(a) Upon request in writing by the member of Council in whose ward an outdoor pay telephone is located in the right-of-way or on private property, or upon receipt of verbal or written citizen complaints concerning such an outdoor pay telephone, the Director of Public Safety shall conduct an investigation into whether the installation and maintenance of the outdoor pay telephone constitutes a public nuisance. Upon determination by the Director of Public Safety that a particular outdoor pay telephone constitutes a public nuisance, the Director shall order that special telephone service features as are acceptable to the Director shall be provided by the outdoor pay telephone or, if the Director determines it is necessary, that the telephone be removed. Nothing in this section shall preclude the Director from ordering the removal of a telephone without first requiring the implementation of special features. A particular outdoor pay telephone shall constitute a public nuisance when the Director of Public Safety determines that one (1) or more of the following conditions exist:
(1) The outdoor pay telephone has been used in the commission of illegal drug transactions or other criminal activity, or substantially contributes by its presence to the commission of illegal drug transactions or other criminal activity as evidenced by significant numbers of such crimes occurring in the vicinity of the telephone;
(2) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have made loud noises and other disturbances that have disrupted persons residing near the telephone or disrupted business enterprises located near the telephone;
(3) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons consuming alcoholic beverages, except where such consumption is expressly authorized by state license, or consuming illegal or controlled substances;
(4) The existence of the outdoor pay telephone has substantially contributed by its presence to the congregation of persons who have interfered with pedestrian or vehicular traffic in the public right-of- way near the telephone;
(5) Usage of the outdoor pay telephone between the hours of 1:00 a.m. and 5:00 a.m. is significantly and repeatedly above normal usage for similarly situated outdoor pay telephones during the same hours so as to indicate that the telephone is being used in the commission of illegal drug activity or other criminal activity;
(6) The pay telephone has been used to abuse the 911 system.
(b) The special features shall be instituted, or the owner shall remove the telephone, and restore the right- of-way to its original condition, if applicable, within five (5) business days of an order to institute special features or remove the telephone. Removal of a nuisance pay telephone shall be governed by the provisions of Section 670B.06.
(c) If the Director determines that the nuisance may be abated by the reduction in the total number of pay telephones in an area, the removal of pay telephones shall be ordered based upon the total period of time that a telephone has been permitted by the City, with the telephones permitted for the least amount of time being ordered removed first.
(d) The Director of Public Safety will inform in writing the member of Council who made the complaint regarding the pay telephone the result of such investigation and the Director shall notify the member in writing of any order issued by the Director.
(e) If an outdoor pay telephone has been removed from a location because it is a nuisance, no other pay telephone may be installed at the same location or within five hundred (500) feet of that location for a minimum of one (1) year.
(f) The owner of an outdoor pay telephone may appeal from the determination of a nuisance and the order of special features or removal as set forth in Section 670B.06.
(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)