San Diego Municipal Code Div. 6 Public Pay Telephones in the Public Right-of-Way

(“Public Pay Telephones in the Public Right-of-Way” added 9–27–1999 by O–18685 N.S.)

This division establishes a permitting process for installing and maintaining public pay telephones in the public right-of-way. The process is intended to be coordinated with the City’s other laws and policies in regard to the effects of public pay telephones. (“Purpose and Intent” added 9-27-1999 by O-18685 N.S.)

All defined terms appear in italics in this division. Defined terms are set forth in this section and Section 54.0502. For purposes of this Division:

Public pay telephone means only those public pay telephones that are located wholly or partially in the City’s public right-of-way. (“Definitions” added 9-27-1999 by O-18685 N.S.)

Right-of-Way

(a) The City Manager or his designee is authorized to issue permits from time to
time for the installation of public pay telephones in the public right-of-way.
The City Manager shall approve the number of public pay telephones so as to
best serve the public interest.

(b) A permit issued in accordance with the provisions of this Division is required
for the installation and maintenance of public pay telephones in the public
right-of-way.

(c) A permit for a public pay telephone in a public right-of-way that is located in
a “High Crime Area” or “Redevelopment Project Area” or “Redevelopment

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Study Area” shall only be issued after approval for installation has also been given by the Chief of Police pursuant to section 54.0505.

(“Permit Required to Install or Maintain Public Pay Telephone in the Public Right-of-Way” added 9-27-1999 by O-18685 N.S.)

(a) Public pay telephones will be located so as not to unreasonably interfere with the rights of the public to use the public sidewalks.

(b) Permittees shall install the public pay telephones at the Permittee’s expense
and to the satisfaction of the City Manager.
(“Location of Public Pay Telephone in Public Right of Way” added 9-27-1999 by
O-18685 N.S.)

(a) Permittees shall maintain the public pay telephones in good working order.

(b) Permittees shall maintain the public pay telephones and their enclosures, if
any, in a clean and sanitary condition. This includes the removal of all graffiti
and litter.
(“Permittee’s Duty to Maintain Public Pay Telephone and Surrounding Area” added
9-27-1999 by O-18685 N.S.)

All Permittees shall indemnify and save the City of San Diego harmless from any and all losses, claims, expenses, or judgments to any person or property arising from the installation, maintenance, or presence of the public pay telephones. (“Permittee’s Duty to Indemnify City” added 9-27-1999 by O-18685 N.S.)

Any permit issued by the City Manager shall contain all the conditions set forth in this Division or incorporate such conditions by reference to this section. (“Requirements of Division to be Conditions of Permit” added 9-27-1999 by O-18685 N.S.)

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(a) From and after October 27, 1999, any person wanting to own or control a public pay telephone located in the public right-of-way shall first comply with the provisions in this Division.

(b) Persons owning or controlling public pay telephones located in the public
right-of-ways as of October 27, 1999 shall be required to obtain a permit in
accordance with this Division. Such persons shall have six months from
October 27, 1999 to obtain such permit.

(c) A person may apply to the City Manager for a ninety-day extension of time to
obtain the permit. The City Manager may, at his discretion, grant or deny any
request for extension. The City Manager’s decision as to any such extension
shall be put into writing and provided to the person seeking the extension.
(“Time for Compliance” added 9-27-1999 by O-18685 N.S.)

(a) If a person has installed and is maintaining a public pay telephone that is in the public right-of-way and that is subject of a written contract between the person and another party, that person may maintain that public pay telephone in its present location for the remaining term of the contract, or for a period of five years from October 27, 1999, whichever period is shorter (the Grace Period), on condition that:

(1) the public pay telephone only incidentally encroaches into the public
right-of-way,

(2) the public pay telephone does not interfere with the use of the public
right-of-way, and

(3) no other reason exists to remove or relocate the public pay telephone
out of the right-of-way.

(b) The City Manager has the discretion to determine whether a public pay
telephone “only incidentally” encroaches into the public right-of-way, on a
case by case basis, but may consider whether the encroachment is minor,
insubstantial or unintentional.

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(c) Upon the expiration of the Grace Period, the person owning or controlling a
public pay telephone subject to this Section 54.0609 must comply with all of
the requirements set forth in this Division, and shall have no further right to
have the public pay telephone continue to encroach upon the public
right-of-way.
(“Grace Period for Public Pay Telephones Subject to Existing Contracts” added
9-27-1999 by O-18685 N.S.)

In the event the Permittee removes any public pay telephone without prior revocation by the City Manager, the Permittee shall restore the sidewalk as nearly as practicable to its condition prior to such installation. (“Duty to Restore Sidewalk upon Removal of Public Pay Telephone” added 9-27-1999 by O-18685 N.S.)

(a) Except as provided in Section 54.0611(b), on thirty calendar days’ prior written notice to the Permittee, the City Manager may revoke any permit.

(b) Any failure of compliance with all requirements of this Code shall
immediately and automatically revoke the permit without further action by the
City being necessary. Notice of such revocation shall be delivered in
accordance with this Section.

(c) Upon delivery of the notice of revocation, the Permittee shall, immediately
and at its own expense, remove the public pay telephone or telephones
installed pursuant to the permit and shall restore the sidewalk as nearly as
practicable to its condition prior to such installation. Delivery of the notice of
revocation will be effective upon mailing.

(d) If a Permittee fails to remove a public pay telephone within ten business days
after the date of delivery of the notice of revocation, the City may remove the
public pay telephone and recover the costs of removal and restoration of the
sidewalk from the Permittee.
(“Revocation of Permits” added 9-27-1999 by O-18685 N.S.)

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The City Manager shall adopt procedures implementing this Division, and shall make a copy of those procedures available to any person upon request. (“City Manager to Adopt Implementing Procedures” added 9-27-1999 by O-18685 N.S.)

In the event that any public pay telephone permitted according to this Division is determined to be a public nuisance, it shall be subject to the abatement procedures of section 54.0506, and the permit shall be revoked at the completion of the abatement process. (“Public Pay Telephone as Public Nuisance” added 9-27-1999 by O-18685 N.S.)

Any person who fails to comply with the provisions of this Division may be prosecuted in accordance with the provisions of Section 12.0201 of this Code. However, criminal charges may not be filed until thirty calendar days from the date the City Manager or designee sends a notice to the person requesting compliance. The City Manager may also seek injunctive relief and civil penalties as provided in Section 12.0202 of this Code, or pursue any administrative remedy provided in Chapter 1 of this Code. (“Enforcement Remedies” added 9-27-1999 by O-18685 N.S.)

(a) Nothing in this Division shall be deemed or interpreted to exempt public pay telephones in the public right-of-way from being subject to any other applicable regulatory provisions and procedures contained in this Code.

(b) No permit issued pursuant to this Division is valid unless the Permittee has
also complied, and remains in compliance, with all other requirements of this
Code. Compliance with all other requirements of the Code is the sole
responsibility of the Permittee; the City Manager has no obligation to ensure
that the Permittee is in compliance with any other sections of the Code.
(“Applicability of Other Laws and Ordinances” added 9-27-1999 by O-18685 N.S.)

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Article 4: Public Hazards and Public Nuisances