Chapter 5.34
PAY PHONES IN THE PUBLIC RIGHT-OF-WAY
Sections:
5.34.020 Unlawful maintenance of pay phones in the public right-of-way—Misdemeanor—Permit required.
5.34.030 Permit application content.
5.34.050 Notice of hearing on application.
5.34.060 Denial of permit application.
5.34.070 Conditions of approval.
5.34.100 Grounds for revocation or nonrenewal of permit.
5.34.110 Blocking incoming calls.
5.34.130 Notice of intent to removal.
5.34.140 Posting of notice on property and on the pay phone.
5.34.150 Failure to receive notice.
5.34.160 Effect of failure to remove pay phone.
5.34.170 Request for hearing prior to removal.
5.34.200 Cost of removal—City’s right to dispose of phones.
5.34.010 Purpose.
The intent and purpose of this chapter is to establish a permit procedure for obtaining advance permission from the city prior to the placement of any pay phone or similar device (all of which are for ease of reference referred to as "pay phones" in this chapter) in the public right-of-way, to declare any pay phone installed in the public right-of-way without prior city approval to be a public nuisance as defined by Sections 3479 and 3480 of the California Civil Code; and to set forth a method for the removal of any nonpermitted pay phones that have been or may be placed on the public right-of-way. The procedure set forth in this chapter for removal applies to any pay phone placed in the public right-of-way that the city council declares to be a public nuisance either by the provision of this chapter or any other ordinance that the city may thereafter adopt. The procedure set forth in this chapter is not intended to be exclusive and is in addition to the procedure for public nuisance abatement that is conferred upon the city by Section 3494 of the California Civil Code, Section 731 of the California Code of Civil Procedure, Section 38773 of the California Government Code, or any other lawful authority conferred to the city by state statutes or this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.020 Unlawful maintenance of pay phones in the public right-of-way—Misdemeanor—Permit required.
It shall be unlawful and a misdemeanor for any person owning, leasing, occupying, or exercising control over any property adjoining any portion of the public right-of-way to permit, lease, authorize, install, locate, maintain or operate any pay phone on a public right-of-way without having first obtained a permit in writing to do so from the public works director or his designee.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.030 Permit application content.
In order to obtain a pay phone permit, the applicant must first submit a written application to the public works director or his designee. The application shall include the following information:
A. A site plan showing the location of the proposed pay phone(s);
B. An elevation of the proposed pay phone design, including lighting, colors, and design;
C. The name, address, and telephone number of the pay phone’s owner and the name, address, and telephone number of the proposed vending company responsible for installation, maintenance, and billing of the proposed pay phone(s);
D. A written statement whereby the applicant agrees to indemnify, protect, defend, and hold harmless the city of South Gate, its officers, officials, employees, and agents, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person, as a result of the installation, use, or maintenance of the proposed pay phones;
E. An application fee equal to the first year’s annual fee for the permit as established by Section 5.34.040 of this chapter, some or all of which may be refunded to the applicant upon the denial of the permit; and
F. Such other information as required by the public works director or his designee.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.040 Annual fee.
Issuance and renewal of any permit for the operation of a pay phone under this chapter shall be subject to and conditioned upon payment by the permittee of an annual fee. The amount of that fee will be established by resolution, and may be increased or decreased from time to time by resolution, pursuant to the provisions of California Government Code Sections 65909.5, 66014 and 66016 (and pursuant to any subsequent amendments or replacements thereto). The permit application fee shall be applied to the first annual fee in connection with the issuance of any pay phone permit under this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.050 Notice of hearing on application.
At the discretion of the public works director, the public works director may require that a hearing be held prior to the issuance of the permit. In that case, the public works director or his designee shall notify the applicant and nearby affected residents or businesses of the time and place of a hearing before the public works director, by giving such notice at least fourteen days prior to the scheduled hearing date, by mailing a letter notice, first class mail, to the applicant, and to the owners of the property within a three hundred foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such property owners as shown upon the assessment roll of Los Angeles County. The public works director or his designee may give such further notice to the persons affected as deemed necessary to ensure a fair hearing.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.060 Denial of permit application.
The public works director or his designee shall deny the application for a pay phone permit at a particular location for any of the following reasons:
A. The application submitted is incomplete or otherwise fails to comply with the requirements of Section 5.34.040 of this chapter.
B. There are already sufficient pay phones at or near the proposed location to meet the needs of the community.
C. The proposed pay phone does not provide sufficient clear space for the safe passage of pedestrians or vehicles.
D. The width of the sidewalk or other public right-of-way is not adequate for the installation and/or use of pay phones.
E. The sidewalk or other ground support will not adequately support the installation of pay phones at the proposed location.
F. The density of the pedestrian or vehicle traffic at the proposed location might reasonably create an unsafe condition for others.
G. The proposed pay phone might reasonably create a visual blight at the proposed location.
H. There is a reasonable likelihood that the proposed location of the pay phone could create a substantial risk of encouraging loitering, solicitation, or criminal transactions such as drug sales, or otherwise could interfere with the safe and peaceful enjoyment of the public right-of-way by city residents, visitors, and businesses.
9. The applicant has not paid the required annual permit fee.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.070 Conditions of approval.
The following conditions shall be placed on the approval of any pay phone permit:
A. All pay phones shall be maintained in a clean, neat, and damage-free operable condition at all times;
B. All pay phones shall be installed in compliance with applicable state and federal law, including but not limited to the requirements of the federal Americans with Disabilities Act;
C. All pay phones made incapable of receiving incoming calls shall be posted as such;
D. The phone area and any immediate area providing access to the telephone shall be well lit, but not so that it creates a nuisance to surrounding properties, business, or traffic;
E. The telephone style/mounting shall be approved by the public works director or his designee;
F. Applicant must obtain a business license from the city before the approval of the permit; and
G. The public works director or his designee may impose any other conditions as may be reasonably required to maintain the public health, safety, and welfare of the community.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.080 Appeals.
The applicant or any person dissatisfied with the determination of the public works director (or his designee) relative to the application for a pay phone permit, the revocation of a previously issued pay phone permit, or the determination to remove a pay phone as a public nuisance, may appeal to the city council from said determination, provided a written notice of appeal is filed not later than fifteen days from the date of that determination. A fee in an amount to be established by resolution, to cover the city’s administrative cost of the hearing, shall be paid at the time of filing an appeal. A notice of the date, time, and location of the scheduled appeal shall be sent at least fourteen days prior to the scheduled hearing date to the appealing party, and nearby residents or businesses by mailing a letter notice, first class mail to the appealing party, the original applicant, and to the owners of the property within a three hundred foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such owners as shown upon the assessment roll of Los Angeles County. The city council’s determination following a hearing shall be final and conclusive in the matter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.090 Posting of permit.
In the event a pay phone permit is issued, it shall be in written form, and when received by the applicant a copy of the permit must be posted in a conspicuous place on or immediately adjacent to the pay phone for which such permit was issued and shall remain so posted during the entire period that the permit shall be in force.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.100 Grounds for revocation or nonrenewal of permit.
Any pay phone permit issued pursuant to this chapter may be revoked or not renewed by the public works director or his designee on the basis of any of the following:
A. The placement of a pay phone at the location has encouraged loitering, solicitation, or criminal transactions such as drug sales, or otherwise has interfered with the safe and peaceful enjoyment of the public right-of-way by city residents, visitors, and businesses.
B. The permittee has not paid the required annual permit fee.
C. The permittee has failed to comply with any of the conditions of approval set forth in Section 5.34.070 of this chapter.
D. The permittee has failed to block incoming phone calls after notice was given pursuant to Section 5.34.110 of this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.110 Blocking incoming calls.
The public works director or his designee may declare incoming phone calls at a particular public right-of-way location to be a public nuisance and order the incoming calls to be blocked if police reports, service calls, and/or general complaints demonstrate that such incoming calls have encouraged loitering, solicitation, or criminal transactions such as drug sales, or otherwise has interfered with the safe and peaceful enjoyment of the public right-of-way by city residents, visitors, and businesses. Such order shall be mailed by certified mail, return receipt requested, to the owner or operator at the address listed in the permit on file with the city and shall specify that compliance shall be within fourteen days or the permit will be subject to revocation and removal as provided in this chapter. Such notice and order shall also inform the owner/operator of the right to appeal as provided in this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.120 Phones installed without permit—Declaration of nuisance—Fines—Removal—Application for permit.
A. Any pay phone which is installed, located, or maintained in a fixed location on any public right-of-way, without a currently valid pay phone permit, either on the effective date of the ordinance codified in this chapter or at any later date, is hereby declared to be a public nuisance.
B. The city may assess a fine (in an amount to be determined from time to time by the city) against the owner or operator of any pay phone which is declared to be a public nuisance pursuant to the provisions of the preceding subsection or any other provision of this chapter.
C. In addition, the city shall have the right to remove any such pay phone pursuant to the provisions of Sections 5.34.130 through 5.34.200 of this chapter.
D. Prior to the city’s issuance of any notice of removal pursuant to Section 5.34.130 of this chapter, the owner or operator of any pay phone which has been declared to be a public nuisance by virtue of the lack of a permit validly issued under this chapter may apply for a permit by submitting a permit application pursuant to Section 5.34.030 of this chapter. If the city grants that permit application and issues the permit, then the pay phone shall no longer be deemed to be a public nuisance, as long as the permit is in effect.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.130 Notice of intent to removal.
With respect to any pay phone that is declared to be a public nuisance under this chapter, the public works director may cause a notice to be mailed to the owner of the adjoining property, and to the person responsible for the maintenance, occupation and existence of said pay phone, if known or reasonably obtainable. The notice shall state the location of the pay phone and the basis for finding it to be a public nuisance, and that the pay phone may be removed and stored not less than fourteen days after the date of the notice unless a hearing is requested pursuant to Section 5.34.170 of this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.140 Posting of notice on property and on the pay phone.
In addition to the mailed notice under Section 5.34.130 of this chapter, the city shall post conspicuously at least one copy of the notice upon the adjoining real property and any other property within three hundred feet of the subject pay phone or pay phones where potential users or affected residents may congregate, and at least one upon or immediately adjacent to the pay phone itself in a conspicuous location. Said notice shall invite public comment in writing to be submitted regarding the proposed removal of said pay phone or pay phones.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.150 Failure to receive notice.
The fact that the owner of the underlying fee to the adjoining real property upon which the pay phone is located, or the person responsible for the maintenance, occupation, existence or operation of the pay phone to whom the notice is given of the intent to remove a pay phone(s), does not receive any notice delivered pursuant to this chapter does not affect the validity of any proceeding conducted pursuant to this chapter.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.160 Effect of failure to remove pay phone.
If the affected party(ies) responsible for the removal of the pay phone fails to remove the pay phone within the fourteen-day period given in the notice, the public works director or his designee may proceed with removal.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.170 Request for hearing prior to removal.
A. Any party affected by the potential removal of a particular pay phone may request a hearing before the public works director or his designee. Said request must be in writing, and submitted to the public works director or his designee not later than fourteen days after the city’s delivery of notice of the required removal.
B. If the owner of the pay phone requests a hearing as provided in subsection A of this section, said hearing shall be scheduled within forty-five days of the request and shall be administered by the city council, and to the owners of the property within a three-hundred-foot radius of the pay phone that is the subject of the hearing, using for this purpose the last known name and address of such owners as shown upon the assessment roll of Los Angeles County. The owner of the pay phone shall have seven days from the date of any adverse ruling which may result from the hearing to comply with the provision(s) specified in the ruling. If after seven days from the date of decision the owner has failed to comply with the provision(s) of this chapter cited in the decision or has otherwise failed to comply with the ruling, the subject pay phone(s) shall be removed and stored by the public works director or his designee.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.180 Hearing.
At the time fixed in the notice, the city council shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its removal and any other matter that may be pertinent. At the conclusion of the hearing, the city council shall declare its findings. If the city council so concludes, it may declare the obstruction or encroachment by the pay phone to be a public nuisance and direct the person owning the property adjacent to the public property upon which the nuisance exists and/or the person responsible for the maintenance, existence and operation of the nuisance to remove it within seven days.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.190 Extensions.
The public works director or his designee may grant an extension of time to abate the nuisance if, in his opinion, good cause for an extension exists.
(Ord. 2214 § 2 (part), 7-25-06)
5.34.200 Cost of removal—City’s right to dispose of phones.
The cost of removal and/or storage by the public works director or his designee of any pay phone subject to this chapter shall be chargeable as a civil debt to the owner of the pay phone and may be collected by the city in the same manner as it collects any other civil debt or obligation. In addition, the pay phones in question shall be deemed unclaimed property and may be disposed of pursuant to the relevant provisions of the South Gate Municipal Code.
(Ord. 2214 § 2 (part), 7-25-06)