(a)
The city of Palm Springs is an internationally known destination resort which attracts visitors due to its unique natural beauty, climate, variety of hotels and charming downtown shopping district. Maintenance of the special character of its shopping areas is vital to the city's success.
(b)
It is in the public interest to establish regulations that balance the right to distribute information through newsracks with the right of persons to reasonably access and use public property. The city council wishes to provide for the placement of newsracks, strands, containers and similar newspaper and publication vending machines to provide a forum for communication while preserving the convenience of those using the public rights of way. Newsracks placed and maintained on public property, absent some reasonable regulation, may unreasonably interfere with the use of such property, and may present hazards to persons or property. The regulations contained in this chapter are in lieu of the encroachment permit regulations in Chapter 14.16 which would otherwise govern such structures.
(c)
The public health, safety, welfare, and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of public property be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from, and the enjoyment of store window displays on, properties adjoining public property be protected.
(d)
The city council of the city of Palm Springs finds that newsracks, stands, containers, and similar newspaper and publication vending devices have proliferated and increased in certain areas of the city to the extent that they are producing visual clutter and degrading the quality of these resort and shopping areas.
(e)
Moreover, the city of Palm Springs finds that the city is an extremely popular tourist destination with unusually high pedestrian and vehicular traffic volumes. The proliferation of newsracks in certain areas of the city creates undue interference with pedestrian and traffic circulation and increased safety hazards. For these reasons, the city council finds that it is necessary to specifically limit the number of locations and spaces for newsracks and other publication vending devices.
(f)
The regulations on the time, place and manner of the placement, location and maintenance of newsracks set forth in this chapter are carefully tailored to ensure that the purposes stated in this section are implemented while still providing ample opportunities for the distribution of news to the public.
(Ord. 1680 § 4, 2006)