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2002 SESSION

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025411756
HOUSE BILL NO. 989 Offered January 9, 2002 Prefiled January 9, 2002 A BILL to amend the Code of Virginia by adding a section numbered 56-479.2, relating to outdoor coin-operated telephones constituting a public nuisance; penalty. ---------- Patron-- Hall (By Request) ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 56-479.2 as follows:

§ 56-479.2. Removal of outdoor coin-operated telephones that constitute public nuisance; penalty.

A. The Commission may, by judgment entered after a hearing on notice duly served not less than thirty days before the date of the hearing, shall be authorized, upon finding that a circuit court of competent jurisdiction has found, pursuant to the provisions of Chapter 1 (§ 48-1 et seq.) of Title 48, that the existence or use of an outdoor coin-operated telephone equipment constitutes a public or common nuisance, to order the public service corporation that owns or provides dial tone to the outdoor coin-operated telephone equipment (i) to remove such equipment from the vicinity wherein its existence or use was found to constitute a public or common nuisance or (ii) to terminate dial tone or other service to such equipment.

B. Any public service corporation that is ordered to remove or terminate dial tone or other service to any outdoor coin-operated telephone equipment pursuant to subsection A shall remove or terminate dial tone or other service to such equipment within ten days following the effective date of such order.

C. Any public service corporation that fails to remove or terminate dial tone or other service to any outdoor coin-operated telephone equipment pursuant to an order of the Commission within the period specified in subsection B shall be subject to a fine, to be imposed in a proceeding before the Commission instituted for the purpose of determining whether there is any liability hereunder, of not less than $100 and not in excess of $500, together with the costs of the proceeding as adjudged by the Commission and as taxed by the clerk of the Commission according to law; and every day of any such failure may be deemed a separate offense.

D. Any proceeding under this section shall not prevent or preempt the right of any person to take any authorized action to abate a public or common nuisance pursuant to Chapter 1 (§ 48-1 et seq.) of Title 48.

E. The Commission may promulgate any rules or regulations necessary to implement the Commission's authority under this section.