(dd) of the Code, suspend review of all applications for the issuance of permits filed by such owner. Prior to any such suspension, the Commissioner shall notify the owner of the violation or unsatisfactory condition identified by the Commissioner and specify the action that must be taken to correct the condition in such manner and within such period of time as shall be set forth in such notice. Upon receipt of said notice the owner may contest the Commissioner's decision by responding in writing within five (5) business days of receipt of the notification from the Commissioner. A final determination will be made by the Commissioner and the owner will be notified of the determination. If the owner's appeal is rejected, the owner will have five (5) days to correct the specified condition or violation, or said suspension will go into effect. Such suspension may continue until either the Commissioner no longer reasonably believes that a violation has occurred, or the violation has been corrected to the satisfaction of the Commissioner and payment has been made of all fines or civil penalties imposed for the violation, any costs incurred by the City in the rendering inoperable, removal, storage, and/or disposal of the public pay telephone and related repair or restoration work, and any fees for any administrative expense or expense of additional inspections incurred by the City as a result of such violation. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-03 Liability for Violations.

§ 6-03 Liability for Violations. An owner of a public pay telephone shall be liable for a violation by his or her employee, agent or independent contractor of the provisions of this subchapter made in the course of performing his or her duties.

67 RCNY § 6-04 Notice.

§ 6-04 Notice. Except where otherwise required by law, notice by the Commissioner pursuant to this chapter shall be by first class mail addressed to the address for service submitted in writing to the Department by an owner of a public pay telephone or as set forth in a permit for such telephone. Where an owner has provided a facsimile number with such address or on an application for a permit, notice shall be by facsimile to such number. Notice may also be by such other electronic or non-electronic means as the Commissioner may prescribe. In the case of a public pay telephone that is not identified on a registry or does not possess a permit issued pursuant to this chapter, such notice shall be provided only where the name and address of the owner is shown on the public pay telephone or can be readily identified by the Commissioner by virtue of a trademark prominently displayed on the public telephone. Notice may also be served on a public pay telephone owner by personal service or in any other manner permitted under the terms of a franchise agreement entered into by such public pay telephone owner or in any other manner reasonably calculated to achieve actual notice, including but not limited to any method authorized in the Civil Practice Law and Rules.

67 RCNY § 6-05 Maintenance of Public Pay Telephones.

§ 6-05 Maintenance of Public Pay Telephones. (a) Coinless 911 service. A public pay telephone shall provide twenty-four hour access to 911 service without use of a coin or other payment device. For purposes of this subdivision a violation of this requirement may be found where a public pay telephone lacks a dial tone, a clear and audible transmission and reception, a keyboard and handset in working order, or any other feature necessary to provide or obtain access to 911 service (such as, but not limited to, coinless access to an operator services provider). (b) Telephone service. (1) A public pay telephone shall be installed, operated and maintained in a condition to accept a coin, credit card, prepaid debit card or other appropriate payment device and the telephone must enable a call to be completed when the proper payment has been made; (2) The return mechanism of a public pay telephone shall be in working order and provide customers with return of coins when calls are not completed; (3) A public pay telephone shall provide access to operator service without use of a coin or other payment device. (4) A public pay telephone that is incorporated into a structure that provides free wifi service must provide free domestic telephone service pursuant to the provider's franchise contract and remain in working order. (c) Cleanliness. A public pay telephone installation shall be maintained in accordance with the provisions of this subdivision. (1) A public pay telephone shall be maintained free of offensive odors, litter, debris and damage. (2) A public pay telephone shall be maintained free of stickers and graffiti. (3) A public pay telephone shall be maintained in a clean condition, free of grime and rust and clean to the touch. (4) All lettering and signage on an installation shall be clean and legible at all times. (5) All painted surfaces must be repainted at least once per year. (d) Safety. (1) A public pay telephone installation that has been displaced from its original installation configuration (e.g. motor vehicle collision) must be made safe within 24 hours of displacement and removed or restored to its original position within 72 hours of displacement. (2) A public pay telephone installation, or any section or component thereof, that becomes broken in place, fractured or otherwise detached must be made safe within twenty-four hours and fully repaired within 72 hours. (e) Enforcement. (1) A notice of violation may be issued for a violation of a provision of subdivision (a) of this section when inspections on two occasions within a period no shorter than twenty-four hours have disclosed a violation of such provision. (2) A notice of violation may be issued for violation of subdivision (b) of this section where inspections have disclosed that telephone service was unavailable on two occasions, each such occasion lasting for a duration of at least twenty-four (24) hours, within a period of ninety (90) calendar days. Each twenty-four hour period in which a failure to provide telephone service continues shall constitute a separate occasion on which an offense has occurred. (3) A notice of violation for violation of a provision of subdivision (c) of this section may be issued where inspections disclose violation of such subdivision continuing at least forty-eight (48) hours on two separate occasions within a period of ninety (90) calendar days or a violation lasting at least seventy-two (72) hours on one occasion. (4) A notice of violation for a violation of a provision of subdivision (d) of this section may be issued where two inspections at least seventy-two (72) hours apart disclose that a displaced public pay telephone has not been restored to its original position or that an installation or portion of an installation has been broken in place, fractured, detached or is otherwise unsafe and has not been repaired or made safe. (5) A violation shall be considered to have continued throughout a period specified in this subdivision when a condition set forth in subdivisions (a), (b), (c) or (d) of this section has been identified upon at least two inspections that encompass such period within one hundred sixty-eight (168) hours; provided that, demonstration by an owner that the condition underlying such violation was corrected within such period shall be a defense to an action pursuant to 67 RCNY § 6-05. (f) Damage to streets. An owner of a public pay telephone installation shall be responsible for all repairs to streets damaged due to the placement, installation, maintenance or removal of such public pay telephone installation. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-06 Advertisements.

§ 6-06 Advertisements. A public pay telephone shall not display advertising material, unless in accordance with the provisions of a franchise. (Amended City Record 7/9/2015, eff. 8/8/2015)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-93882Fetched: 10/24/2026