§ 5.92.020 — Pay telephones-Public nuisance

5.92.020 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 declared to be a public nuisance: 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 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 bona fide intent to exercise a constitutional right, and is causing public inconvenience or annoyance. (Prior code § 61.12.1202)