The council of the city of Placentia finds and declares that:
(1) 
Coin vending machines placed upon public property in a location which unreasonably interferes with, or impedes, the flow of pedestrian or vehicular traffic create a nuisance which jeopardizes the safety of the citizens of the city of Placentia by preventing safe passage to and from public sidewalks, public streets, roadways, or parkways;
(2) 
The public display of pictorial material depicting nudity and sexual conduct in publications contained in newsracks located on public rights-of-way is patently offensive and harmful to passersby when readily visible to them, and is detrimental to a healthy moral environment to which persons of the city of Placentia are entitled;
(3) 
Such public displays are thrust indiscriminately on children and unwilling adults and constitute assaults upon individual privacy;
(4) 
Every person is entitled to use the public rights-of-way in the city of Placentia without being subjected to such public displays;
(5) 
Such public displays constitute a public nuisance;
(6) 
The provisions and prohibitions hereinafter contained are enacted and are in pursuance of and for the purpose of securing and promoting the public health, safety, morals, and general welfare of the persons in the city of Placentia in their use of public rights-of-way.
(Ord. 75-O-102 § 1, 1975)
For the purpose of the provisions of this chapter concerning newsracks on public rights-of-way hereinafter set forth, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
"Newsrack"
means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used or maintained for the display, sale or distribution of publications.
"Nudity"
means the showing with less than a fully opaque covering of the genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person, other than a child under the age of puberty, or any portion of the breast at or below the areola thereof of any female person, other than a child under the age of puberty.
"Parkway"
means that area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkways shall also include any area within a roadway which is not open to vehicular travel.
"Pictorial material"
means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing.
"Public right-of-way"
means any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, and any other similar public way.
"Roadway"
means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Sexual conduct"
means an act of sexual intercourse, masturbation, homosexuality, sodomy, bestiality, anal intercourse, oral copulation, flagellation, or other act of sexual arousal involving any physical contact with a person's clothed or unclothed genitals, pubic region, pubic hair, buttocks, natal cleft, perineum, anus or anal region, or, if such a person be a female, breast.
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
"Street"
means all that area dedicated to public use for public street purposes and shall include, but not be limited, to roadways, parkways, alleys and sidewalks.
(Ord. 75-O-102 § 1, 1975)
(a) 
No person shall knowingly place or maintain, or cause to be placed or maintained, in any newsrack which rests in whole or in part, upon, in or on any portion of a public right-of-way, or which projects onto, into or over any part of a public right-of-way, any publication or material which while in said newsrack exposes to public view any pictorial material which depicts or appears to depict nudity and actual or simulated sexual conduct.
(b) 
No person shall install, use or maintain, or cause to be installed, used, or maintained any newsracks or other structure which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway or any public street.
(c) 
No person shall install, use or maintain, or cause to be installed, used, or maintained, any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance:
(1) 
Endangers the safety of persons or property; or
(2) 
Unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle; or
(3) 
Unreasonably interferes with or impedes the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location; or
(4) 
Interferes with the cleaning of any sidewalk by use of mechanical sidewalk cleaning machinery.
(Ord. 75-O-102 § 1, 1975)
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:
(1) 
No newsrack shall exceed five feet in height, 30 inches in width, or two feet in thickness.
(2) 
Newsracks shall only be placed near a curb or adjacent to the wall of a building.
Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
(3) 
No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or:
(A) 
Within three feet of any marked crosswalk;
(B) 
Within 15 feet of the curb return of any unmarked crosswalk:
(C) 
Within three feet of any fire hydrant, fire call box, police call box or other emergency facility;
(D) 
Within three feet of any driveway;
(E) 
Within three feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop;
(F) 
Within three feet of any bus bench;
(G) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
(H) 
Within three feet of any area improved with lawn, flowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
(4) 
Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
(5) 
No newsrack or group of attached newsracks allowed under subsection 4 hereof shall weigh, in the aggregate, in excess of 125 pounds when empty.
(6) 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
(7) 
Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(Ord. 75-O-102 § 1, 1975)
Within 30 days after this chapter becomes effective, every person or other entity which places or maintains, or causes to be placed or maintained, a newsrack on the streets of the city of Placentia shall have his or its name, and current address and telephone number affixed thereto in a place where such information may be easily seen.
(Ord. 75-O-102 § 1, 1975)
(a) 
Any newsrack installed, used or maintained, or caused to be installed, used or maintained in violation of the provisions of this subsection may be summarily removed and stored in any convenient place by any public body or officer. Such body or officer shall, prior to removal, take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage, in the amount of $25, within 30 days after such removal, such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to law.
(b) 
In the case of violation of this subsection relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or each other, and upon location of newsracks, any public body or officer may, as an alternative to removal under subsection (a) hereof, remove such attachment and/or move such rack or racks in order to restore them to a legal condition.
(Ord. 75-O-102 § 1, 1975)
In the event any newsrack installed pursuant to this chapter is not serviced with the publication it is designed to disseminate for a period of over seven days, the city reserves the right to remove same pursuant to the procedure set out in Section 10.44.060. For purposes of this section. "abandonment" shall include, but is not limited to circumstances where no publication is in the rack for a period of over seven days.
(Ord. 75-O-102 § 1, 1975)
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Section 1.08.010; each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. 75-O-102 § 1, 1975)