§ 9.09.020 — Nuisance declaration

9.09.020 - Nuisance declaration.

Any public pay telephone which is installed, located, maintained or operated in violation of Section 9.09.010 is declared to be a public nuisance if it is used as an instrumentality for, or contributes substantially by its presence to, any of the following activities: 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 outdoor public or private property in violation of Chapter 9.05 of this Code, and 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 public or private 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 a bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance; D. Making excessive noise.

(Ord. 6278 § 1 (part), 1996)