(A) A use agreement is required for all pay phones, existing and new, installed on:
(1) Public property;
(2) Private property where the pay phone overhangs public property or requires a person to stand in that public property to use the phone;
(3) Pay phones located such that a minimum distance from the pay phone to the public property is less than that required for property owner's, property tenant's or pay phone service provider's compliance with the Americans With Disabilities Act or the California Building Code, as adopted by this code.
(B) It is unlawful to install a pay phone on the public property unless the installation is made pursuant to a use agreement entered into under this chapter. Any pay phone installed or maintained in violation of this section may be immediately removed by the city at the owner's or service provider's expense.
(C) The City Manager has authority to enter into use agreements with pay phone service providers that grant the privilege of installing and maintaining pay phones in the public right-of-way.
(D) The City Manager or designee may deny any application for a use agreement without the right of appeal.
(E) Use agreements in existence before the effective date of this chapter will continue to be in effect until the expiration date noted in the agreement. New use agreements are required after the expiration of any existing agreements.
(Ord. 1099, passed 4-19-04)