HomeMy WebLinkAboutNS-2154 - Adding Article VI to Chapter 17 of the Santa Ana Municipal Code to Regulate Pay TelephonesORDII~%NCB NO. ~S-2154
AN ORDINANCE OF THE CITY OF S~NTA ANA
ADDING ARTICLE VI TO CHAPTER 17 OF THE
S&NTAANA MUNICIPAL CODE TO REGULATE PAY
TELEPHONES
THE CITY COUNCIL OF THE CITY OF SANTA AN~ DOES ORDAIN AS
FOLLOWSz
~ That Chapter 17
Code is hereby amended by adding an
which said article reads as follows:
of the Santa Aha Municipal
article to be numbered VI,
CHAPTER 17
ARTICLE VI. PAY TELEPHONES
Sec. 17-71. Pay telephones - prohibited locations
(a) No pay telephone shall be installed, located,
or maintained on unimproved property.
(b)
Any existing pay telephone which is located or
maintained in violation of subsection (a)
shall be removed within ninety (90) days after
the effective date of this ordinance.
Notwithstanding the previous sentence, any pay
telephone which is the subject of a written
contract authorizing its installation which
was entered into prior to the enactment of
this ordinance and which contains provisions
for termination shall be removed by the first
date after enactment of this ordinance on
which permissive termination of the written
contract by either party could take effect, if
either party elected to terminate, or within
ninety (90) days after the effective date of
this ordinance, whichever occurs later.
(c)
Any pay telephone which is installed, located,
maintained, or operated in violation of this
section is hereby declared to be a public
nuisance.
Sec. 17-72. Pay telephones - public nuisance.
Any pay telephone which is used as an
instrumentality for or contributes substantially by
its presence to any of the following conditions is
hereby declared to be a public nuisance:
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Ordinance No. NS-2154
Page 2
(a)
Selling or giving away controlled substances
(as defined in Division 10 of the California
Health and Safety Code): soliciting, agreeing
to engage in, or engaging in any act of
prostitution; or other criminal activity;
(b)
Consumption of alcoholic beverages on nearby
outdoor public or private property except
where outdoor consumption of alcoholic
beverages is specifically authorized pursuant
to a license issued by the Department of
Alcoholic Beverage Control;
(c) Loitering on nearby public or private
property;
(d) Excessive noise.
As used in this section, "loitering" shall
mean standing, sitting, lying or remaining on
any property under such circumstances that 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 bonafide intent to exercise a
constitutional right, and is causing public
inconvenience or annoyance.
Beo. 17-73. Abatement generally.
(a)
Whenever the Chief of Police, or his
designate, determines that any pay telephone
constitutes a public nuisance as defined in
Sections 17-71 or 17-72, the Chief of Police,
or his designate, may commence proceedings to
abate the nuisance. The abatement proceedings
shall conform to Article II of this Chapter,
except as specified in this article.
(b)
No proceedings to abate a public nuisance as
defined in Sections 17-71 or 17-72 shall be
commenced unless the Chief of Police, or his
designate, first has made a reasonable effort
to work with the property owner where the pay
telephone is located or the pay telephone
vendor to eliminate the conditions described
Ordinance No. NS~154
Page 3
in Sections 17-71 or 17-72 by voluntary
measures, such as:
(1) blocking incoming calls;
(2) adding lighting;
(3) changing the telephone's location on the
parcel;
(4) making the telephone inoperative;
(5) temporarily removing the telephone;
(6) changing the type of enclosure of the
telephone; or
(7) removing all or one of the telephones.
Sec. 17-74. Replacement prohibited.
If the public nuisance to be abated is one defined
in Section 17-72:
(a)
the hearing notice required by Section 17-21
shall specify that abatement shall consist of
removal of the pay telephone, and that no pay
telephone shall be installed on the same
parcel, or on any contiguous parcel owned by
the same property owner, to replace the
removed telephone for a period of one year
from the date of removal; and
(b)
any decision of the hearing officer ordering
abatement shall specify that no pay telephone
shall be installed on the same parcel, or on
any contiguous parcel owned by the same
property owner, to replace the removed
telephone for a period of one year from the
date of removal.
seo. 17-75. Notice to pay telephone vendor.
Ail notices shall also be sent to any vendor of the
pay telephone, if known to the Chief of Police, or
his designate.
Sec. ~7-76. List of abated locations.
The Chief of Police, or is designate, shall
maintain, and make available upon request,
a list of locations where installation of pay
telephones is prohibited pursuant to Section 17-74.
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Ordinance No. NS- 2154
Page 4
SECTION 2~ If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3~ Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 3rd
ATTEST:
Wnice C. Guy /
Clerk of the Councik/
day of... February 1992.
~a¥or
COUNCILMEMBERS:
Young Aye
Pulido Abstained
Acosta Nav
Griset Aye
McGuigan Aye
Norton Aye
Richardson Aye
APPROVED AS TO FORM:
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159
The city Council had questions regarding the abatement
procedures for the proposed pay telephone ordinance. The following
are the procedures in Chapter 17 to be used if abatement is
necessary.
ARTICLE L GENERAL PROVL~ONS
~ 17-1. Public nui~m~.
As used in this chapter, Ihc term 'public nuisance" means any condition which is a "nuisance" and n "public nuisance" as defined
in Sections 3479 and 3480 of thc Civil Code of thc State of California or which is spe~fically declared to constitute a nuisance by any statute
of thc Slate of California or by any ordinance of thc City of Santa Ans.
As used in this chapter, 'enforcement officer" means the city manager or any officer of thc city dusignated b~ him, except that
when a public nuisance is created solely by reason of thc violation of a state statute or Municipal Code provision, the officer of the city
charged with the p~imaty responsibility for enforcement of such provision may act ~s enforcement officer without thc necessity of prior
designation by thc city manager.
Sac. 1%3. Premi~
AS used in this chaptcr, "premises" mcans any building, lot, parcel, land or portion thereof, improved or unimproved, including
adjacent streets, sidewalks, parkways, and parking areas.
Scc. 1%4. Abate.; absent.
As used in this chapter, thc terms "abate* and "abatemcnff means action lo repair, replace, remove., destroy, terminate, or
othet~sc remedy the condition or activity in question by such means and in such manner as is necessary in thc inte~csls of thc health,
safety or welfare of thc public.
S~:. 17-5. Sa~ce c~
Whcnevcr any notice, o~lcr, statement or resolution is required to bc sca, cd upon thc owner of any premises by thc pn:n'isions
of this chapter, such service shall bc either by personal san, icc upon the owner or by delivery into the U.S. mail, postage prepaid, cc~tificd
or registered mail, addressed lo Ihc owner as such parson's name and address appear on the latest available as~asmcnt roll, or as othc~vire
known lo be thc more reliable name and address of Ihe owner. In addition, if thc owner's mailing address is different from that of thc
premises, a copy of such notice shall eilher bc likewise sawed on the parson in possession of thc premisus or conspicuously IX~tcd upon
thc premises, and such service or posting shall constitute service of notice upon the owner in the evenl that he fails to receive notice mailed
to him.
Sa~. 17~. procedure not c~lusivc.
The procedure provided in this chapter shall bc cumulative and in addition to any other procedure provided in this Code or by
state law for the abatement of any of the conditions which may be abated under this chapter, and abatement hereunder shall not prejudice
or affect any other action, civil or c~iminal, for the abatement of any such condition.
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~ 1%20. Initiation of
Whenever it appears that any premises within the city are being maintained in such a way aa to create a public nuisance, the
enforcement off'leer may investigate the matter and make a preliminary determination as to whether conditions on the pre mit~s constitute
a public nuisance.
Sec. 17-21.
Whenever the enforcement officer determines that a public nuisance exials, be shall cause notice to bc sewed upon the ovmcr
of thc premises. The notice shall describe thc premises involved by street address, if po~ible, and otherwise by the as~sor's parcei number
or legal dc~cription. It shall give a brief description of the conditions which constitute the public nuisance, a brief statement of the method
of abatement recommended aa appropriate, and a reasonable period of time for such abatement. Il shall inform the owner of his right to
a public hearing on thc question of whether the conditions constitutca public nuisance. Such notice shall b~ in substantially thc following
form:
NO'I'IC~ 3'0 .Alk~:'l'l] PUBLIC NUISANC~
(Name and addre~ of person notified)
A~ o~er of thc premises at you are hereby notified that the undersigned, pursuant to Chapter 17 of thc
Santa Ama Municipal Code, has determined that thc following conditions existing upon said premises constitute a
public nuisance:
You are hereby notified to abate said conditions to the aalisfaction of the undersigned within __ days of the
date of this notice. Otherwise such conditions shall be abated by the city and thc co~t of such abatement shall be
assessed upon such premises and shall constitute a special assessment upon such premises until paid. Abatement is
to be accomplished in thc following manner:
If you have any objection to thc determination by thc undersigned that the above-described conditions constitute a
public nuisance, you are hereby notified to file a written request for hearing to determine whether such conditions
constilute a public nuisance. Such request for hearing must be filed with the Clerk of the Council of the City of Santa
Aha within leu (10) days of thc date of this notice.
l)atc of service:
(Name and title of officer)
The enforcement officer shall cause a copy of the notice of abatement to be recorded in thc office of thc county recorder of thc
County of Orange, and upon such recordation subsequent grantees of the premises shall be deemed to have notice of the potential
assc~ment of costs of abatement against thc premises. Failure to record the notice of abatement shall not affect thc validity of proceedings
under this chapter.
ll~ating mt caistcncc c~ publi~ nuisance.
If the owner files with thc clerk of the council a request for a hearing within ten (10) days of thc date of service of the notice
of abatement, a public hearing shall be conducted in accordance with Chapter 3 of this Code, upon the question of whether the conditions
upon thc premises constitute a public nuisance. The owner shall be served with notice of the time, hour and place of such hearing The
burden of proof shall be upon thc enforcement officer to show that the conditions constitute a public nuisance. The owner may appear
in person or by representative, testify, call witnesses, and cross-examine the witnesses against him. He may, in lieu of such appearance,
submit a sworn written statement setting forth the facts in support of his contentions, together with any supporting sworn affidavits by other
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Sec. 17-25. Abatement by thc city.
Upon the expiration of the period for abatement of the public nuisance by thc owner, if no such abatement has o~curre, d to the
satisfaction of thc enforcing officer, the officer of thc city dcalgnatcd by thc city council or by thc city manager may enter upon the premises
and abate the public nuisance. Such abatement by thc city may ha accompllshad by city cmployee~ or by an independent contractor retained
by the city. The officer of the city designated to abate the nuisance shall maintain a detailed account of nil co~t~ incurl~d by the city in the
abatement of the public nuisance.
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CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance N~-=2/~-~ to be the original ordinance
adopted by the City Council of the City of Santa Ana on
~-~- ~.~ ; and that said ordinance was published in
accordance with the Charter of the City of Santa Aha.
~l~rk of the Co~ncJDate
City of Santa Ana