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.
"Public right-of-way"
shall mean any public street, highway, sidewalk, parkway, or alley.
(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)[1]
[1]
Editor's Note: Ord. No. 1131CCS is amended by Ord. No. 1174CCS and Ord. No. 1223CCS as pertains to newsracks, Zone A map.
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)