§ 17.44.205  TELEPHONES, PUBLICLY ACCESSIBLE, OUTSIDE INSTALLATION ONLY.
   (A)   Purpose.  The intent and purpose of this section is to ensure quality publicly accessible telephone service while establishing standards for their installation and operation which minimizes potential public nuisances such as loitering, solicitation and other criminal activity. This section does not apply to public telephones located in an enclosed building.
   (B)   Review and approval.  The Development Review Committee shall review all requests for publicly accessible telephones to be placed outside an enclosed place of business.
   (C)   Criteria for approval.  The Development Review Committee shall approve installation of publicly accessible telephones subject to the following criteria:
      (1)   Such telephones may not be placed in the HCD Zone.
      (2)   Such telephones may not be placed on properties which are located within a residential zone or a planned development zone designated for residential development. Such telephones shall be placed no closer than 100 feet from a residential zone.
      (3)   Placement of outdoor telephones shall be such that they do not create a safety hazard; are not disruptive to the business operation and/or surrounding uses; and provide attractive improvements that do not detract from its surroundings.
   (D)   Submittal requirements.  The following information shall be provided by the applicant.
      (1)   A site plan showing the location of the proposed publicly accessible telephones.
      (2)   An elevation of the proposed telephone design, including lighting, colors and signs.
      (3)   The name of the business owner and the name, address and contacts for the proposed telephone vending company responsible for billing, maintenance and installation of such telephone(s).
   (E)   Development standards.  The installation and maintenance of outdoor telephones shall be subject to the following standards.
      (1)   Maximum number of such telephones at any one location shall not exceed two.
      (2)   All such telephones shall be maintained in a clean, neat, and damage-free operable condition at all times.
      (3)   All such telephones shall be installed and operated in accordance with applicable state and federal law.
      (4)   All such telephones made incapable of receiving incoming calls shall be posted as such.
      (5)   Telephones shall be placed in close proximity to the place of business.
      (6)   The phone area and any immediate area providing access to the telephone shall be well lighted, but not so that it creates a nuisance to surrounding properties, business, or traffic.
      (7)   Such telephones style/mounting shall be approved by the Development Review Committee.
      (8)   Any other measures as may be required by the Development Review Committee to maintain public health, safety and welfare (i.e. lighting, signs).
   (F)   Incoming call blocking.  If the operation of any such telephone constitutes a nuisance to the public by way of allowing incoming calls as determined by the Development Review Committee based on police reports, service calls and general complaints, incoming calls shall be ordered blocked. Such order shall be sent to the owner or operator and compliance shall be within ten days. The owner or operator of such telephone shall be notified of the Development Review Committee hearing at least ten days prior to the date of the meeting.
   (G)   Exemption.  Telephones installed by a public agency as a public convenience are exempt from the provisions of this section.
   (H)   Nonconforming telephones.
      (1)   All publicly accessible telephones which do not meet the requirements of this chapter are hereby deemed nonconforming.
      (2)   All nonconforming publicly accessible telephones shall be removed or modified to conform to this section within six months, beginning on the effective date of this section.
   (I)   Revocation.  Failure to comply with any provisions of this section shall be grounds for removal of the outside telephone(s). The owner of the business shall be notified in writing of the failure to comply.
(`83 Code, § 17.44.205)  (Ord. 96-03 § 1, 1996)