HomeMy WebLinkAboutCC ORD 1994-2084 Adds Ch. 10.22, public pay telephone regulations (10.25)ORDINANCE NO. 94-2084
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.22 TO THE
NATIONAL CITY MUNICIPAL CODE PERTAINING
TO PUBLIC PAY TELEPHONE REGULATIONS
BE IT ORDAINED by the City Council of the City of National City that
Chapter 10.22 is hereby added to the National City Municipal Code, to read as follows:
Chapter 10.22
PUBLIC PAY TELEPHONE REGULATIONS
Sections:
10.22.010 Public Pay Telephones as Public Nuisances
10.22.020 Abatement Generally
10.22.030 Replacement Prohibited
10.22.040 Exemption
10.22.050 List of Abated Locations
10.22.010 Public Pay Telephones as Public Nuisances.
Any public pay telephone which is used as an instrumentality for, or
contributes substantially by its presence to, any of the following activities is hereby
declared to be a public nuisance:
1. Selling or giving away controlled substances, as defined
in Division 10 of the California Health and Safety Code; or
2. Consuming alcoholic beverages on 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; or
property; or
3. Prostitution; or
4. Loitering for a criminal purpose on public or private
5. Making excessive noise.
Ordinance No. 94-2084
Page 2 of 3
10.22.020 Abatement Generally.
A. Whenever the Chief of Police determines that any public pay
telephone constitutes a public nuisance within the meaning of Section 10.22.010, the
Chief of Police may commence proceedings to abate the nuisance. The abatement
proceedings shall be governed by the procedures set forth in Chapter 1.36 of this Code.
B. The City shall not commence any proceedings to abate a public pay
telephone constituting a public nuisance unless the Chief of Police first has notified the
public pay telephone owner and the local public pay telephone trade associations, such
as the San Diego Payphone Owners Association, and has made a reasonable effort to
work with the property owner upon whose property the public pay telephone is located
or the public pay telephone owner, or both, to eliminate the activities constituting a public
nuisance by voluntary measures, such as:
phone;
1. blocking incoming calls;
2. removing the telephone number and ringer on the pay
3. shutting off the key pad after the initial number is
dialed to eliminate "beeper" use;
periods;
4. making the telephone inoperative for designated time
5. removing hand sets;
6. adding lighting;
7. changing the type of enclosure of the telephone; or
8. removing any or all of the telephones.
10.22.030 Replacement Prohibited.
A. If any public pay telephone constitutes a public nuisance because it
is used for one or more of the activities set forth in Section 10.22.010, the nuisance
abatement proceedings provided for in Chapter 1.36 of this Code shall be followed.
Ordinance No. 94-2084
Page 3 of 3
B. The abatement notice issued pursuant to the nuisance abatement
proceedings shall specify that abatement will require removal of the public pay telephone,
and shall specify that it is unlawful for any public pay telephone owner to install a
replacement public pay telephone on the same parcel or on any contiguous parcel owned
by the same property owner for a period of up to one year from the date of removal.
10.22.040 Exemptions. Public pay telephones located inside any building
open to the public are exempt from the regulations of this division.
10.22.050 List of Abated Locations. The Chief of Police shall maintain,
and make available upon request, a list of locations where installation of public pay
telephones is prohibited.
PASSED and ADOPTED this 4th day of October
ATTEST:
Lo ' Anne Peoples, CitClerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
, 1994.
George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California,
on October 4, 1994 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Morrison, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
City (clerk of the City of National Ciiy, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on September 20, 1994
and on
October 4, 1994
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that th4al�gv ,and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. LU 4of the City of National City, passed
and adopted by the Council of said City on October 4, 1994
(Seal)
City Clerk of the City of National City, California
By:
Deputy