§ 50-198. Use of automatic telephone calling devices.

(a)

No person except a public utility engaged in the business of providing communications services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install, any device or combination of devices that will upon activation, either mechanically, electronically or by other means, initiate an intrastate call and deliver a recorded message to any telephone number assigned to any subscriber by a public telephone company without the prior written consent of such subscriber; provided that this prohibition shall not apply to persons using such recorded messages when a prior business relationship exists between the caller and the subscriber.

(b)

The term "telephone number," as used in this section, includes any additional numbers assigned by a public utility company engaged in the business of providing communications systems and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary number is in use.

(c)

The term "prior business relationship," as used in this section, shall include situations where the subscriber has placed an order with a caller that has a catalogue order department.

(Code of Gen. Ords. 1967, § 26.54.2; Ord. No. 51567, 5-22-80)