(A) Prohibited locations. Except for existing pay phones, no pay phone may be installed, located, or maintained on unimproved or abandoned property. For existing pay phones, the service provider must provide proof of a valid contract currently in effect with the property owner, or the phone is subject to removal. Once such pay phones are removed, the prohibition in this section applies and no permits or other approvals can be issued by the city.
(B) Public nuisance. Any pay phone used as an instrumentality for or contributes substantially by its presence to any of the following conditions, is declared to be a public nuisance:
(1) The selling or giving away of controlled substances;
(2) The soliciting, agreeing to engage in, or engaging in any act of prostitution;
(3) The conduct of any other criminal activity;
(4) The consumption of alcoholic beverages on nearby outdoor public or private property except where outdoor consumption of alcoholic beverages is specifically authorized pursuant to the Department of Alcoholic Beverages Control or by law;
(5) Disturbing the peace;
(6) Any acts which threaten the public health and safety including, without limitation, public urination.
(Ord. 1099, passed 4-19-04)