Chapter 5.81 — EXTERIOR PAY TELEPHONE FACILITIES

"City Manager" means that person who holds the position of City Manager, as defined by Chapter 2.16 of this code, or designee.

"Exterior pay telephone" means any pay telephone visible from the public right-of-way and located outside an enclosed building.

"Improved area" means any area that has been improved with real or artificial lawn, flowers, shrubs, trees, plants, rocks, bark, textured concrete or other materials designed to upgrade the property.

"Loitering" means 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.

"Public nuisance" means any condition which is a nuisance and a public nuisance as defined in Section 3479 and 3480 of the Civil Code of the State of California or which is specifically declared to constitute a nuisance by any statute of the State of California or by any ordinance of the City of Orange.

"Public right-of-way" includes, but is not limited to the following: streets, roadways, parkways, and sidewalks, as these terms are hereinafter defined:

• A. "Street" means all that area dedicated to public use for public street purposes and includes, but is not limited to roadways, parkways, alleys and sidewalks.

• B. "Roadway" means that portion of a street that is improved, designed, or ordinarily used for vehicular travel.

• C. "Parkway" means that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway that is not open to vehicular travel.

• D. "Sidewalk" means that part of the area dedicated to public use for public street purposes designed for pedestrian travel located between the property line and parkway, or where there is no parkway between the sidewalk and the edge of the roadway.

• (Ord. 14-02)

The purpose of this chapter is to promote the public peace, morals, health, and safety by regulating the location of exterior pay telephone facilities. Such facilities may be potential loitering areas, the site of criminal activity such as soliciting or agreeing to engage in acts of prostitution as well as communication devices and drop zones for drug dealing. Further, certain exterior pay telephones are poorly designed and provide a poor image for the surrounding neighborhood or business area. The intent of these regulations is to provide safeguards against nuisance and criminal activity, and to prevent aesthetically offensive installations.

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.81.020

§ 5.81.060

• (Ord. 14-02)

It is unlawful for any person to place or permit the placement of any exterior pay telephone facility within the City unless the owner has a valid business license, as required by Chapter 5.06 of this code. Business licenses shall be issued by the Business Services Coordinator in consultation with the Community Development Director, or designee. In addition to the application requirements of Chapter 5.06, the applicant shall provide the following information:

• A. The name, address and telephone number of the owner of the exterior pay telephone and the name and address of the person to whom any notice pursuant to this chapter should be given.

• B. The location at which the exterior pay telephone is to be installed and maintained, including a dimensioned diagram showing the exact location of the exterior pay telephone and the improved area adjacent to the telephone.

• (Ord. 14-02)

In addition to compliance with Section 5.81.030, the name, address, and telephone number of the permittee shall be affixed to each exterior pay telephone in such manner and form as the Business Services Coordinator prescribes. Each year, upon renewal, the permittee shall furnish to the Business Services Coordinator an accurate list of locations of all such exterior pay telephones owned, operated, or controlled by the permittee. (Ord. 14-02)

The permittee shall pay a business license fee, on an annual basis, of an amount based upon the fee established in the City of Orange Master Schedule of Fees. Failure to pay the annual fee shall cause a lapse in the business license, which terminates the privilege to operate an exterior pay telephone. An application for a new license must then be filed if the person wishes to restore the privilege of operating an exterior pay telephone. (Ord. 14-02)

Exterior pay telephones shall be prohibited in the following locations:

• A. In any residential zone as defined in the Orange Municipal Code Section 17.14.020;

• B. On or adjacent to any public road or right-of-way, unless permitted by an encroachment permit, including parkway or sidewalk, in order to keep clear and unobstructed access for pedestrian and vehicular traffic;

• C. On unimproved private property;

• D. In any required front or side yard setback;

• E. In any rear yard setback area of commercial or industrial properties abutting residential zones.

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City of Orange, CA

ORANGE CODE

§ 5.81.060

§ 5.81.070

(Ord. 14-02)

• A. Any exterior pay telephone installed, located, maintained, or operated in any prohibited location, as defined by Section 5.81.060 of this chapter, or installed, located, maintained, or operated in violation of any other provision of this chapter is hereby declared to be a public nuisance. No exterior pay phone shall cause or contribute to the following:

  1. Safety and aesthetic issues like exposed conduits, wiring, signage issues on pay telephone exterior and/or aesthetically offensive installation;

  2. Buying, selling or giving away any controlled substances as defined in Division10 of the California Health and Safety Code; soliciting, agreeing to engage in any act of prostitution, or any other criminal activity;

  3. Consumption of alcoholic beverages on property except where specifically authorized pursuant to a license issued by the Department of Alcoholic Beverage Control;

  4. Loitering on nearby public or private property;

  5. Excessive noise.

• B. Whenever the City Manager determines that any exterior pay telephone constitutes a public nuisance as defined by this chapter, he or she may commence proceedings to abate the nuisance. The abatement proceedings shall conform to this section except as specified in this chapter.

• C. No proceedings to abate a public nuisance as defined in this chapter shall be commenced unless the City Manager has made a reasonable effort to notify the property owner where the exterior pay telephone is located or the exterior pay telephone permittee of the specific problems associated with the exterior pay telephone. The property owner and/or the exterior pay telephone vendor shall be given a reasonable opportunity to eliminate the problems described in this section or by voluntary measures, such as:

  1. Blocking incoming calls;

  2. Lighting to be installed to a minimum of one and one-half footcandle;

  3. Changing the telephone's location on the property;

  4. Making the telephone inoperative;

  5. Temporarily removing the telephone;

  6. Changing the type of enclosure of the telephone;

  7. Removing the telephone number and the ringer from the telephone;

  8. Shutting off the keypad after the initial number is dialed to eliminate the beeper use;

  9. Making the telephone inoperable for designated periods of time;

  10. Removing the telephone handset; or

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.81.070

§ 5.81.080

11. Moving the telephone inside the business.

(Ord. 14-02)

• A. Whenever the City Manager is advised that an exterior pay telephone has been installed or is being maintained in violation of this chapter, he or she shall so notify the permittee, pursuant to Section 5.81.030. Such notice shall state the nature of the violation, the intention to impound the exterior pay telephone if the violation is not corrected or a hearing is not requested before the City Manager within 10 business days after the giving of such notice, and the procedure for requesting such a hearing. A timely request for a hearing shall stay any abatement proceedings, provided that if the violation is not corrected within 10 business days of the date of the decision the City Manager may impound the exterior pay telephone in accordance with subsection C of this section.

• B. Whenever an exterior pay telephone is impounded pursuant to subsection C of this section, the exterior pay telephone shall be removed at the direction of the City Manager and stored in a convenient location. The City Manager shall notify the permittee by mailing a "notice of removal" to the address shown on the exterior pay telephone and if not shown, at the last known address of the permittee if such address can be ascertained. Such notice shall state the date the pay telephone was removed, the reasons for removal, the location and procedure for claiming the pay telephone and the procedure for obtaining a post-removal hearing before the City Manager if desired. Any such pay telephone removed and stored pursuant to these provisions shall be released to the permittee if claimed within 30 days after the mailing of the notice of removal and upon the payment of reasonable charges for its cost of removal and storage. Upon failure of the permittee to claim the pay telephone and pay the reasonable charges within 30 days after the mailing of notice of removal, such pay telephone shall be deemed to be unclaimed property and may be disposed of as such.

• C. Any exterior pay telephone in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The City Manager shall notify the permittee by mailing a notice of removal to the last-known address of the permittee. Such notice shall state the date the exterior pay telephone was removed, the reasons for removal, the location and procedure for claiming the pay telephone, and the procedure for obtaining a post-removal hearing before the City Manager. Any such exterior pay telephone removed and stored pursuant to this subsection shall be released to the permittee if claimed within 30 days after the mailing of written notice of removal and upon the payment of reasonable charges for its cost of removal and storage. Upon failure of the permittee to claim such pay telephone and pay the reasonable charges within this 30-day period, such pay telephone shall be deemed to be unclaimed property and shall be disposed as such.

• D. Within 10 days of the notice of violation, or notice of removal of an exterior pay telephone summarily impounded, the permittee, or other person who provides satisfactory proof of ownership, may request a hearing before the City Manager. The request shall be in writing, shall state the basis thereof and shall be filed with the City Manager.

• E. The hearing shall be held within 10 working days of filing the request, unless continued for good cause. At the hearing any person may present evidence or argument as to whether the use of the pay telephone has violated this chapter. Within five working days after the close

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City of Orange, CA § 5.81.080

ORANGE CODE

§ 5.81.100

of the hearing, the City Manager shall render a decision in writing to the person who requested the hearing. This decision shall be final.

• F. All notices shall be sent by certified mail to the address shown on the exterior pay telephone and if not shown, at the last known address of the permittee if such address can be ascertained.

• (Ord. 14-02)

• A. Side panels on exterior pay telephones shall relate solely to exterior telephone identification and/or the business name or logo of the pay telephone company provider. No advertising of products, services or special events is allowed. Telephone side panels must be composed of materials allowing for cleaning and removal of graffiti without deterioration of the color or surface appearance of the enclosure. Service providers will be responsible for keeping side panels clean and free of graffiti. All enclosures must be U.L. listed and all light fixtures operational if units are wired for lighting. Vandalized enclosures/side panels requiring repairs shall be replaced within five business days of notification of the service provider.

• B. Fully enclosed exterior pay telephone booths shall be designed in a manner such that a minimum 50% of each wall of the enclosure is comprised of a transparent material.

• C. Signage indicating the location of an exterior pay telephone may not be placed on the site or extend above the telephone cabinet unless deemed necessary due to public safety concerns as determined by the Chief of Police. In such instances, said signage shall be limited to the international telephone symbol no larger than two square feet in size.

• D. Telephone identification attached to a building or structure is not permitted.

• E. Telephones may not be used to advertise on or off-site business activities.

• F. Overhead phone service for an exterior pay telephone installation is discouraged, and shall be considered on a case-by-case basis. Conduit installed on an exterior building wall for exterior pay telephone installation shall be painted to match the building.

• G. Exterior pay telephones shall be lighted, either directly or indirectly, at a minimum of one and one-half footcandles.

• H. Landscaping installed within 20 feet of an exterior pay telephone shall be maintained in a manner, or comprised of species, that allow maximum visibility of the exterior pay telephone from the public right-of-way or interior of the building sharing a property with the telephone. Shrubbery and groundcover shall not exceed a height of three feet. Tree canopies shall be trimmed to provide six feet of vertical clearance as measured from finished grade.

• I. Exterior pay telephones located on the back or sides of buildings, or at the rear of properties shall be lighted at a minimum of one and one-half footcandles within 20 feet of the phone and be clearly visible from the interior space of the subject building.

• J. Exterior pay telephones shall not be located in required landscape areas. (Ord. 14-02)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.81.100

§ 5.81.120

The provisions of this chapter shall apply to all exterior pay telephone facilities, as defined by this chapter, installed and maintained after the effective date of the ordinance codified in this chapter.

(Ord. 14-02)

All exterior pay telephone facilities installed and maintained prior to the effective date of this chapter shall be brought into full compliance with all of its provisions within 24 months of the effective date of the ordinance codified in this chapter. (Ord. 14-02)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and/or six months in jail. Each day that such violation is committed or permitted to continue shall constitute a separate and distinct offense. (Ord. 14-02)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.82.010

§ 5.82.050