Pomona Municipal Code § 62-124 Public nuisance

(a) No pay telephone shall be installed, located, or maintained on unimproved private property.

(b) Any pay telephone that is located or maintained on unimproved private property shall be removed by the pay telephone vendor or the owner of the property upon which the pay telephone is located within 90 days after the effective date of annexation of the property into the city. Notwithstanding the foregoing, any existing pay telephone in a newly annexed area which is the subject of a written contract authorizing its installation which was entered into prior to annexation and which contains provisions for termination shall be removed by the first date after annexation on which permissive termination of the written contract by either party could take effect, if either party elected to terminate, or within 90 days after the effective date of annexation, whichever occurs later.

(c) Any pay telephone installed on improved private property to which improvements have been made but which are subsequently discontinued or abandoned for a period of 90 days or more shall be removed or rendered inoperative by the pay telephone vendor or the owner of the property upon which the pay telephone is located at the end of the 90 days.

(Code 1959, § 5-180; Ord. No. 3899, § 1 (part))

Any pay telephone on private property shall be located either within a building or outside a building, where it is within view from indoors or near a well-lit walkway and/or driveway. All outdoor pay telephones shall be located as close as possible to the building entrance. Outdoor pay telephones shall be sufficiently illuminated to allow any person using the pay telephone to be seen from a distance of at least 50 feet. No obstacles such as utility poles, trees or landscaping shall 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 feet from any public right-of-way. For purposes of this section, "public right-of-way" shall mean i) any street, curb, or gutter, ii) any sidewalk located adjacent to a street, curb, or gutter, iii) any alley, or iv) any other land owned by the city or other public entity used for public access.

(Code 1959, § 5-181; Ord. No. 3899, § 1 (part); Ord. No. 4078, § 2)

Vendors of pay telephones located on private property shall pay an annual license tax as required by section 50-411(b).

(Code 1959, § 5-182; Ord. No. 3899, § 1 (part))

(a) Any pay telephone which is installed, located, maintained, or operated in violation of section 62-121 or 62-122 is hereby declared to be a public nuisance.

(b) Any pay telephone that is used on improved private property as an instrumentality for, or contributes substantially by its presence to, any of the following conditions is hereby declared to be a public nuisance:

(1) Selling or giving away any controlled substances (as defined in Division 10 of the California Health and Safety Code); soliciting, agreeing to engage in, or engaging in any act of prostitution or other criminal activity;

(2) 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;

(3) Loitering on nearby public or private property. As used in this section, "loitering" shall mean lingering, staying at or failing to leave the property when requested to do so by a police officer, owner, operator or other person in control of the property under circumstances indicating the person has no lawful purpose connected with the usual and ordinary use of the pay telephone;

(4) Excessive noise;

(5) Disturbance of the peace, public drunkenness, harassment of passersby, gambling, public urination or lewd conduct; or

(6) Excessive number of incomplete 911 hang-up calls.

(Code 1959, § 5-183; Ord. No. 3899, § 1 (part); Ord. No. 4078, § 3)

(a) Whenever the chief of police, or his or her designee, determines that any pay telephone on private property constitutes a public nuisance, as defined in section 5-183 subsection (a) or (b), the chief of police, or his or her designee, may commence proceedings to abate the nuisance. Except as otherwise provided in this chapter, abatement proceedings shall be conducted in the manner prescribed by article II of chapter 18.

(b) No proceeding to abate a public nuisance as defined in section 62-124(b) shall be commenced unless the chief of police, or his or her designee, first has made a reasonable effort to work with the pay telephone vendor or the owner of the property upon which the pay telephone is located to eliminate the conditions described in section 62-124(b) 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;

(7) Removing all or one of the telephones;

(8) Removing the telephone number and ringer from the telephone;

(9) Making the telephone inoperable for designated periods of time; or

(10) Moving the telephone inside the business.

For purposes of this section, "reasonable effort" shall be fulfilled upon the chief of police, or his or her designee, sending a notice of violation to the pay telephone vendor referencing the violation and the expiration of a 45-day period from time of mailing such notice to allow pay telephone vendor to implement voluntary measures as described above. During said period, the pay telephone vendor may attempt to make voluntary measures, including those described above, in an effort to correct the nuisance or violation. If no measures have been taken within said period, or if the nuisance conditions and secondary effects still exist despite the implementation of any measures, then a public nuisance is confirmed and the phone may be abated as proscribed under this division.

(Code 1959, § 5-184; Ord. No. 3899, § 1 (part); Ord. No. 4078, § 3)

In addition to the abatement procedures defined in article II of chapter 18, any notices of violation and abatement shall also be sent to any vendor of the pay telephone, if known.

(Code 1959, § 5-185; Ord. No. 3899, § 1 (part))

If the measures of section 62-125(b) are unsuccessful and abatement of the pay telephone as a public nuisance is ordered, such abatement may be appealed to the chief of police as provided in article II of chapter 18.

(Code 1959, § 5-186; Ord. No. 3899, § 1 (part))

If the public nuisance to be abated is one defined in section 62-124(b), abatement shall consist of removal of the pay telephone that is declared a public nuisance, and no pay telephone shall be installed on the same parcel or on any contiguous parcel for a period of one year from the date of removal.

(Code 1959, § 5-187; Ord. No. 3899, § 1 (part))

The chief of police shall maintain and make available, upon request, a list of locations where installation of pay telephones is prohibited pursuant to section 62-128.

(Code 1959, § 5-188; Ord. No. 3899, § 1 (part))