Santa Paula Municipal Code Ch. 157 Pay Phone Permits

This chapter is adopted in accordance with the city's police powers and Cal. Gov’t Code § 37359 for the purpose of regulating the placement and installation of pay phones within the city's jurisdiction. Such regulation is intended to ensure quality pay phone service and avoid the possible secondary effects of public nuisances and criminal activity that can result from operations of unregulated pay phones.

(Ord. 1099, passed 4-19-04)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

ADMINISTRATOR means the Public Works Director.

APPLICANT means the person, whether corporate or natural, applying for a pay phone permit.

BLOCK-FACE means the length of land between intersections.

CONTROLLED SUBSTANCE means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act (Cal. Health & Safety Code §§ 11000 et seq.).

EXISTING PAY PHONE means those phones that were lawfully installed as of May 1, 2004.

HEARING OFFICER means the City Manager, or designee.

OUTDOOR PAY PHONES means any telephone booth, mounted telephone, or other form of publicly accessible pay phone, located on public property or on private property as an accessory, not enclosed within the interior of a building.

PAY PHONE SERVICE PROVIDER means any person, corporate or natural, that owns pay phones or manages and operates a business that directly provides pay phone services.

PAY PHONE means any coin- or credit card- operated telephone installed on public or private property. Public property includes public rights-of- way.

PUBLIC RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined by Cal. Sts. & High. Code § 18609.

USE AGREEMENT means an agreement between the city and any person intending to place phones on public property that requires payment of a specified percentage of revenue to the city in exchange for the use of the public property.

(Ord. 1099, passed 4-19-04)

(A) It is unlawful for any person to install, maintain, or operate a telephone booth, mounted telephone, or other form of publicly accessible pay phone not enclosed within the interior of a building, whether on public or private property without first obtaining a permit issued pursuant to this chapter.

(B) A permit is not deemed issued until the administrator receives the applicant's written acceptance in accordance with this chapter.

(Ord. 1099, passed 4-19-04)

Persons applying for a permit under this chapter must pay a permit fee as established by City Council resolution.

(Ord. 1099, passed 4-19-04)

The administrator is authorized to administer this chapter, including, without limitation, acting on all applications for a permit required by this chapter. In addition, the City Manager may promulgate administrative policies and procedures to implement the purpose of this chapter.

(Ord. 1099, passed 4-19-04)

Applications for a permit required by this chapter must be filed with the administrator in a form, and with the information, prescribed by the administrator. At a minimum, applications must include the following:

(A) An application fee;

(B) Except for existing pay phones, the real property owner and pay phone service provider must be co-applicants for a permit;

(C) For existing pay phones, the pay phone service provider must provide proof of a valid current contract with the real property owner or tenant. Failure to submit such proof will cause the application to be deemed for installation of a new pay phone.

(D) Evidence that the applicant notified all persons owning property within 300 feet, as determined by the last equalized assessment roll, of the proposed installation site regarding the application; and

(E) Plans indicating the proposed or existing location of the pay phone in relation to public property.

(Ord. 1099, passed 4-19-04)

(A) After receiving an application, the administrator will seek comments and recommendations from the Police Chief;

(B) If an application is complete and there are no grounds for denial, the administrator will approve the application and issue a permit subject to all of the conditions provided for by this chapter, including such special conditions as may be appropriate, upon the applicant providing proof of insurance and compliance with all conditions precedent to the issuance of the permit.

(Ord. 1099, passed 4-19-04)

All pay phone permits are effective for 12 months from the date of issuance and must be renewed annually. The amount of a renewal fee will be established by City Council resolution. The administrator may deny a permit renewal application if the pay phone subject to a permit renewal is found not to be in compliance with approved conditions of approval or if it is found to be a public nuisance. The annual renewal fee is due and payable 30 days before the expiration of the permit. If the annual renewal fee is not paid by this date, the city may revoke the permit. Late fees may be established by City Council resolution. The city may use any and all lawful means to collect outstanding fees including liening the real property, legal action, or holding of removed pay phones until all fees are paid.

(Ord. 1099, passed 4-19-04)

No pay phone permit may be issued for a pay phone at an intersection when there are already two or more pay phones at an intersection. No pay phone permit may be issued for any city block when there are already two or more pay phones on the block-face between intersections. This applies to all outdoor pay phones, whether on public or private property. The administrator may grant an exception to this requirement upon the finding that it will enhance service to the public and will not create a public nuisance at that particular location.

(Ord. 1099, passed 4-19-04)

No pay phone permits may be issued for outdoor pay phones located on the property of alcohol beverage sales establishments selling alcohol beverages except at establishments with 25 or more full time equivalent employees and a minimum total floor area of 20,000 square feet. Unless otherwise required in this chapter, nothing in this subsection requires the removal of existing pay phones.

(Ord. 1099, passed 4-19-04)

(A) Prohibited locations. Except for existing pay phones, no pay phone may be installed, located, or maintained on unimproved or abandoned property. For existing pay phones, the service provider must provide proof of a valid contract currently in effect with the property owner, or the phone is subject to removal. Once such pay phones are removed, the prohibition in this section applies and no permits or other approvals can be issued by the city.

(B) Public nuisance. Any pay phone used as an instrumentality for or contributes substantially by its presence to any of the following conditions, is declared to be a public nuisance:

(1) The selling or giving away of controlled substances;

(2) The soliciting, agreeing to engage in, or engaging in any act of prostitution;

(3) The conduct of any other criminal activity;

(4) The consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to the Department of Alcoholic Beverages Control or by law;

(5) Disturbing the peace;

(6) Any acts which threaten the public health and safety including, without limitation, public urination.

(Ord. 1099, passed 4-19-04)

(A) A use agreement is required for all pay phones, existing and new, installed on:

(1) Public property;

(2) Private property where the pay phone overhangs public property or requires a person to stand in that public property to use the phone;

(3) Pay phones located such that a minimum distance from the pay phone to the public property is less than that required for property owner's, property tenant's or pay phone service provider's compliance with the Americans With Disabilities Act or the California Building Code, as adopted by this code.

(B) It is unlawful to install a pay phone on the public property unless the installation is made pursuant to a use agreement entered into under this chapter. Any pay phone installed or maintained in violation of this section may be immediately removed by the city at the owner's or service provider's expense.

(C) The City Manager has authority to enter into use agreements with pay phone service providers that grant the privilege of installing and maintaining pay phones in the public right-of-way.

(D) The City Manager or designee may deny any application for a use agreement without the right of appeal.

(E) Use agreements in existence before the effective date of this chapter will continue to be in effect until the expiration date noted in the agreement. New use agreements are required after the expiration of any existing agreements.

(Ord. 1099, passed 4-19-04)

A pay phone permit and use agreement may be authorized by the administrator only upon making the following findings:

(A) That the physical site, building conditions, and established uses on the property on which the phone is to be located, comply with this code and any other applicable local, state or federal laws or regulations;

(B) That the applicant has provided assurance that the proposed phone will be maintained at all times in compliance with all usage control measures required by this chapter or included in the conditions of approval of the pay phone permit or use agreement;

(C) That the granting of the pay phone permit or use agreement will not adversely affect the established or planned character and land uses of the surrounding area nor be injurious to the property or improvements in such vicinity and zone in which the property is located;

(D) That the design, location, establishment, maintenance, or operation of the use for which the pay phone permit or use agreement is sought will not, under the particular case, be detrimental to the public interest, health, safety, morals, comfort, convenience, or welfare of persons or other permitted uses operating nearby;

(E) That the phone is and will be maintained in accordance with this chapter.

(Ord. 1099, passed 4-19-04)

(A) The city is not liable for any injury or damage occurring to any person or property from any cause whatsoever arising from the use, operation, or condition of a pay phone.

(B) As a condition of issuing a pay phone permit, the permittee must enter into an indemnification agreement with the city in a form approved by the City Attorney.

(Ord. 1099, passed 4-19-04)

The property owner and the pay phone service provider are jointly and severally liable for violations of this chapter.

(Ord. 1099, passed 4-19-04)

(A) Insurance requirements. Unless otherwise provided, no pay phone permit can be issued unless and until an applicant obtains comprehensive general liability insurance policy from an insurance company licensed to do business in the State of California and having an A.M. Best rating of at least "B," which provides insurance coverage for all liabilities out of or in any way related to the proposed pay phone.

(B) Amount of insurance. The insurance contemplated by this chapter will be in an amount of at least $250,000, combined single limit.

(C) Form of insurance. The insurance obtained pursuant to this chapter will include an endorsement naming the city, the city's officers, employees and volunteers as additional insureds under the coverage afforded, will be primary with respect to any other insurance available to the city, will include a severability of interest (cross-liability) clause, will require the insurer to provide city at least 30 days prior notice of cancellation, and will otherwise be in a form approved by the city's risk manager.

(D) Proof of insurance. An applicant must provide proof of insurance in a form approved by the City Attorney at the time a permit is issued and will be filed with the administrator before a permit is issued.

(Ord. 1099, passed 4-19-04)

(A) Security requirements. Except as provided by this chapter, a pay phone permit cannot be issued and a use agreement cannot be executed for pay phones installed on public property unless and until the permittee obtains and provides the city a surety bond or other security guaranteeing permittee's performance of all duties and obligations under such permit including, in particular, the duty and obligation to remove the pay phone in the event a permit is revoked or as otherwise required.

(B) Amount of security. The surety bond or other security obtained and provided by a permittee will be in the amount of at least $500 except when the administrator.

(C) Form of security. The permittee's surety bond must be in a form approved by the City Attorney and be conditioned upon the duties and obligations contained in the permit and set forth in this chapter. In lieu of a surety bond, a permittee may obtain and provide to the city a cash deposit, certificate of deposit naming the city as the payee thereof or such other kind of security acceptable to the City Attorney.

(Ord. 1099, passed 4-19-04)

(A) Pay phone permit and use agreements issued pursuant to this chapter will contain such conditions as are deemed necessary by the administrator to implement the provisions of this chapter.

(B) No pay phone permit or space use agreement can be issued unless the following minimum standards for the installation, operation, and maintenance of outdoor pay phones are met:

(1) The applicant must maintain a valid city business license tax certificate at all times;

(2) The phone must be capable of dialing emergency, phone repair, and information numbers such as "911," "211," "411," at all times;

(3) The phone must be maintained in a clean, neat, damage-free, graffiti-free, and operable manner at all times;

(4) Encroachment permits as required by this code are not required for pay phones. However, the phone must comply with any and all required conditions from the city's encroachment permit procedures and be maintained such that it does not interfere with any operations of any established use of the property such as emergency fire exits and parking;

(5) The phone must be installed and maintained in accordance with all requirements of the California Public Utilities Commission and the Federal Communications Commission, and comply with all state and federal rules including Americans With Disabilities Act and California Building Code, Title 24 requirements, as adopted by this code;

(6) Light must be provided to the phone location and immediate vicinity to assist in safe and easy use. Such lighting must be permanently maintained to ensure that any user of the phone is clearly visible to nearby traffic, pedestrians, or public areas and to allow easy readability of telephone numbers or signage during all evening hours. Such lighting must be directed away from any adjacent residential uses;

(7) Other operating restrictions or modifications to the above may be required as necessary to address regulatory or technological changes or other public nuisance issues that may develop;

(8) The property must be returned to its original condition if the pay phone is removed.

(9) Prices for use of the pay phone must be clearly posted in accordance with applicable law.

(Ord. 1099, passed 4-19-04)

When acting on a permit required by this chapter, the administrator may condition the issuance of a permit on compliance with any special requirements which the administrator determines are necessary to ensure that the proposed pay phone installation, maintenance, or operation is accomplished in a manner that protects the safety of persons or property and does not unreasonably interfere with the use by the city or general public of any public or private property.

(Ord. 1099, passed 4-19-04)

(A) Grounds for denial. The administrator must deny an application for a permit required by this chapter if the administrator determines that:

(1) The pay phone, if installed in the proposed manner, would unreasonably interfere with use of public or private property;

(2) The pay phone, if installed in the proposed manner, would threaten the safety of life or property; or

(3) The pay phone, if installed, would violate any provision of this chapter.

(B) Notice of denial. When the administrator denies an application, the administrator must promptly serve notice on the applicant. That notice will state the reasons for denial and set forth the applicant's right to apply for administrative review and appeal in the manner provided by this chapter.

(Ord. 1099, passed 4-19-04)

(A) Determination by the administrator to revoke a permit. Whenever the administrator determines that a permittee violated the terms and conditions of the permit or that the permit was issued based on an application that contained a material misrepresentation of fact, the administrator, may, by service of the notice required by this section, revoke the permit.

(B) Service of notice of order revoking a permit. Upon revoking a permit, the administrator will cause written notice of such order to be served on the permittee. In addition to notice regarding the revocation, the notice will contain a brief description of the reasons why the permit is being revoked and contain a statement that the permittee has the right to apply for administrative review of the order and to appeal the order as provided by this chapter.

(C) Effect of order revoking a permit. A permittee served with a notice of revocation must promptly remove the pay phone subject to the permit and restore the public or private property to the same condition as before the pay phone was installed.

(Ord. 1099, passed 4-19-04)

(A) Administrator's decision to remove and restore. Where the administrator determines that a pay phone was installed on public or private property without a permit, in violation or contrary to the terms and conditions of a permit or order issued pursuant to this chapter, or in any manner that endangers the safety of persons or property, the administrator may remove such pay phone. If such removal occurred on public property, the administrator may restore the public property to the same or substantially the same condition as it was before the pay phone was installed, all at the permittee's or responsible person's cost, after serving any notice required by this chapter.

(B) Notice of removal and/or restoration. Upon determining to restore public property, the administrator will cause written notice of such determination to be served on the permittee or other responsible person. In addition to setting forth the administrator's decision to perform such work, the notice will include the reasons for restoration and state that the work will be performed at permittee's cost. Unless the work is needed to protect public health, safety, or property, the notice will also allow the permittee to immediately undertake restoration work at the permittee's sole cost and expense, provided the work is completed by the permittee within a reasonable time as determined by the administrator and set forth in the notice.

(C) Liability for cost of restoration. Unless the permittee or other responsible person accomplishes the restoration work themselves, any permittee or other responsible person who caused the condition that requires restoration work will, upon the restoration work being complete, be liable to the city for the full cost thereof. In addition, where a surety bond or other security was provided to the city as a condition of a permit authorizing pay phone installation on public property, such surety or other security will be liable to the city for the cost of such work to the full amount of the surety bond or other security.

(Ord. 1099, passed 4-19-04)

Except as otherwise provided, an applicant or permittee may request administrative review of the administrator's decision pursuant to this chapter.

(Ord. 1099, passed 4-19-04)

(A) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the administrator's decision is served on the applicant/permittee.

(B) If a request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown.

(Ord. 1099, passed 4-19-04)

A request for administrative review will be on a form provided by the administrator, be accompanied by an administrative fee, and contain the following information:

(A) The name, address and telephone number of the person making the request;

(B) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued;

(C) A brief description of all grounds for making the request; and

(D) Such other information as may be required by the administrator.

(Ord. 1099, passed 4-19-04)

(A) Upon request for administrative review being filed, the administrator will promptly provide a copy of the notice to the hearing officer.

(B) Upon receiving a request for review from the administrator, the hearing officer will review the request and, within ten days of receiving the request notice, provide the appellant with a written notification that:

(1) The administrator's decision is affirmed;

(2) The administrator's decision is modified;

(3) The administrator's decision is reversed and a permit is issued or issued without special conditions.

(C) The hearing officer may, but is not required to, conduct a hearing at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day at 4:00 p.m. at the hearing officer's office.

(D) In addition to other provisions of this chapter, any notification to the requestor must set forth any modifications of the administrator's decision.

(Ord. 1099, passed 4-19-04)

The hearing officer's decision is final. An applicant does not have any right to appeal that decision to the City Council.

(Ord. 1099, passed 4-19-04)

No pay phone may be installed on any parcel, or any abutting parcel owned by the same property owner, for a period of two years after the date of removal of any pay phone determined to be a public nuisance.

(Ord. 1099, passed 4-19-04)

(A) The city may enter any property on which an outdoor pay phone is located for the purposes of inspecting pay phones, removing pay phones and otherwise enforcing the provisions of this chapter.

(B) The city may remove any illegally installed pay phone upon 24 hours notice to the owner or service provider of the pay phone.

(C) Where a permit is revoked upon the final decision by a hearing officer, the city may remove that pay phone.

(D) The city may pursue all legal remedies, including the right to lien property and to recoup its costs of removing the pay phone. In addition, all removed pay phones not claimed after 30 days are deemed abandoned and the city may dispose of such pay phones in the manner set forth in this code for surplus property.

(E) Monies found in abandoned pay phones may be escheated to the city in accordance with applicable law.

(F) The applicant may only reclaim a removed pay phone upon payment of the actual removal costs incurred by the city, storage charges, and any outstanding fees associated with the pay phone.

(Ord. 1099, passed 4-19-04)