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(3) Loitering on nearby public or private property. <br /> <br />(4) Excessive noise. <br /> <br />(5) Disturbance of the peace, public drunkenness, <br /> harassment of passerby, gambling, public urination or <br /> lewd conduct. <br /> <br /> As used in this section, "loitering" shall mean <br />standing, sitting, lying or remaining on any property under <br />such circumstances that a reasonable person would conclude <br />that the person who remains on the property does not have a <br />purpose connected with the usual and ordinary use to which <br />such property is put, does not have a bona fide intent to <br />exercise a constitutional right, and is causing public <br />inconvenience or annoyance. <br /> <br /> SECTION 2: That Santa Aha Municipal Code Section 17-73 is <br />hereby amended to read as follows: <br /> <br />Sec. 17-73. Abatement generally. <br /> <br /> (a) Whenever the chief of police or his designee determines <br />that any pay telephone constitutes a public nuisance as defined in <br />sections 17-71 or 17-72, the chief of police or his designee may <br />commence proceedings to abate the nuisance. The abatement <br />proceedings shall conform to article II of this chapter, except as <br />specified in this article. <br /> <br /> (b) No proceedings to abate a public nuisance as defined in <br />sections 17-71 or 17-72 shall be commenced unless the chief of <br />police or his designee first has made a reasonable effort to work <br />with the property owner where the pay telephone is located or the <br />pay telephone vendor to eliminate the conditions described in <br />sections 17-71 or 17-72 by voluntary measures, such as: <br /> <br />(1) Blocking incoming calls; <br /> <br />(2) Lighting to be installed to a minimum of one <br /> footcandle; <br /> <br />(3) Changing the telephone's location on the parcel; <br /> <br /> <br />