§ 264.40. Licensing official may designate problem pay telephone.

The licensing official may designate a particular outdoor pay telephone located on the property of a licensee described in section 264.10 as a problem pay telephone, based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs that one (1) or more of the following conditions exist:

(a)

The telephone is regularly or frequently used to further the distribution of controlled substances, prostitution, or other criminal activity.

(b)

The unrestricted use of the telephone contributes to loitering or congregation in the area or disturbs the peace, quiet, or personal safety of other persons in the area.

(c)

The telephone is detrimental to the public safety.

(d)

The telephone unreasonably interferes with the flow of pedestrians or vehicular traffic.

(e)

The telephone unreasonably interferes with the use of crosswalks, traffic signs or signals, hydrants, or mailboxes.

(f)

The telephone unreasonably interferes with the ingress or egress from any residence or place of business.

(g)

The telephone is deemed by the city engineer to be a safety concern or hazard.

(h)

Failure to provide information as required under section 264.80.

(i)

The telephone is considered excessive given the number of outdoor pay telephones already in the area and that the aggregate number of outdoor pay telephones contributes directly to any conditions listed in subdivisions (a) through (g) above. (92-Or-095, § 1, 8-7-92; 94-Or-101, § 3, 7-29-94; 2013-Or-168, § 1, 12-6-13; Ord. No. 2017-064 , § 1, 11-3-17)