Rialto Municipal Code Ch. 9.27 Pay Telephones

A. No pay telephone shall be installed, located or maintained on unimproved property.

B. Any existing pay telephone which is located or maintained in violation of subsection (A) of this section shall be removed within ninety days after the effective date of the ordinance codified in this section. Notwithstanding the previous sentence, any 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 section and which contains provisions for termination shall be removed by the first date after enactment of the ordinance codified in this section on which permissive termination of the written contract by either party could take effect, if either party elected to terminate, or within ninety days after the effective date of the ordinance codified in this section, whichever occurs later.

C. Any pay telephone which is installed, located, maintained or operated in violation of this section is declared to be a public nuisance.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

Any pay telephone which is used as an instrumentality for or contributes substantially by its presence to any of the following conditions 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); soliciting, agreeing to engage in, or engaging 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;

D. Excessive noise.

As used in this section, "loitering" shall mean 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.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

A. Whenever the enforcement officer determines that any pay telephone constitutes a public nuisance as defined in Sections 9.27.010 or 9.27.020, the enforcement officer may commence proceedings to abate the nuisance. The abatement proceedings shall conform to Chapter 9.42, except as specified in this chapter.

B. No proceedings to abate a public nuisance as defined in Section 9.27.020 shall be commenced unless the enforcement officer 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 Section 9.27.020 by voluntary measures, such as blocking incoming calls, adding lighting, changing the telephone's location on the parcel, making the telephone temporarily inoperative, or temporarily removing the telephone.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

If the public nuisance to be abated is one defined in Section 9.27.020:

A. The hearing notice required by Section 9.42.090 shall specify that abatement shall consist of removal of the pay telephone, and that no pay telephone shall be installed on the same parcel, or on any contiguous parcel owned by the same property owner, to replace the removed telephone for a period of one year from the date of removal; and

B. Any decision of the hearing officer ordering abatement shall specify that no pay telephone shall be installed on the same parcel, or on any contiguous parcel owned by the same property owner, to replace the removed telephone for a period of one year from the date of removal.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

All notices shall also be sent to the vendor of the pay telephone, if known to the enforcement officer.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

The enforcement officer shall maintain, and make available upon request, a list of locations where installation of pay telephones is prohibited pursuant to Section 9.27.040.

(Ord. 1177 § 1 (part), 1992: Ord. 1166 § 1 (part), 1992)

If any provision or section of this chapter, or the application thereof to any person or circumstance, is held or deemed to be invalid, it is the intent of the city that the invalidity shall not affect any other provisions, sections or applications of this chapter which can be given effect without the invalid provision, section or application and to this end the provisions and sections of this chapter are severable.

(Ord. 1177 § 2, 1992)