Lomita Municipal Code Ch. 14 Pay Phone Regulation

The intent and purpose of this chapter is to ensure quality publicly accessible outdoor telephone service while establishing standards for their installation and operation that minimizes potential public nuisance such as loitering, solicitation, and other criminal activity. This chapter does not apply to public telephones located in an enclosed building. All references in this chapter to the city manager shall mean the city manager of the City of Lomita, or his or her designee.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-02.01 et seq. of this Code, for any person to install a publicly accessible telephone, outside an enclosed place of business, except as provided in this chapter.

(a) A public telephone permit issued in accordance with this chapter shall be required prior to the installation, placement, or maintenance of any public telephone that is placed outside an enclosed place of business. Each permit shall designate the number and location or locations of public telephones for which the permit has been issued.

(b) Application. A written application for a public telephone permit, on a form available in the office of the city clerk, shall be filed with the city manager.

(c) Each application shall be accompanied by a non-refundable fee in an amount set by resolution of the city council, which shall not exceed the actual cost of investigating the facts contained in the application and processing of the application.

(d) Issuance and denial. Upon a finding that the applicant is in compliance with the provisions of this chapter, the city manager shall issue a public telephone permit, together with any and all conditions of approval deemed advisable to the location or locations approved by the permit. If a permit is denied, the applicant shall be notified in writing of the specific cause of such denial by the city manager and of the right to appeal in accordance with this chapter. A complete application shall be approved or denied within thirty (30) days of filing.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

The following information, in addition to any other information required in the application, shall be provided by the applicant wishing to install a publicly accessible telephone:

(a) A site plan showing the location of the proposed publicly accessible telephones;

(b) An elevation of the proposed telephone design, including lighting, colors and signs;

(c) The name, address, and telephone number of the business owner and the name, address, and telephone number of the proposed telephone vending company responsible for billing, maintenance, and installation of such telephone(s); and,

(d) A written statement satisfactory to the city attorney whereby the business owner agrees to indemnify, protect, defend, and hold harmless the city, its officers, officials, employees, and agents, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person, as a result of the installation, use, or maintenance of a public telephone subject to a permit issued pursuant to this chapter.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00)

Approval of the installation of new publicly accessible telephones shall be subject to the following criteria:

(a) Publicly accessible telephones may not be placed in the A-1, R-1, RV or O-S zone.

(b) Publicly accessible telephones shall be placed no closer than 100 feet from the A-1, R-1, RV or O-S zone and no closer than 600 feet from an existing publicly accessible telephone; and,

(c) Placement of publicly accessible telephones shall be such that they do not create a safety hazard, are not disruptive to the business operation and/or surrounding uses, and provide attractive improvements that do not detract from its surroundings.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00)

The installation and maintenance of publicly accessible telephones shall be subject to the standards including, but not limited to, the following:

(a) Maximum number of such telephones at any one (1) location shall not exceed two (2);

(b) All such telephones shall be maintained in a clean, neat, and damage-free operable condition at all times;

(c) All such telephones shall be installed and operated in accordance with applicable state and federal law;

(d) All such telephones shall be installed in compliance with the requirements of the Federal American with Disabilities Act;

(e) All such telephones made incapable of receiving incoming calls shall be posted as such;

(f) Telephones shall be placed in close proximity to the place of business;

(g) The phone area and any immediate area providing access to the telephone shall be well lit, but not so that it creates a nuisance to surrounding properties, business, or traffic;

(h) Such telephones style/mounting shall be administratively approved by the city manager;

(i) Except as authorized by subsection (a), publicly accessible telephones shall be located a minimum of 600 feet from any other publicly accessible telephone; and

(j) Any other measures as may be reasonably required by the city manager to maintain public health, safety and welfare.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

If the operation of any publicly accessible telephone constitutes a public nuisance by allowing incoming calls, as determined by the city manager based on police reports, service calls, and general complaints, such incoming calls shall be ordered blocked. Such order shall be mailed by certified mail, return receipt requested, to the owner or operator at the address listed in the permit on file with the city and shall specify that compliance shall be within ten (10) days or the permit will be subject to revocation and removal as provided in this chapter. Such notice and order shall also inform the owner/operator of the right to appeal as provided in this chapter.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

Telephones installed by a public agency as a public convenience are exempt from the provisions of this chapter.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00)

(a) All publicly accessible telephones which do not meet the requirements of this chapter are hereby deemed nonconforming.

(b) All nonconforming publicly accessible telephones shall be removed or modified to conform to this section within six (6) months beginning on the first effective date of this chapter; provided however, that a publicly accessible telephone in place as of the first effective date of this chapter shall not be required to be removed solely based on its proximity to another existing publicly accessible telephone.

(c) The city manager shall cause a notice to abate to be mailed, by both certified mail and regular first-class mail, to the property owner, where the nonconforming telephone is located and to the owner/operator of the telephone vending company or telephone service. The notice shall require that the nonconforming telephone be removed within ten (10) working days from the date of mailing of the notice and any failure to comply would be subject to the penalties provided in this chapter. The notice shall also provide notice of the appeal rights and procedures as provided in this chapter.

(Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

Failure to comply with any provisions of this chapter shall be grounds for revocation (of) the permit and removal of the publicly accessible telephone(s). The city manager shall send written notice of the revocation/removal order to the permit holder by certified mail, return receipt requested, specifying the grounds for revocation. Within ten (10) days of the receipt of such notice, the permit holder may request an informal administrative hearing before the city manager, at which time the permit holder may present any relevant evidence to contest the order. The administrative hearing shall be held within thirty (30) days of the receipt of the notice. Within ten (10) days following the administrative hearing the city manager shall provide the permit holder written notice of the decision. Any decision of the city manager may be appealed as provided in this chapter.

(Ord. No. 601, § 1, 2-16-99; Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

(a) Any applicant or other aggrieved person subject to the provisions of this chapter, may, within ten (10) working days of the mailing date of the copy of the city manager's decision and/or order, appeal such decision to the city council by filing a notice of appeal. A form of appeal notice is available in the office of the city clerk and shall be accompanied by an appeal fee in that amount set by resolution of the city council.

(b) An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the city manager. The city manager shall, within ten (10) working days, transmit the appeal, together with a copy of the file, decision and order, to the city clerk, who shall set the matter for hearing within forty-five (45) days of the receipt of the notice of appeal. The hearing by the city council shall be do novo on the issues presented and any decision of the city council shall be final and conclusive as to all issues.

(c) The city council shall, upon receipt of the material specified in the preceding paragraph from the city manager, and after hearing at which the appellant, and any interested person, may speak, take action as follows:

1. Approve the decision and order of the city manager; or,

2. Reverse or modify the decision and order, and refer the matter back to the city manager.

(Ord. No. 614, § 2, 2-7-00; Ord. No. 699, § 1, 4-2-07)

In addition to any other penalty provided for in this Code for a violation of any provision of this chapter, a violation of any provision hereof—including the failure to obtain a license or permit—or the failure to abide by a condition of approval constitutes a public nuisance and is subject to abatement as such. Said declaration and abatement of a public nuisance is in addition to and not in lieu of any other remedy or punishment provided at-law or in-equity.

(Ord. No. 614, § 2, 2-7-00)