The purpose of this Chapter is to promote the public health,
safety and welfare through the regulation of placement, appearance,
servicing, and insuring of newsracks on public right-of-way so as
to:
(a) Provide
for pedestrian and driving safety and convenience;
(b) Restrict
the unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into or egress from any residence or place
of business, or from the street to the sidewalk by persons exiting
or entering parked or standing vehicles;
(c) Provide
reasonable access for the use and maintenance of poles, posts, traffic
signs or signals, hydrants, mailboxes, and access to locations used
for public transportation purposes;
(d) Eliminate
newsracks which may result in a visual blight on the public rights-of-way,
or which may unreasonably detract from the aesthetics of store window
displays, adjacent landscaping and other improvements;
(e) Maintain
and protect the values of surrounding properties;
(f) Reduce
unnecessary exposure of the City to personal injury or property damage
claims; and
(g) Provide
for and maintain the freedom of speech for newspapers or news periodicals
using newsracks for distribution.
(Prior code § 6250; amended
by Ord. No. 1131CCS, adopted 8/29/79)
"Newsracks"
shall mean any type of unmanned device placed upon any public
right-of-way for the vending of, or free distribution of newspapers
or news periodicals.
(Prior code § 6251; amended
by Ord. No. 1131CCS, adopted 8/29/79)
(a) General Newsrack Requirements. The following requirements
and duties shall apply to all newsracks in the City on the public
right-of-way:
(1) Newsracks shall be kept clean, and maintained in good working order
at all times, freshly painted and with unbroken hoods.
(2) The name, address and telephone number of a responsible person who
may be contacted at any time concerning the newsrack shall be displayed
on the hood of the newsrack in such manner as to be readily visible
and readable to a prospective customer thereof.
(3) Frames and racks for newsracks shall be K-Jack Model 100 (KJ M-100)
or a dimensionally equivalent model with the same style hood, paneling,
and pedestal.
(4) The entire newsrack shall be primarily constructed of metal and the
color of the frame must be olive drab, otherwise known as K-Jack Brown.
The newsrack shall have painted olive drab panels on all four sides
of the display casing.
(5) Newsracks shall be supported by a single pedestal base, and be permanently
mounted. The pedestal base shall be all painted gloss black, and shall
be bolted in place in accordance with specifications provided by the
Public Works Department and only at locations designated by such department.
(6) Newsracks shall not carry advertising except the name of the newspaper
or periodical being dispensed on the bottom one third of the plastic
hood.
(7) No person shall place, affix, erect, construct or maintain a newsrack
upon any public right-of-way without first obtaining a permit in accordance
with the provisions of this Chapter.
(b) Provisions Supplemental to Business License Regulations. The
provisions of this Chapter are intended to augment and be in addition
to the provisions providing for a business license tax. Whenever the
provisions of this Chapter impose a greater restriction upon persons,
premises or practices than is imposed by the general business license
regulations, the provisions of this Chapter shall control.
(Prior code § 6252; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 13,
adopted 5/28/96; Ord.
No. 2273CCS § 1, adopted 10/14/08)
Any publication vending machine which in whole or in part rests
upon, in or over any public sidewalk or parkway, shall comply with
the following standards:
(a) Publication
vending machines shall only be placed near a curb or adjacent to a
wall or a building. Such machines placed near the curb shall be placed
no less than eighteen inches nor more than twenty-four inches from
the edge of the curb. Those machines 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 such machine shall be placed or maintained
on the sidewalk or parkway opposite another publication vending machine
or group of such machines.
(b) No
publication vending machine shall be chained, bolted or otherwise
attached to property not owned by the owner of said machine or to
any permanently fixed object, unless the custodian of said machine
shall have first obtained the written permission of the owner of the
object to which the machine is affixed.
(c) Publication
vending machines may be placed next to each other, provided that no
group of said machines shall extend more than eight feet along a curb
or wall and a space of no less than three feet shall separate each
such group of machines.
(d) No
publication vending machine shall be placed, installed, used or maintained:
(1) Within five feet of any marked crosswalk;
(2) Within fifteen feet of the curb return of any unmarked crosswalk;
(3) Within five feet of any fire hydrant, fire call box, police call
box or any other emergency facility;
(4) Within five feet of any driveway;
(5) Within five feet ahead of or twenty-five feet to the rear of any
sign marking a designated bus stop;
(6) Within five feet of any bus bench;
(7) At any location whereby the clear space for the passageway of pedestrians
is reduced to less than six feet;
(8) Within three feet of any area improved with lawn, flowers, shrubs
or trees, or within three feet of any display window or 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;
(9) Within one hundred fifty feet of another newsrack containing the
same newspaper or news periodical except where separated by a street
or corner, or except where a newspaper demonstrates that there is
insufficient room in one machine for the newspapers which may be sold
in one day.
(10) Facing another newsrack, divided only by the width of a sidewalk
or pedestrian walk.
(11) In a manner inconsistent with the Newsrack Guidelines adopted by the Public Works Department pursuant to Section
6.28.120.
(e) No
such machine shall be used for advertising signs or publicity purposes
other than dealing with the display sale, or purchase of the publications
sold therein.
(f) Each
such machine shall be maintained in a clean, neat and attractive condition
and in good repair at all times, and no issue or edition of any publication
shall be allowed to remain in any such machine for a period in excess
of seven days from the date of initial issuance or publication, whichever
is sooner.
(Prior code § 6253; amended
by Ord. No. 2273CCS § 2, adopted 10/14/08)
(a) No
publication which is prohibited by the laws of the State from sale
or distribution to minors, may be offered for sale to the public unless
such offer of sale is made or maintained in the presence of an attendant
with the ability to prevent the purchase of such publication by a
minor.
(b) No
publication may be offered for sale to the public on any public right-of-way
by means of such publication vending machine in such manner as to
expose to the public view any photograph or drawing contained within
such publication displaying any of the following:
(1) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region
or pubic hair region of any person, other than a child under the age
of puberty;
(2) Any portion of the breast, at or below the areola, of any female
person, other than a child under the age of puberty.
(c) Every
person is guilty of a misdemeanor who causes, permits, procures, counsels
or assists in an offer of sale of any such publication in violation
of this Section.
(d) Any
publication offered for sale in violation of this Section constitutes
a public nuisance.
(Prior code § 6254)
(a) Nonconforming Newsracks.
(1) Commencing ninety days after Ordinance Number 2273(CCS) becomes effective,
any newsrack in violation of any provision of this Chapter will be
deemed nonconforming except existing woodgrain panels in good condition.
The City may attach a notice to correct to a nonconforming newsrack,
that shall state the nature of the violation and the rights of the
owner of the nonconforming newsrack under this Chapter. In addition
to such notice, and contemporaneously therewith, the Director of Public
Works shall make all reasonable efforts to notify the owner of the
violation, and inform him or her of their rights. Within ten working
days after the notice is attached, the owner may either cure the violation,
or file a written protest and request a hearing with the Director
of Public Works. Any decision of the Director of Public Works shall
be in writing and is final.
(2) If the violation is not corrected and/or the Director of Public Works
upholds the decision that the newsrack is in violation of this Chapter,
the City may impound the newsrack and shall make all reasonable efforts
to notify the permittee or his or her authorized agent of the impoundment.
(3) Upon failure of the permittee to claim an impounded newsrack and
pay the expenses of such removal and storage within thirty days after
removal, the newsrack shall be deemed unclaimed property and may be
disposed of by the City pursuant to applicable provisions of this
Code.
(b) Abandonment.
(1) If any newsrack installed pursuant to this Chapter does not contain
the publication specified in the application therefore within a period
of forty-eight hours after release of the current issue, or if no
publication is in the newsrack for a period of more than seven consecutive
days, the newsrack may be considered abandoned and nonconforming.
The Director of Public Works shall notify the owner and take action
to remove the newsrack from the public right-of-way in accordance
with the procedure set out in subsection (a) of this Section.
(2) In the event a permittee of a newsrack desires to voluntarily abandon
a newsrack location, said permittee shall completely remove the newsrack
and mount, and restore the public right-of-way to a safe condition,
leaving no holes or projections in the pavement.
(c) Hearing.
The owner (permittee) may, within thirty days of the impoundment,
request in writing a hearing before the City Manager or designee for
the purpose of demonstrating that the newsrack was not rightfully
impounded and should be returned to the permittee. The City Manager
shall establish procedures for the conduct and timing of this hearing.
(Prior code § 6255; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 14,
adopted 5/28/96; Ord.
No. 2273CCS § 3, adopted 10/14/08)
(a) Applications. The applicant shall file with the Director of
Public Works a written application for a permit which shall contain
the following information:
(1) The name, address and telephone number of the applicant;
(2) The name, address and telephone number of a responsible person whom
the city may notify or contact at any time concerning the applicant's
newsrack;
(3) The number of newsracks and the proposed location of each;
(4) Names of newspapers or periodicals to be contained in each newsrack;
(5) Type or brand of newsrack, including description of the newsrack
and mount, if other than K-Jack Style Mount Model 100.
(b) Issuance of Permits. Upon a finding by the Director of Public
Works that the applicant is in compliance with the provisions of this
Chapter, he or she shall issue a permit in accordance with application
and the provisions of this Chapter.
(c) Denial of Permit. If a permit shall be denied, the applicant
shall be immediately notified of the specific cause of such denial
by the Director of Public Works.
(Prior code § 6256; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 15,
adopted 5/28/96; Ord.
No. 2273CCS § 4, adopted 10/14/08)
Prior to the issuance of a permit by the Director of Public
Works, the applicant shall furnish to the Director of Public Works
a certificate of commercial general liability insurance ("CGL") that
the applicant has then in force and effect, naming the City as an
additional insured, in an amount not less than five hundred thousand
dollars minimum liability per occurrence/and in the general aggregate.
The insurance shall be obtained from an insurer with a current A.M.
Best's rating of no less than A-:6. The evidence of insurance filed
with the Director of Public Works shall include a written statement
by the insurance carrier that coverage shall not be cancelled except
after thirty days' prior written notice, or ten days' prior written
notice for non payment of premium, has been given to the City by certified
mail before any cancellation of coverage. The Director of Risk Management
may authorize a program of self-insurance if it contains an equivalent
level of coverage and protection to the City.
(Prior code § 6257; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 16,
adopted 5/28/96; Ord.
No. 2273CCS § 5, adopted 10/14/08)
There shall be an annual permit fee established by resolution
of the City Council, in an amount sufficient to cover the actual costs
of the newsrack program including permitting, inspection, and administration.
This fee shall be adjusted annually for inflation by the percentage
change in the Consumer Price Index ("CPI") commencing on July 1, 2009
and on July 1st of each year thereafter. The cost of installation,
maintenance, replacement, removal, and relocation of newsracks shall
be at the sole expense of the owner or permittee.
(Prior code § 6258; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 17,
adopted 5/28/96; Ord.
No. 2273CCS § 6, adopted 10/14/08)
(a) General. The provisions of Section
6.04.260 of this Article relating to revocation and suspension shall be applicable.
(b) Appeals. Any applicant who has been denied a permit pursuant to the provisions of this Section may file an appeal with the Council in accordance with the provisions of Article 6, Chapter
6.16 of this Code.
(Prior code § 6259; amended
by Ord. No. 1131CCS, adopted 8/29/79; Ord. No. 1851CCS § 18,
adopted 5/28/96)
If any provision of this Chapter as herein enacted or hereafter
amended, or the application thereof to any person or circumstances,
is held invalid, such invalidity shall not affect the other provisions
or applications of this Chapter (or any Section or portion of Section
hereof) which can be given effect without the invalid provision or
application, and to this end the provisions of this Chapter are, and
are intended to be severable.
(Prior code § 6260; amended
by Ord. No. 1131CCS, adopted 8/29/79)
The Director of Public Works Management shall have the authority
to promulgate and or adopt administrative regulations that are consistent
with and further the terms and the requirements of this Chapter. All
administrative guidelines shall be in writing.
(Added by Ord. No. 2273CCS §
7, adopted 10/14/08)