National City Municipal Code Ch. 10.25 Public Pay Telephone Regulations

Any public pay telephone which is used as an instrumentality for, or contributes substantially by its presence to, any of the following activities is 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; or

B. Consuming alcoholic beverages on 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; or

C. Prostitution; or

D. Loitering for a criminal purpose on public or private property; or

E. Making excessive noise.

(Ord. 2087 (part), 1994; Ord. 2084 (part), 1994)

A. Whenever the chief of police determines that any public pay telephone constitutes a public nuisance within the meaning of Section 10.25.010, the chief of police may commence proceedings to abate the nuisance. The abatement proceedings shall be governed by the procedures set forth in Chapter 1.36 of this code.

B. The city shall not commence any proceedings to abate a public pay telephone constituting a public nuisance unless the chief of police first has notified the public pay telephone owner and local public pay telephone trade associations, such as the San Diego Payphone Owners Association, and has made a reasonable effort to work with the property owner upon whose property the public pay telephone is located or the public pay telephone owner, or both, to eliminate the activities constituting a public nuisance by voluntary measures, such as:

1. Blocking incoming calls;

2. Removing the telephone number and ringer on the pay phone;

3. Shutting off the key pad after the initial number is dialed to eliminate "beeper" use;

4. Making the telephone inoperative for designated time periods;

5. Removing hand sets;

6. Adding lighting;

7. Changing the type of enclosure of the telephone; or

8. Removing any or all of the telephones.

(Ord. 2087 (part), 1994; Ord. 2084 (part), 1994)

A. If any public pay telephone constitutes a public nuisance because it is used for one or more of the activities set forth in Section 10.25.010, the nuisance abatement proceedings provided for in Chapter 1.36 of this code shall be followed.

B. The abatement notice issued pursuant to the nuisance abatement proceedings shall specify that abatement will require removal of the public pay telephone, and shall specify that it is unlawful for any public pay telephone owner to install a replacement public pay telephone on the same parcel or on any contiguous parcel owned by the same property owner for a period of up to one year from the date of removal.

(Ord. 2087 (part), 1994; Ord. 2084 (part), 1994)

Public pay telephones located inside any building open to the public are exempt from the regulations of this chapter.

(Ord. 2087 (part), 1994; Ord. 2084 (part), 1994)

The chief of police shall maintain, and make available upon request, a list of locations where installation of public pay telephones is prohibited.

(Ord. 2087 (part), 1994; Ord. 2084 (part), 1994)

All telephone booths and enclosures shall be properly maintained and kept free of graffiti, litter and debris, and shall not be permitted to fall into a state of disrepair.

(Ord. 2125, 1996)

Each public pay telephone operator or owner operating and maintaining a public pay telephone in the city is conducting business in the city and is subject to and required to pay a business tax in accordance with the provisions of Chapter 6.04 of this code. The city finance officer shall issue to operators in compliance with those provisions appropriate decals for placement on complying equipment. Instruments not in compliance are subject to the enforcement provisions of Chapter 6.04 for administration and collection of taxes.

(Ord. 2143, 1998)