Chapter 5.122
OUTDOOR PAY TELEPHONES
Sections:
5.122.020 Public outdoor pay telephones prohibited.
5.122.030 License required for private outdoor pay telephones – Declaration of public nuisance.
5.122.040 Prohibited locations.
5.122.050 Determination of nuisance.
5.122.060 Notice and hearing on nuisance determination.
5.122.070 Nuisance abatement procedure.
5.122.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Outdoor pay telephone” means any publicly accessible self-service, coin- or credit-card-operated telephone.
“Private outdoor pay telephone” means any outdoor pay telephone located outside of a building which is not a public outdoor pay telephone, excluding telephones allowed by governmental units or railroads on their property.
“Public outdoor pay telephone” means any outdoor pay telephone any portion of which or its enclosure is on, projects over or hangs over a portion of the public right-of-way or is situated such that it can be used by a person standing on the public right-of-way, including the parkway and public sidewalk. (Ord. 2005-08 § 2, 2005)
5.122.020 Public outdoor pay telephones prohibited.
It shall be unlawful for any person to install, construct, maintain or allow on that person’s property a public outdoor pay telephone. (Ord. 2005-08 § 1, 2005)
5.122.030 License required for private outdoor pay telephones – Declaration of public nuisance.
A. It shall be unlawful for any person to own or maintain a private outdoor pay telephone without having obtained a license issued for that specific location. A license application shall list all locations by street address, the telephone number and the service provider. No private outdoor pay telephone shall be located on any property without the permission of the property owner. The address listed on the application shall be used by the village for sending any required notices. Private outdoor pay telephones allowed by governmental units or railroads on their property shall not be required to obtain a license.
B. Any private outdoor pay telephone which is installed, located, maintained or operated in violation of this chapter is hereby declared to be a public nuisance.
C. The annual fee for this license shall be one hundred dollars for each private outdoor pay telephone. Only one private outdoor pay telephone shall be permitted at any location. (Ord. 2005-08 § 2, 2005)
5.122.040 Prohibited locations.
It shall be unlawful for any person to install, own, maintain or allow on that person’s property a private outdoor pay telephone under any of the following conditions:
A. On any property that does not have a valid village business license.
B. On any vacant property.
C. On any property where there is an abandoned building.
D. On any property or at any location which has been determined pursuant to RMC 5.122.050 to create a nuisance. (Ord. 2005-08 § 2, 2005)
5.122.050 Determination of nuisance.
A. The chief of police or his or her designee is hereby authorized to make the determination that the maintenance and operation of a private outdoor pay telephone at a specific location constitutes a nuisance such that it has a deleterious impact upon the surrounding neighborhood or upon the public health, safety and welfare.
B. Any private outdoor pay telephone is a nuisance if it is used as an instrumentality for or contributes substantially by its presence to any of the following conditions:
1. The conducting of any criminal activity;
2. The consumption of alcoholic beverages on nearby outdoor public or private property;
3. Loitering on nearby public or private property such that under the circumstances 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 bona fide intent to exercise a constitutional right and is causing a public inconvenience or annoyance;
4. Any acts which threaten the public health and safety.
C. Prior to the determination that a private outdoor pay telephone is a nuisance, the chief of police shall notify the taxpayer of record or business licensee of restrictions on service to that telephone to eliminate the conditions that have created the nuisance, or include such conditions as part of the license, which may include, but are not limited to, the following:
1. Providing only one-way service such that incoming calls cannot be received.
2. Prohibiting the transmittal of messages to pagers or other devices by disabling the ability to input data other than the phone number called.
3. Prohibiting the acceptance of coin-authorized calls during certain hours, during which only 911, credit card, third number, collect, repair and information calls can be placed.
4. Adding lighting near the telephone or changing the telephone’s location on the property.
5. Making the telephone temporarily inoperative, or temporarily or permanently removing the telephone. (Ord. 2005-08 § 2, 2005)
5.122.060 Notice and hearing on nuisance determination.
A. If, after notification as in RMC 5.122.050(C), the private outdoor pay telephone continues to be a nuisance, the chief of police shall send notice to the taxpayer of record and business licensee of an order to abate. The order to abate shall include the telephone’s location, a statement specifying the conditions which have been deemed a public nuisance, a statement ordering specific action to abate the condition(s) within not less than seven days and the right to appeal.
B. The notice to abate shall be served in the same manner as a notice of hearing.
C. Prior to the abatement procedure, the taxpayer of record or business licensee shall have the right to appeal the determination of nuisance in the order to abate, by filing a written request within seven days for a hearing.
D. It shall be unlawful for any property owner or business licensee to fail or neglect to comply with the order to abate or hearing decision. The property owner and business licensee shall be jointly and severally liable for violations of this chapter. (Ord. 2005-08 § 2, 2005)
5.122.070 Nuisance abatement procedure.
A. The village shall be authorized to abate the nuisance and remove the private outdoor pay telephone if the taxpayer of record or business licensee fails to:
1. Obtain a private outdoor pay telephone license.
2. Correct or comply with any condition or restriction pursuant to a license or notice from the chief of police.
3. Comply with an order to abate.
4. From an appeal, comply with the final order of the license and permit review board.
B. Any private outdoor pay telephone removed by the village may be reclaimed by the owner within thirty days after removal upon reimbursement to the village for removal and storage costs. Any private outdoor pay telephone not so reclaimed shall be disposed of as unclaimed property.
C. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the village. (Ord. 2005-08 § 2, 2005)