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ORDINANCE NO. NS- 23 74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAiNTA A/qA A~4ENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH CITYWIDE ZONING REGULATIONS FOR THE PLACEMENT AND MAINTENANCE OF EXTERIOR TELEPHONES WHEREAS, the deregulation of the telephone recently caused a dramatic increase in the number of phones located throughout the City; and industry has exterior pay WHEREAS, many of the exterior pay phones located within the City, have been placed in the public right of way, on public sidewalks, and in required landscape area; and WHEREAS, many of the exterior pay phones present safety and aesthetic issues like exposed conduit, shared conduit with neighboring phones, signage issues on pay phone exterior and aesthetically offensive installation; and WHEREAS, representatives from the exterior pay phone industry have repeatedly met with staff to express their concerns with a City permitting process and lend input into regulations for the placement of exterior pay phones. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: SECTION 1: That Santa Aha Municipal Code Section 17-72 is hereby amended to read as follows: Sec. 17-72. 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 public nuisance: (i) 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. (2) 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.