Long Beach Municipal Code Ch. 5.71 Publicly Accessible Exterior Pay Telephones

Footnotes:

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Editor's note— ORD-12-0010, § 1, adopted May 15, 2012, amended Ch. 5.71 in its entirety to read as herein set out. Former Ch. 5.71, §§ 5.71.010—5.71.160, pertained to similar subject matter and derived from: Ord. C-7778 § 1, 2001.

A. "City Manager" shall mean the City Manager of the City of Long Beach or his or her designee.

B. "Publicly Accessible Exterior Pay Telephones" ("PAT") shall mean an exterior pay telephone including any pay telephone enclosure or other structure surrounding the "PAT" located on public property or on private property if the private property is open or accessible to the public, into which money may be deposited, or through which a credit card or telephone credit card number may be entered, for purposes of obtaining a telecommunications link to communicate with another who receives the communication by telephone or pager.

C. The "PAT Operator" shall mean any person[s] or entity authorized to sell, lease, install or otherwise contract for the sale, use, maintenance or installation of a PAT.

D. "Unimproved Property" shall mean any vacant lot, land, parcel, or other real property that lacks any building or structure.

E. "Vacant Building", for the purpose of this Chapter, shall mean any roofed structure built for the support, shelter or enclosure of persons, animals, chattel or property of any kind which has not been used for a period of three (3) or more months.

F. "Property Owner", for the purpose of this Chapter, shall mean the owner of record on any such parcel of real property as designated on the County Assessor's tax roll, or a holder of a subsequently recorded deed to the property.

(ORD-12-0010, § 1, 2012)

No PAT shall be permitted in the City unless located completely within an enclosed building space unless a valid exterior pay telephone permit is first obtained for each PAT by the PAT Operator with the written consent of the Property Owner and according to the provisions of this Chapter. A new exterior pay telephone permit shall be required for any change or transfer of ownership of the PAT, or relocation of the PAT. The permit may be issued by the City Manager only after payment of fee(s) established by resolution of the City Council adopted pursuant to Section 5.04.040. All PAT's shall be removed within fifteen (15) days of expiration or revocation of the business license, or revocation of the exterior pay telephone permit of the PAT Operator.

(ORD-12-0010, § 1, 2012)

A permit shall be required for any PAT installed on any improved property outside of a building as of the effective date of this Section. Any PAT which was lawfully installed on any improved property outside of a building as of the effective date of this Section which does not comply in whole or in part with the requirements of this Chapter shall be removed or otherwise brought into full compliance within one (1) year of the effective date of this Section. For those PAT's lawfully installed on any improved property outside of a building which cannot be brought into compliance because they do not meet the requirements of this Chapter, the use may be extended for only one (1) additional one (1) year period of time (not to exceed two (2) years), to be determined by the City Manager upon a showing by the PAT Operator that such extension is reasonably necessary to permit the PAT Operator adequate time to amortize or otherwise recover any long term investment in the PAT operation.

Any request for an extension of the amortization period must be made in writing by the owner of the PAT to the City Manager by filing a request in writing with the Commercial Services Bureau of the Department of Financial Management no later than ninety (90) days prior to the end of the initial one (1) year period provided for in this Section.

If no permit is obtained as required by this Section, the City may remove or cause to be removed such PAT, and the City's reasonable costs of removal shall be a personal obligation of the owner of such PAT, payable to the City on demand.

(ORD-12-0010, § 1, 2012)

An application for an exterior pay telephone permit shall be filed in compliance with Chapter 5.04 and shall at a minimum contain the following information:

A. A site plan showing the location of the proposed PATs;

B. An elevation of the proposed PAT design, including lighting, colors, design, and enclosure configuration;

C. The name, address, and telephone numbers of the PAT operator, of the property owner where the PAT will be located, the business owners, if applicable, and the name, address, and telephone number of the proposed vending company responsible for installation, maintenance, and billing of the proposed PAT;

D. Such other information as required by the City Manager.

(ORD-12-0010, § 1, 2012)

A. No PAT shall be installed, located or maintained on a Vacant Building, Unimproved Property, or property upon which exists a Vacant Building;

B. No PAT shall be installed, located or maintained on any private property or any public right-of-way adjacent thereto, that has a premises licensed for the sale of alcoholic beverages (other than beer or wine);

C. No PAT shall be installed, located or maintained at a location where use from a vehicle is possible which would cause the vehicle to stand in a driveway or aisle in a parking lot or in the right-of-way;

D. No PAT shall be installed, located or maintained within five feet (5') of any area used for vehicular ingress or egress or an aisle way or parking area for vehicular travel;

E. No PAT shall be installed, located or maintained within five feet (5') of the entrance or exit to any structure, a crosswalk, a bus shelter, a fire exit or escape, a mail box, parking meter, traffic control box, fire hydrant or that otherwise blocks or restricts free passage of pedestrians or vehicles;

F. No PAT shall be installed, located or maintained on any property or at any location that has been determined by the City Manager to create a nuisance based upon prior actual use;

G. A PAT shall not be located within a required landscape area and access to the PAT shall not require walking in or standing on any required landscaped area;

H. A PAT shall not be located on or encroach over any public property or right-of-way unless an occupancy permit is first obtained as required by Title 14 of this Code;

I. No PAT shall be installed which utilizes an electrical supply unless an electrical permit is first obtained as required by Title 18 of this Code;

J. No PAT shall be located such that its installation or use interferes with any operation of the legally established use of the property or other land use requirements such as emergency fire exits or parking;

K. No PAT shall be installed in such a manner that would require or allow the user of the PAT to stand or otherwise be located in the public right-of-way. Any existing PAT which is located or maintained in violation of Subsection A shall be removed within thirty (30) days after the effective date of this ordinance.

L. No PAT shall be installed within five feet (5') of any premises property line.

(ORD-12-0010, § 1, 2012)

Installation, operation, and maintenance of PAT's shall be in accordance with all applicable codes, laws, rules, regulations, and statutes including the City's General Plan, any applicable specific plans, the local coastal program, and all zoning regulations of the applicable district and the following minimum standards:

A. The PAT Operator shall have a valid City business license;

B. The PAT Operator shall have written consent of the current Property Owner for the placement of the PAT. Said written consent shall be provided to the City at the time the application for a permit is filed;

C. No PAT shall be installed in violation of the provisions of the Americans with Disabilities Act or equivalent California disability access regulations;

D. All PAT's shall have the following operating features at all times:

1. Display of a valid City permit identification number;

2. Display of PAT Operator identification;

E. All PAT's shall be maintained in a clean, neat, damage-free, and unless otherwise required, operable manner at all times;

F. Installation and operation of PAT's shall at all times be maintained in accordance with all applicable requirements of the California Public Utilities Commission and the Federal Communications Commission;

G. Lighting shall be provided and permanently maintained for all PAT's to ensure that any user of the PAT can be clearly visible to nearby traffic, pedestrians, or public areas and that the level of light will be a minimum of one (1) foot candle measured not less than two feet (2') from the base of the instrument. Such lighting shall be directed away or screened from any adjacent residential uses;

H. PAT's shall, at all times, have posted on the pay phone a clearly visible number to call for consumer rights information, complaints and other information related to consumer protection, or as otherwise required by law or other regulatory agencies, or as required by the City Manager;

I. Any other feature, signage, or information as required by the City Manager.

(ORD-12-0010, § 1, 2012)

The City Manager may impose any and all additional conditions as may be reasonably required to maintain the public health, safety and welfare of the community, including, but not limited to the following:

A. A requirement that the PAT be located in close proximity to the place of business so that the PAT is clearly visible to the interior of the adjacent business or businesses;

B. Restrictions relating to the telephone style/mounting or mounting configuration;

C. Restrictions to prevent the use of pagers or beepers or the use of electronic wiring, not telephone wire, for electronic connections;

D. A restriction rendering the PAT incapable of receiving incoming calls;

E. A requirement that PATs shall be either a so-called "smart phone" equipped with a built in computer or a "smart line" phone having the capability of making the telephone inoperative for designated periods of time;

F. A requirement to provide lists to the City upon request of each outgoing call as to the number called, its duration, and the date and time of the call;

G. A requirement that each PAT be equipped with a built-in volume control and a key pad that prevents the use of pagers or beepers;

H. Requirements limiting the hours of PAT operation together with appropriate signage related to said hours of operation;

I. A requirement to install a timer or manual switch that would allow the property owner or operator of the location of the PAT to control the functionality of the PAT remotely;

J. A requirement to provide suitable trash receptacles adjacent to the PAT;

K. A requirement to program the PAT so that said PAT may not be used or operated other than during the hours of operation specifically permitted;

L. Limiting the hours of operation of the PAT, except that 911 service shall be operable at all times;

M. Relocating the PAT to a different location on the property as approved by the City Manager;

N. Rendering of the PAT inoperable for a period to be determined by the City Manager;

O. Relocating the PAT inside the business;

P. Blocking of all incoming calls.

(ORD-12-0010, § 1, 2012)

Any PAT which is used as an instrumentality for or contributes substantially by its presences to any of the following conditions is hereby declared to be a public nuisance:

A. Selling or giving away controlled substances (as defined in Division 10 of the California Health and Safety Code);

B. Soliciting, agreeing to engage in, or engaging in an act of prostitution; or other criminal activity;

C. Consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;

D. Loitering on nearby public or private property;

E. Excessive noise;

F. Disturbance of the peace, public drunkenness, harassment of passerby, gambling, public urination or lewd conduct.

As used in this Section, "loitering" shall mean standing, sitting, lying or remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property does not have a purpose connected with the usual and ordinary use to which such property is put, does not have a bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance.

(ORD-12-0010, § 1, 2012)

Whenever the City Manager or designee determines that any PAT constitutes a public nuisance, the City Manager may commence proceedings to either suspend or revoke the permit or impose one (1) or more of the operating conditions set forth in Section 5.71.070, as appropriate.

(ORD-12-0010, § 1, 2012)

A. No permit issued pursuant to the provisions of this Chapter shall be suspended or revoked until after a hearing is held by the City Manager, relating to such suspension or revocation, notice of which hearing shall be given in writing to the permittee and served at least ten (10) days prior to the date of the hearing thereon. Such service shall be upon the holder of such permit or his/her manager or agent, which notice shall state the ground of suspension or revocation and shall also state the time when, and the place where, such hearing will be held. The notice shall be served upon the holder of the permit by mailing a copy of the notice, postage fully prepaid, addressed to the permittee at the address set forth in the permit application at least ten (10) days prior to the date of the hearing.

B. Any permit revoked pursuant to the provisions of this Chapter shall be surrendered by the permittee to the City Manager who shall transmit it to the business license section of the Department of Financial Management. The PAT shall be surrendered within ten (10) days or other time frame as may be designated by the City Manager or the City Council.

(ORD-12-0010, § 1, 2012)

A. Any applicant for a permit, pursuant to this Chapter, whose application for such permit has been denied by the City Manager, or any permittee whose permit has been suspended or revoked by the City Manager, may, within ten (10) days after such denial, suspension or revocation, appeal to the City Council pursuant to the provisions of Section 5.06.030. The disposition of the appeal by the City Council shall be final;

B. When an appeal is filed, the order of suspension or revocation shall be stayed pending the determination of the appeal by the City Council. The suspension or revocation shall be dissolved immediately if the decision of the City Council reverses the decision made by the City Manager.

(ORD-12-0010, § 1, 2012)

If any PAT permit is cancelled, suspended, or revoked, and the PAT is not removed by the Property Owner or PAT Operator within the time period designated by the City Manager, the PAT shall be deemed a public nuisance and the abatement of said nuisance will be accomplished by either City forces or private contractor, and the City Manager is expressly authorized to enter the premises for such purpose. Upon failure to claim the PAT and pay the expenses of removal and storage within thirty (30) days after removal, the PAT will be discarded or will be sold if determined to have value. The Property Owner or PAT Operator, as appropriate, shall be liable for the City's costs incurred in the removal and storage of such PAT, and said costs may constitute a lien upon said property until paid.

(ORD-12-0010, § 1, 2012)

In addition to any other remedy set forth in this Chapter, the City Manager or designee may cause the issuance of an administrative citation for any violation of this Chapter in accordance with Chapter 9.65 of this Code.

(ORD-12-0010, § 1, 2012)