§ 311.03. Designation of problem telephones.

The director of the department of safety and inspections may by written order designate one (1) or more public telephones located on the licensed premises of any licensee as a problem telephone. Such designation shall be based upon evidence which possesses probative value commonly accepted by reasonable prudent persons in the conduct of their affairs, which shows 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 (i) contributes to loitering or congregation in the area or disturbs the peace, quiet or personal safety of other persons in the area, or (ii) contributes to the existence of a nuisance as defined in section 310.17(c) of the Saint Paul Legislative Code.

(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 ingress or egress from any residence or place of business.

(g)

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

(h)

The telephone is considered excessive given the number of other public telephones in the area and that the aggregate number of public phones contribute directly to any conditions listed in subsections (a) through (g) above.

(C.F. No. 95-64, § 1, 2-8-95; C.F. No. 07-149, § 76, 3-28-07)