Santa Ana Municipal Code § 17-72 Public nuisance

Footnotes:

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Cross reference— General abatement provisions, § 17-1 et seq.; abatement proceedings, § 17-20 et seq.

(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) shall be removed within ninety (90) days after the effective date of this article. 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 this article and which contains provisions for termination shall be removed by the first date after enactment of this article 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 this article, whichever occurs later.

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

(Ord. No. 2154, § 1, 2-3-92)

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 public nuisance:

(1) 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.

(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.

(4) Excessive noise.

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

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 a bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance.

(Ord. No. 2154, § 1, 2-3-92; Ord. No. NS-2374, § 1, 12-7-98)

(a) Whenever the chief of police or his designee determines that any pay telephone constitutes a public nuisance as defined in sections 17-71 or 17-72, the chief of police or his designee may commence proceedings to abate the nuisance. The abatement proceedings shall conform to article II of this chapter, except as specified in this article.

(b) No proceedings to abate a public nuisance as defined in sections 17-71 or 17-72 shall be commenced unless the chief of police or his designee 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 sections 17-71 or 17-72 by voluntary measures, such as:

(1) Blocking incoming calls;

(2) Lighting to be installed to a minimum of one (1) footcandle;

(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 (1) of the telephones;

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

(9) Shutting off the keypad after the initial number is dialed to eliminate the beeper use;

(10) Make the telephone inoperable for designated periods of time;

(11) Remove telephone handset; or

(12) Move the telephone inside the business.

(Ord. No. 2154, § 1, 2-3-92; Ord. No. NS-2374, § 2, 12-7-98)

If the public nuisance to be abated is one defined in section 17-72:

(1) The hearing notice required by section 17-21 shall specify that abatement shall consist of removal of the pay telephone, revocation of the land use certificate issued pursuant to section 41-198.100, 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 (1) year from the date of removal; and

(2) Any decision of the hearing officer ordering abatement shall specify that the land use certificate issued pursuant to section 41-198.100 is revoked, and 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 (1) year from the date of removal.

(Ord. No. 2154, § 1, 2-3-92; Ord. No. NS-2489, § 3, 2-4-02)

All notices shall also be sent to any vendor of the pay telephone, if known to the chief of police or his designee.

(Ord. No. 2154, § 1, 2-3-92)

The chief of police or his designee shall maintain and make available upon request a list of locations where installation of pay telephones is prohibited pursuant to section 17-74.

(Ord. No. 2154, § 1, 2-3-92)