Chapter 16 — PAY TELEPHONES ON PRIVATE PROPERTY

4-16.01 Pay telephones: Prohibited locations 4-16.02 Pay telephones: Location requirements 4-16.03 Pay telephones: Public nuisance 4-16.04 Abatement generally 4-16.05 Replacement prohibited 4-16.06 Notice of pay telephone vendor 4-16.07 List of abated locations

(a) No pay telephone shall be installed, located, or maintained on unimproved private property. Any existing pay telephone which is located or maintained on unimproved private property shall be removed within ninety (90) days after the effective date of the ordinance codified in this chapter. Notwithstanding the foregoing, any existing pay telephone which is the subject of a written contract authorizing its installation which was entered into prior to the enactment of the ordinance codified in this chapter and which contains provisions for termination shall be removed by the first date after enactment of the ordinance codified in this chapter on which permissive termination of the written contract by either party could take effect, if either party elected to terminate, or within ninety (90) days after the effective date of the ordinance codified in this chapter, whichever occurs later. (b) Any telephone installed on improved private property the use or improvements of which are subsequently discontinued or abandoned for a period of ninety (90) days or more shall be removed or rendered inoperative at the end of said ninety (90) days. (c) Any pay telephone which is installed, located, maintained, or operated in violation of this section is hereby declared to be a public nuisance. (§ 1, Ord. 2615, eff. June 20, 1996)

New pay telephones on private property shall be located either within a building or where they may be seen from within a building or near well lit walkways and/or driveways. Outdoor pay telephones shall be located as close as possible to the building entrance. Outdoor pay telephones shall be lit to the satisfaction of the Police Department. No obstacles such as utility poles, trees or landscaping should obstruct a clear view of an outdoor pay telephone from the public street. Notwithstanding the foregoing, in no event shall an outdoor pay telephone be located closer than five (5) feet from any public right-of-way. (§ 1, Ord. 2615, eff. June 20, 1996)

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

(a) Selling or giving away any controlled substances (as defined in Division 10 of the California Health and Safety Code, commencing with Cal. Health & Safety Code § 11000); soliciting, agreeing to engage in any act of prostitution, or other criminal activity; (b) 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; (c) Loitering on nearby public or private property. 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 bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance; (d) Excessive noise. (§ 1, Ord. 2615, eff. June 20, 1996)

(a) Whenever the Chief of Police, or his designate, determines that any pay telephone on private property constitutes a public nuisance, the Chief of Police, or his designate, may commence proceedings to abate the nuisance. Except as otherwise provided in this chapter, abatement proceedings shall be conducted in the manner prescribed by §§ 5-22.04 through 5-22.08 of this Code. (b) No proceeding to abate a public nuisance as defined in § 4-16.03 shall be commenced unless the Chief of Police, or his designate, first has made a reasonable effort to work with the property owner where the pay telephone is located or the pay telephone vendor to eliminate the conditions described in §§ 4-16.01 and 4-16.03 by voluntary measures such as: (1) Blocking incoming calls; (2) Adding lighting; (3) Changing the telephone's location on the parcel; (4) Making the telephone inoperative; (5) Temporarily removing the telephone; (6) Changing the type of enclosure of the telephone; or (7) Removing all or one of the telephones. (§ 1, Ord. 2615, eff. June 20, 1996)

If the public nuisance to be abated is one defined in § 4-16.03, abatement shall consist of removal of the pay telephone, and no pay telephone shall be installed on the same parcel, or on any contiguous parcel owned by the same property owner, for a period of one (1) year from the date of removal. (§ 1, Ord. 2615, eff. June 20, 1996)

Any notice of violation shall also be sent to any vendor of the pay telephone, if known. (§ 1, Ord. 2615, eff. June 20, 1996)

The Chief of Police, or his designate, shall maintain and make available upon request a list of locations where installation of pay telephones is prohibited pursuant to § 4-16.05. (§ 1, Ord. 2615, eff. June 20, 1996)