§ 211-3. Powers of Official., Chapter 211. Telephones, Public, Code of Ordinances, Federalsburg

The Official may issue and renew operation and maintenance permits under this chapter based upon determination, at his or her discretion, that issuance or renewal of such permit would be in the best interest of the Town, provided that no permit shall be issued or renewed for the installation, operation or maintenance of a public pay telephone at any location where it will unreasonably interfere with the use of a street by the public, or where it is a public nuisance. In making these determinations, the Official shall rely upon the following recommendations and approvals, and shall not issue or renew a permit until all of the applicable requirements set forth below have been met:

(1)

The owner of the public pay telephone must first give notice of the intention to apply for a permit to locate a public pay telephone, in writing, to all owners of property that is located within 175 feet on both sides of the street of the proposed public pay telephone location, as preinspected by the Official or his designee and approved for compliance with the siting requirements set forth in this chapter.

(2)

The Official shall forward a copy of the documentation that the item in Subsection A(1) has been complied with and a copy of any request to site a public pay telephone to the Town Clerk within five days of receipt of said documents. No later than five days after receipt of the documentation from the Official, the Town Clerk shall issue a "Notice of Request to Site a Public Pay Telephone" in area newspapers, with a copy of said notice forwarded to the members of the Town Council, with such notice providing any person that would be aggrieved by the issuance of the permit the opportunity to file written comments with the Town Clerk. Any written comments received by the Town Clerk, as well as any complaints about a request to grant, renew or transfer a public pay telephone permit that has been submitted to the Police Department, shall be forwarded to the Official for consideration as to whether or not the request of the telephone provider should be granted. If the Official has not granted the request within 120 days from the date the notice is published, the request shall be deemed to be denied. All costs will be borne by the person requesting the permit.

(3)

The owner of the public pay telephone must obtain approval of the location site from the Police Chief as to whether the proposed location is a public nuisance;

(4)

No permit shall be issued until the owner submits a final specific site plan to the Official for his review and approval; and

(5)

A permit may be conditioned upon the limitation of the type of public pay telephone service.