(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)
(a)
The purpose of this chapter is to promote the public health, safety,
and welfare through the regulation of placement, appearance, number,
size, and servicing of newsracks on public rights of way so as to:
(1)
Provide for pedestrian and driving safety and convenience;
(2)
Prevent unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress into, or egress from, any residence,
place of business, or from the street to the sidewalk, by persons
exiting or entering parked or standing vehicles;
(3)
Provide reasonable access for the use and maintenance of sidewalks,
poles, posts, traffic signs or signals, hydrants and mailboxes, and
access to locations used for public transportation services;
(4)
Reduce visual blight on the public rights of way and protect the
aesthetics of store window displays, public landscaping and other
improvements;
(5)
Maintain and protect the value of surrounding properties;
(6)
Reduce exposure to the city to personal injury or property damage
claims and litigation;
(7)
Protect the right to distribute information which is protected by
state and federal constitutions through the use of newsracks.
(b)
It is not the intent of this chapter to in any way discriminate against,
regulate, or interfere with the publication, circulation, distribution,
or dissemination of any newspapers.
(Ord. 1680 § 4, 2006)
For the purpose of this chapter, certain words and phrases are
defined in this section, unless it is apparent from the context that
a different meaning is intended:
means a newsrack base which conforms to specifications approved
by the Director, as defined below. All pedestals shall be at least
three inches in height.
means a newsrack that is constructed or modified so that
no less than the bottom two thirds of the printed material is obscured
from view.
means one side of a street between two consecutive intersecting
streets.
shall mean Monday through Friday, inclusive, of every week
excepting holidays for which the city is closed to official business.
means a publication with no fewer than five new editions
per week.
means the city manager or the city manager's designee. The
director is designated as the administrative enforcement official
for this chapter and may issue a compliance order.
has the meaning set forth in Section 313(a) of the California
Penal Code, or in any successor provision.
means a block in which it is likely that there will be more
applications for newsracks than there will be permits issued for newsracks
under the standards set forth in this chapter.
means any approved self service or coin operated box, container,
storage unit, or other dispenser or publication vending device of
any kind installed, used, or maintained for the display and distribution
of newspapers or other periodicals.
means the surface area in the public right of way sufficient
to accommodate a newsrack.
means that area between the concrete sidewalk and the curb
of any street surfaced with interlocking concrete pavers. Where no
interlocking concrete pavers "parkway" exist, the parkway is that
area between the property line/right of way line and the curb.
means that portion of the city within the boundaries of both
sides of Vista Chino on the north, Ramon Road on the south, Belardo
Road/Museum Drive on the west and both sides of Indian Canyon Drive
on the east. This area includes both sides of Palm Canyon Drive, Stevens
Road, Camino Monte Vista, Tachevah Drive, El Alameda, Tamarisk Road,
Granvia Valmonte, Alejo Road, Amado Road, Andreas Road, Tahquitz Canyon
Way, Arenas Road and Baristo Road within such boundaries.
means a permit issued pursuant to this chapter which allows
for the placement of a newsrack within a specifically designated portion
of a public sidewalk or parkway.
means any individual, firm, company, corporation or other
organization.
means any surface dedicated to the use of pedestrians by
license, easement, and operation of law or by grant to the city.
means all of that area dedicated to public use for public
street and sidewalk purposes and includes, but is not limited to,
roadways, parkways, alleys, service drives and sidewalks.
means that portion of a public street improved, designed
or ordinarily used for vehicular travel.
means a permit issued to a person as a primary applicant
providing for the sharing of a newsrack among specified publications
as long as all of the standards of this chapter are otherwise met.
The primary applicant shall be considered the permittee for all purposes
under this chapter except as explicitly set forth in this chapter.
(Ord. 1680 § 4, 2006; Ord. 1997 § 2, 2019)
Any newsrack which, in whole or in part, rests upon, in or over
any public sidewalk, parkway or similar public right of way shall
substantially comply with the following:
(a)
Newsracks shall not project onto, into, or over any part of the roadway
of any public street and any newsrack located near a curb shall be
placed not less than eighteen inches nor more than twenty four inches
from the edge of the curb. Newsracks placed adjacent to the rear of
the sidewalk shall be placed parallel to the wall and at least six
inches from the wall.
(b)
Newsracks shall not be chained, bolted, or otherwise attached to
any private property without the consent of the property owner and
newsracks shall not be chained, bolted, or otherwise attached to any
public property without the express approval of the director.
(c)
Newsracks may be placed immediately adjacent to one another, provided
that no more than three newsracks shall be placed next to each other.
Each group of attached newsracks shall be separated by eighteen inches
or more. The city engineer shall determine, consistent with the purposes
of this chapter, and the standards herein, the number of newsracks
that can be bolted, attached or grouped in a particular location on
a location by location basis.
(d)
Newsracks shall not be placed, installed, used, or maintained in
a manner that endangers the safety of persons or property, or in a
manner that unreasonably impedes or interferes with the flow of pedestrian
or vehicular traffic, the ingress into or egress from any residence,
place of business, or any legally parked or stopped vehicle. In furtherance
of these requirements, a newsrack which in whole or in part rests
upon, in, or over any sidewalk or parkway or other public property
shall not be placed, installed, used, or maintained:
(1)
Within ten feet of any marked crosswalk;
(2)
Within fifteen feet of the curb return of any unmarked crosswalk;
(3)
Within ten feet of any fire hydrant, fire call box, traffic signal
controller, police call box or other emergency facility;
(4)
Within ten feet of any driveway or alley approach;
(5)
Within five feet ahead and thirty-five feet to the rear of any sign
marking a designated bus stop;
(6)
Within six feet of any bus bench;
(7)
Within three feet of any utility meter, manhole, service box, parking
meter, street light pole or other utility;
(8)
At any location whereby the clear space for the passageway of pedestrians
would be reduced to less than six feet in the Palm Springs downtown
area and less that four feet for the all areas of the city outside
of the Palm Springs downtown area;
(9)
Within three feet of any permitted sidewalk dining area or 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 unless an engineering study in a high density
newsrack area concludes that a minor variance is consistent with the
purposes of this chapter;
(10)
Within the boundary of a valet parking zone or loading/unloading
zone;
(11)
At any location where street furniture may not generally be installed
because of potential harm to subterranean structures;
(12)
Within two hundred fifty feet of another newsrack containing the
same newspaper or periodical except where separated by a street or
comer or where: (A) a newspaper demonstrates that there is insufficient
room in one machine for the newspapers which may be sold in one day,
or (B) a newspaper demonstrates that it publishes more than one edition
of the newspaper for sale at the same time; and
(13)
Facing another newsrack, divided only by the width of a public sidewalk
or public pedestrian wall.
(e)
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 a newsrack in such manner as to be readily visible
to and readable by a prospective customer.
(f)
Newsracks shall not carry any advertising and shall not be used for
advertising signs or publicity purposes, except:
(1)
The name of the newspaper or periodical being dispensed on the face
of the newsrack or the side of the newsrack; and
(2)
Rack cards contained in card pans, limited solely to the display,
sale, or purchase of the newspaper or periodical being dispensed,
which are attached to and located on the front or back of the newsrack
and do not exceed fifteen inches in height and twenty two inches in
length.
(g)
Newsracks shall be kept clean and maintained in good working order
at all times, freshly painted and with unbroken hoods. Newsracks shall
be regularly serviced so that the each publication is reasonably available
consistent with the publication dates and practices of the respective
publisher.
(h)
Frames and racks for newsracks shall be: (1) at least forty-eight
inches in height and shall not exceed fifty-two inches in height,
including the base or pedestal and any coin mechanism; (2) at least
twenty inches and no more than thirty inches in width; and at least
twelve inches and no more than twenty inches in thickness. The top
of the coin mechanism shall not be more than six inches above the
top of the newsrack. Each newsrack shall be installed on a base or
pedestal which shall be at least three inches in height. Mounts shall
be bolted in place in accordance with specifications provided by the
director and shall be painted flat black.
(i)
The design of a newsrack shall not create a danger to the persons
using the newsrack in a reasonably foreseeable manner. All newsracks
shall comply with all applicable federal, state, and local laws and
regulations including, without limitation, the Americans with Disabilities
Act and other laws and regulations relating to barrier-free design.
(j)
Newsracks shall conform to such other specifications as may be required
or specified by the director.
(Ord. 1680 §4, 2006)
(a)
Notwithstanding any contrary provisions in this chapter, the following
special standards shall apply to newsracks and the placement of publications
in newsracks within the Palm Springs uptown and downtown area:
(1)
Only City owned and maintained newsracks shall be allowed in the
Palm Springs Uptown and Downtown area. Vendors of publications wishing
to utilize newsracks in the Palm Springs downtown area shall be required
to utilize such newsracks.
(2)
Newsracks shall be permitted at only the locations as indicated or
otherwise specified by the Director on a map of Palm Springs Uptown
and Downtown area on file in the office of the City Clerk. The Director
may increase or decrease the number of locations, depending upon seasonal,
event, or demand requirements.
(b)
The Director or his or her designee shall have the authority to provide
procedures, which may include, but not be limited to, a fee structure,
a selection system, or any combination thereof, in order to administer
the availability of City owned and operated newsracks.
(Ord. 1680 § 4, 2006; Ord. 1997 § 3, 2019)
(a)
It is unlawful to install, place, maintain, or cause to be placed,
installed, or maintained a newsrack on, or projecting on, any public
property without first receiving a permit from the director and unless
such newsrack is in compliance with the provisions of this chapter;
provided that, except for newsracks proposed to be located within
the Palm Springs downtown area, a newsrack located on public property
as of May 11, 2005, may continue to remain in such location, under
the following conditions:
(1)
The newsrack is in compliance with all of the requirements for the
installation and maintenance of newsracks contained in this chapter;
(2)
A permit application for such newsrack has been filed as of that
date with the city engineer by the duly authorized representative
of both the publisher and, if applicable, any independent distributor
authorized to service the publisher's newsrack; and
(3)
A permit pursuant to such application has not been denied with respect
to any such newsrack.
|
If a permit application has been not been filed by that date
by the duly authorized representative of both the publisher and, if
applicable, any independent distributor authorized to service the
publisher's newsrack, or such permit is denied, such newsrack shall
be deemed to be in violation of the provisions of this chapter.
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(b)
Applications for a newsrack permit for one or more newsracks shall
be made to the director on a form prescribed by the director, which
shall include, without limitation:
(1)
The name, street and mailing address, and telephone number of the
applicant, which shall be the duly authorized representative of both
the publisher and, if applicable, any independent distributor authorized
to service the publisher's newsrack for which the permit is sought.
(2)
The name, street, and mailing address and telephone number of the
distributor or other responsible person whom the city may notify or
contact at any time concerning the applicant's newsrack(s).
(3)
The number of proposed newsracks and a description of the exact proposed
location (including a map or site plan, drawn to scale, with adequate
locational information to verify conformance with this chapter) and
the proposed means of affixing each proposed newsrack.
(4)
A description of each proposed newsrack, including its dimensions,
the number of publication spaces it will contain, a photograph and/or
model number of the type of newsrack being proposed; and whether it
contains a coin-operated mechanism.
(5)
The name and frequency of publication of each publication proposed
to be contained in each newsrack.
(6)
A statement in a form approved by the city attorney signed by the
applicant that the applicant agrees to indemnify, defend, and hold
harmless, the city and its representatives from all claims, demands,
loss, fines, or liability to the extent arising out of or in connection
with the installation, use, or maintenance of any newsrack on public
property by or on behalf of any such person, except such injury or
harm as may be caused solely and exclusively by the negligence of
the city or its authorized representatives.
(7)
A statement in a form approved by the city attorney signed by the
applicant that the applicant agrees, upon removal of a newsrack, to
repair any damage to the public property caused by the newsrack or
its removal.
(8)
Proof of insurance acceptable to the director showing that the applicant
is covered by a policy of general liability insurance, naming the
city as an additional insured, in an amount, form, and coverage requirements
as may be specified from time to time by the director for any injury
to persons and/or damage to property by reason of installation, use,
and maintenance of the newsrack on public property. The applicant
shall provide and keep in force that policy of public liability insurance
during such time as it continues to operate any newsrack under the
terms of this chapter. If the insurance is canceled at any time during
the term of the permit, it shall be grounds for revocation of the
permit.
(9)
An agreement in a form approved by the city attorney that the applicant
agrees to conform to the requirements of this chapter.
(10)
Payment of any processing fee, as may be established by resolution
of the city council.
(c)
In the case of a shared permit, all of the information set forth
in subsection b of this section must be supplied for all of the publications
proposed to be sharing the newsrack. In addition, the primary applicant
shall assume responsibility and authority for complying with all of
the standards of this chapter for the shared permit, and all publications
sharing the newsrack must assent to the assumption of responsibility
and authority by the primary applicant.
(d)
Applications will not be accepted for geographic locations which
are then unavailable due to construction activity.
(Ord. 1680 § 4, 2006)
(a)
A permit shall be granted, denied or granted conditionally within twenty business days after a completed application is filed, unless the study described in Section 14.26.070(a) is undertaken, in which case it shall be granted, denied, or granted conditionally within twenty business days of the director's approval of the study by the director.
(b)
The director shall formulate and administer an accelerated implementation program that will commence on the effective date of the ordinance codified in this chapter and end ninety calendar days thereafter. Fees for the accelerated implementation program shall be established by resolution of city council and shall be in an amount that does not exceed the cost of the administration and implementation of the program. All applications received during the accelerated implementation program shall be deemed filed as of the last day of the accelerated implementation program, so that priority will not be given for any location based upon the time the application was submitted, and shall be granted, denied, or conditionally granted within the time frames specified in subsection a of this section, unless a study pursuant to Section 14.26.070(a) is undertaken, in which case it shall be granted, denied, or granted conditionally within twenty business days of the director's approval of the study. The director shall give notice of the commencement of the accelerated implementation program by publication once in a newspaper of general circulation in the city and shall endeavor to mail notice thereof to the owners and/or distributors of newsracks existing on the effective date of this chapter; provided, however, that failure to provide mailed notice to any person shall not invalidate any action taken pursuant to this section or this chapter.
(Ord. 1680 § 4, 2006)
(a)
There is a rebuttable presumption created by this section that, within one block, eighteen is the maximum number of newsracks which can be accommodated in a block under the standards of Section 14.26.030. The director, however, may establish a number greater or less than eighteen in any specific block by conducting a location study utilizing the standards and requirements set forth in this chapter. Such a study shall be conducted in any areas in which the director reasonably identifies as a high density newsrack area and where such areas are identified within sixty days of the effective date of this chapter, such studies shall be completed as a part of the accelerated implementation program.
(b)
If a permit application for a specific geographic location on a block is received and such geographic location complies with the standards set forth in Section 14.26.030 and, all other requirements of this chapter are met, applications shall be approved on a first come, first served basis, except that all applications accepted during the accelerated implementation program, described in Section 14.26.060(a), shall be deemed pending as of the same date and time. If there is another permitted newsrack at that location, then the permit application shall be approved for a location on that block which complies with the requirements of this chapter which is in closest proximity to the requested location and for which a permit has not been previously granted. If there is more than one application for a specific geographic location pending, then the priority for granting the applications shall be as set forth in subsection c of this section. The priorities for granting applications shall not displace any previously permitted newsracks.
(c)
If permit applications in excess of the number of potential locations
which are available on a block are pending, then the priority for
granting applications shall be as set forth in this subsection. No
applicant may be granted priority for a newsrack location for a publication
on a block for which that specific publication has already been granted
a permit or is part of a shared permit.
(1)
First priority shall be given to newsracks used for the sale of daily publications which have been adjudicated to be newspapers of general circulation for Riverside County, pursuant to the procedure set forth in Title 1, Division 7, Chapter 1 of the California Government Code.
(2)
Second priority shall be given to newsracks used for the sale of
daily publications which have not been adjudicated to be newspapers
of general circulation for Riverside County.
(3)
Third priority shall be given to newsracks used for the sale of weekly publications which have been adjudicated to be newspapers of general circulation for Riverside County, pursuant to the procedure set forth in Title 1, Division 7, Chapter 1 of the California Government Code.
(4)
Fourth priority shall be given to newsracks used for the sale of
weekly publications which have not been adjudicated to be newspapers
of general circulation for Riverside County.
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In the event that there is a conflict between newspapers within
the same priority seeking the same location, or within groups of applicants
not entitled to priority, and there are insufficient newsrack spaces
remaining to accommodate the conflicting newspapers after first filling
as many spaces as possible by utilizing the criteria set forth above,
permits shall be granted to the maximum allowable in a block by the
drawing of lots in a process established by the director. Such drawing
of lots shall be open to the public at a time and date designated
by the director.
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(d)
It shall be a condition of any permit granted according to a priority
set forth in this section to maintain editions in the newsrack according
to the frequency for which the priority was given.
(Ord. 1680 § 4, 2006)
If a permittee is in compliance with this chapter, a permit
will be automatically renewed for each successive calendar year by
timely payment of the renewal fee established by resolution of city
council and filing of a complete city renewal application at least
sixty days prior to the expiration of the current permit.
(Ord. 1680 § 4, 2006)
(a)
Every person issued a permit for a newsrack under this chapter shall
observe and comply with the following standards:
(1)
Each newsrack shall be maintained and serviced so that it is reasonably
free of:
(A)
General dirt and grease;
(B)
Chipped, faded, peeling, and cracked paint, on all visible painted
areas;
(C)
Rust and corrosion on all visible unpainted metal areas;
(D)
Cracks, dents, blemishes, and discoloration in the clear plastic
and glass parts, if any, through which publications are viewed;
(E)
Tears, peeling, or fading in the paper or cardboard parts and inserts;
and
(F)
Broken and misshapen structural parts.
(2)
Each newsrack, including any coin return mechanism, shall be mechanically
operable.
(3)
Newsracks shall contain current editions of the publication for which
the permit was issued and new editions placed in the newsrack at no
less than the frequency for which any priority was given for a permit
in that location.
(4)
No newsrack shall be used for advertising signs or publicity purposes
other than that directly related to the display, sale or purchase
of the publication sold therein.
(5)
No newsrack shall remain empty for a period of fifteen consecutive
days or longer.
(6)
No newsrack may contain a publication other than the one for which the permit was issued. The primary applicant for a shared permit may add or remove publications from a shared permit or permit renewal by making application to the director and providing the information set forth in Section 14.26.050.
(7)
Each newsrack will have the name, address and telephone number of
the person who owns the newsrack affixed thereto in a place where
it may be seen by anyone viewing the newsrack.
(b)
When use of a newsrack is permanently discontinued, it shall be removed
and the location restored to its previous condition, including, but
not limited to, repair of any portion of the sidewalk or parkway damaged
by the newsrack or its removal and according to specifications provided
by the director.
(c)
Except as set forth herein, permits shall not be sold or transferred
other than as a part of the sale of all of the assets of the permittee.
Any other attempted sale or transfer shall void the permit.
(Ord. 1680 § 4, 2006)
Upon determination by the director that a newsrack for which a person has been issued a permit has been installed, used, or maintained in violation of the provisions of this chapter, including, but without limitation, failure to observe any term or condition of the permit or not meeting conditions related to priority for the location of any permit, an order to comply may be issued to the person who holds the permit. A permit holder may appeal an order of the director pursuant to the provisions of Section 14.26.170. If a permit holder fails to comply with an order of the director, the director may commence the revocation process provided in Section 14.26.110. The director shall not enforce an order to comply while an appeal is pending.
(Ord. 1680 § 4, 2006)
Whenever any permit holder fails to correct three or more orders
to comply, the director, after giving the permit holder ten days'
notice in writing specifying the time and place of hearing and requiring
the permit holder to show cause why the permit should not be revoked,
may suspend or revoke any one or more of the permits held by the permit
holder. The director shall give the permit holder written notice of
the suspension or revocation of such permit or permits.
(Ord. 1680 § 4, 2006)
(a)
Any newsrack or any material in a newsrack placed, installed, or
maintained in violation of this chapter shall constitute a public
nuisance and may be abated in accordance with applicable provisions
of law and this code.
(b)
In addition to the enforcement remedies available to the city, which are set forth in Title 1 of this code, any newsrack placed, installed, or maintained in violation of this chapter may be removed by the city, subject to the notice and hearing procedures set forth in this subsection.
(1)
Before removal of any newsrack, the code enforcement officer shall
notify the owner or distributor of the violation. Written notification
by first class mail to the address or addresses shown on the offending
newsrack shall constitute adequate notice. The code enforcement officer
may, but need not, affix an additional notice tag onto the offending
newsrack. If no identification is shown on the newsrack, posting of
the notice on the newsrack alone shall be sufficient. The notice shall
state the nature of the violation, shall specify actions necessary
to correct the violation, and shall give the owner or distributor
ten business days from the date appearing on the notice to either
remedy the violation or to request a meeting before the chief building
official or designee of the chief building official, who shall not
be the code enforcement officer. The date on the notice shall be no
earlier than the date on which the notice is mailed or affixed to
the newsrack, as the case may be.
(2)
Any owner or distributor notified under subsection (b)(1) of this
section may request a meeting with the director by making a written
request therefor within ten business days from the date appearing
on the notice. The meeting shall be informal, but oral and written
evidence may be given by both sides. The director shall give his or
her decision within ten business days after the date of the meeting.
Any action by the city to remove the newsrack shall be stayed pending
the written decision of the chief building official or designee following
the meeting.
(3)
The city may remove and impound a newsrack or newsracks in accordance
with this subsection following the written decision of the director
upholding the determination of a violation, or if the owner or distributor
has neither requested a meeting nor remedied the violation within
ten business days from the date on the notice. An impounded newsrack
shall be retained by the city for a period of at least thirty calendar
days following the removal, and may be recovered by the permittee
upon payment of a fee as set forth by the council by resolution. An
impounded newsrack and its contents may be disposed of by the city
after thirty calendar days.
(4)
Notwithstanding the provisions of subsections (b)(1) and (b)(2) of
this section, prior notice and an opportunity to be heard shall not
be required prior to removal of any newsrack that is installed or
maintained in such a place or manner as to pose an immediate or clear
and present danger to persons, vehicles or property or any newsrack
that is placed in any location without a permit. In such case, the
city shall proceed in the following manner:
(A)
Within the next working day following removal, the director shall
notify by telephone the permittee or, in the case of an unpermitted
newsrack, the owner of the newsrack or a person whose name is shown
on the required identification. Within three business days, the chief
building official or designee shall send written confirmation of the
telephoned notice. The written confirmation shall contain the reasons
for the removal and information supporting the removal, and shall
inform the recipient of the right to request, in writing or in person,
a post-removal meeting within four business days of the date of such
written notice.
(B)
Upon timely request, the director shall provide a meeting within
forty-eight hours of the request, unless the requesting party agrees
to a later date. The proceeding shall be informal, but oral and written
evidence may be given by both sides. The director shall give his or
her decision in writing to the requesting party within forty-eight
hours after such meeting. If the director finds that the removal was
proper, he or she shall notify the requesting party to pay any applicable
penalties and costs and recover the newsrack. If the director finds
that the removal was improper and that placement of the newsrack was
lawful, the director shall order that the newsrack be released and
reinstalled without charge.
(C)
If the owner of an unpermitted rack cannot be determined and the
rack does not contain the required identification, notice of the removal
shall not be required and the newsrack shall be treated as abandoned
property.
(Ord. 1680 § 4, 2006)
When the director determines that it is necessary to remove
a newsrack for the construction or installation of public improvements,
an order to comply may be issued for the purpose of suspending or
terminating the newsrack permit. The person who holds the permit for
the newsrack shall be entitled, on permittee's election, to either
a pro rata refund of fees or to a new permit, without additional fee,
in the original location or as close to the original location as the
standards set forth in this chapter allow. All other costs of relocating
the newsrack shall be borne by the owner.
(Ord. 1680 § 4, 2006)
(a)
No person shall exhibit, display, or cause to be displayed, harmful matter as such term is defined in Section 313 of the California Penal Code, as may be amended from time to time, in any newsrack located on a public sidewalk or public place unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view.
(b)
Any publication offered for sale or distribution in a newsrack placed
or maintained on a public sidewalk or public right-of-way shall not
be displayed or exhibited in a manner which exposes to public view,
from any public place, any of the following:
(1)
Any statement or word describing explicit sexual acts, sexual organs,
or excrement where such statements or words have as their purpose
or effect sexual arousal, gratification, or affront; or
(2)
Any picture or illustration of genitals, pubic hair, perineums, anuses,
or anal regions of any person where such picture or illustration has
as its purpose or effect sexual arousal, gratification, or affront;
or
(3)
Any picture or illustration depicting explicit sexual acts where
such picture or illustration has as its purpose or effect, sexual
arousal, gratification, or affront.
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For the purpose of this subsection, the term "explicit sexual
acts" means the depiction of sexual intercourse, oral copulation,
anal intercourse, oral anal copulations, bestiality, sadism, masochism,
or excretory functions in conjunction with sexual activity, masturbation
or lewd exhibition of the genitals, whether any of the above is depicted
or described as being performed alone or between members of the same
or opposite sex, or between humans and animals, or other act of sexual
arousal involving any physical contact with a person's genitals, pubic
region, pubic hair, perineum, anus or anal region.
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(Ord. 1680 § 4, 2006)
A nonconforming existing newsrack which does not conform to
the installation, location, or color standards contained in this chapter
shall be permitted to continue for a period of one hundred and twenty
days after the effective date of this chapter, provided that the newsrack
is used in a manner which is consistent with this chapter and the
owner of the newsrack applied for and maintains a valid permit and
business license. Any newsrack that does not conform to the installation,
location, or color standards within one hundred and twenty days after
the effective date of this chapter shall be converted or removed before
the one hundred and twenty-first day after the effective date of this
chapter, unless the owner: (a) demonstrates to the satisfaction of
the director that the owner has made a substantial, good faith effort
to bring all of the owner's newsracks into conformance with the provisions
of this chapter and (b) complies with a schedule of compliance approved
by the director. A nonconforming existing newsrack which does not
conform to the maintenance standards contained in this chapter shall
not be permitted to continue on or after the effective date of this
chapter. The director shall give written notice of nonconformance
to all of the owners of non conforming newsracks, to the extent that
the director has information identifying the owners of such newsracks.
Any nonconforming newsrack which remains after the dates specified
in this section shall be deemed a public nuisance and shall be abated
accordingly to the procedures provided in this code.
(Ord. 1680 § 4, 2006)
A permit issued under this chapter shall not substitute for any business license otherwise required under Palm Springs Municipal Code Section 3.48.010.
(Ord. 1680 § 4, 2006)
The director is authorized to adopt, implement, and enforce
reasonable standards and regulations consistent with the provisions
of this chapter and predicated upon street and pedestrian traffic
requirements, access to parking places and facilities, and to preserve
the public safety, health and welfare. This authority includes the
ability to promulgate additional standards for uniformity of design
and appearance of machines for which permits will be issued, in an
effort to minimize adverse aspects and other detriments to the public
interest.
(Ord. 1680 § 4, 2006)
Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter with respect to issuing, revoking or enforcement action under a permit under this chapter, only, may appeal such finding, determination, notice, action or failure pursuant to the appeal process specified in Chapter 11.72 of this code.
(Ord. 1680 § 4, 2006)
