No person, whether as a principal or agent, clerk or employee,
either for him or herself or any other person or as an officer of
any corporation, or otherwise, shall place or maintain a newsrack
on or projecting onto a highway unless and until a newsrack permit
has been obtained from the City Manager.
(Prior code § 8-7.1)
Only one permit required. Upon proper application on forms provided
by the City Manager, the City Manager or designee shall issue the
applicant a newsrack permit. Notwithstanding any other provision of
the Bellflower Municipal Code, the City Manager may not refuse to
issue a newsrack permit properly applied for. One permit shall permit
the placement and maintenance of any number of newsracks on the highway
in accordance with the provisions of the Bellflower Municipal Code.
(Prior code § 8-7.2)
No fee is required for the issuance of a newsrack permit. Except
as otherwise provided by applicable law, all permit fees applicable
to this chapter will be established by City Council resolution. Such
charges will be determined by the department and be based on the actual
cost incurred by the City in providing services. Such service charges
will include, without limitation, charges for labor, supervision,
overhead, administration and the use of any and all City equipment,
and supplies.
(Prior code § 8-7.3; Ord. 1336 § 18, 5/8/17)
A newsrack permit shall be renewable annually.
(Prior code § 8-7.4)
Every newsrack permittee shall permanently affix to each newsrack
placed or maintained on or projecting over any portion of the highway;
A.
The
permittee's name, address, and telephone number as required by Business
and Professions Code Section 17570; and
B.
The
permittee's permit number.
(Prior code § 8-7.5)
Each newsrack shall be maintained in a clean, neat and attractive
condition and in good repair at all times.
(Prior code § 8-7.5A)
As used in this chapter:
shall mean a section of the Bellflower Municipal Code, unless
some other code or statute is specifically stated.
shall mean the City Manager of the City of Bellflower.
shall mean that portion of the road right-of-way between
the property line and curb, or between the property line and the pavement
if no curb exists, where vehicles enter or leave the highway onto
adjacent property.
shall mean and includes any obstruction, tower, pole, pole
line, pipe, fence, wire, cable, conduit, stand or building, or any
structure or object of any kind or character not particularly mentioned
in the Bellflower Municipal Code which is placed in, along, under,
over or across the highway. This section does not apply to the temporary
use of the highway for ordinary maintenance of any existing authorized
or permitted encroachment; nor to the suspension or stringing on existing
pole lines of additional cables, wires, transmission lines, conduits
or service connections solely for telephone or electric power purposes.
shall mean that dimension measured from the level surface
upon which the vehicle stands to the highest protrusion in a vertical
line.
shall mean any public highway, public street, public way
or public place in the incorporated territory of the City, either
owned by the City or dedicated to the public for the purpose of travel.
The term includes all or any part of the entire width of right-of-way
and above and below the same, whether or not such entire area is actually
used for highway purposes.
Within 30 to 60 days after the amending ordinance codified
in this chapter becomes effective, every person or other entity which
places or maintains a newsrack on the streets of Bellflower shall
have his/her or its name, address and telephone number affixed thereto
in a place where such information may be easily seen.
shall mean any self-service or coin-operated box, container,
storage unit or other dispenser installed, used or maintained for
the display and sale of newspapers or news periodicals.
shall mean any person as defined by the Bellflower Municipal
Code other than duly authorized agents of the City of Bellflower and
includes the United States and this State.
shall mean that portion of highway improved, designed or
ordinarily used for vehicular travel.
shall mean all the area dedicated to public use for public
street purposes and shall include, but not be limited to roadways,
parkways and alleys.
shall mean the State of California Vehicle Code in effect
at the time of issuance of the permit.
(Prior code § 8-7.6)
No person shall place or maintain any newsracks on any portion
of, or projecting onto, into or over any portion of the highway on
which vehicles are lawfully permitted.
(Prior code § 8-7.7)
A.
No
newsrack shall be placed, installed, used or maintained in the following
locations.
1.
Within
three feet of any marked crosswalk;
2.
Within
15 feet of the curb return of any unmarked crosswalk;
3.
Within
three feet of any fire hydrant, fire callbox or other emergency facility;
4.
Within
three feet of any driveway;
5.
Within
three feet ahead of, and 15 feet to the rear of any sign or pavement
markings marking a designated bus stop, measured parallel to the flow
of traffic;
6.
Within
three feet of any bus bench;
7.
At
any location where the newsrack causes, creates or constitutes a traffic
hazard;
8.
At
any location where the newsrack unreasonably obstructs or interferes
with access to, or the use and enjoyment of abutting property;
9.
Where
the newsrack will endanger persons or property;
10.
Where the newsrack will unreasonably interfere with or obstruct the
flow of pedestrian or vehicular traffic on the highway;
11.
At any location whereby the clear space for the passage of pedestrians
is reduced to less than three feet;
12.
Within three feet of any area improved with lawn, flowers, shrubs
or trees;
13.
In any manner so as to obstruct or impede access to sidewalk of a
person going to or from an automobile.
B.
No
newsrack shall exceed four feet in height, 30 inches in width or two
feet in thickness.
C.
The City Manager or designate may make such changes or additions in any application for a newsrack permit as in his/her opinion are necessary for the protection of the highway, for the prevention of undue interference with vehicular or pedestrian traffic, and for the safety of persons using such highways as these conditions specifically relate to Subsection (A)(7) through all of this section. Hearing and appeals procedures provided in Sections 12.24.140 and 12.24.150 apply to all such application changes or additions.
(Prior code § 8-7.8)
Publications offered for sale from newsracks placed or maintained
on or projecting over the highway shall not be displayed or exhibited
in a manner which exposes to public view from the highway any of the
following:
A.
Any
statements or words describing explicit sexual acts, sexual organs,
or excrement where such statements or words have as their purpose
of effect sexual arousal, gratification or affront;
B.
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;
C.
Any
picture or illustration depicting explicit sexual acts where such
picture or illustration has as its purpose or effect sexual arousal,
gratification or affront.
(Prior code § 8-7.9)
as used in Section 12.24.100 shall mean depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals; or other acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.
(Prior code § 8-7.10)
A.
The
Sheriff or the City Manager or their designates:
1.
May immediately correct any violation of Section 12.24.090 and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense;
2.
May, notwithstanding any other provisions of the Bellflower Municipal Code immediately remove and impound any newsrack located or placed in violation if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense. Notice of such action and the right to request a hearing in accordance with Section 12.24.140 shall be mailed to the permittee, or person, if known, maintaining such newsrack, within five working days after such action;
3.
May
notify the permittee, or person, if known, maintaining a newsrack
found in violation of the Bellflower Municipal Code either in person,
by telephone or by mail, in their discretion, and/or by affixing a
notice to the newsrack, that unless the violation is corrected or
a hearing requested, within two working days if the notice is in person
or by telephone, within five working days if the notice is by mail,
or within seven working days if the notice is by affixing a notice
of the newsrack, of the date of the notice, the newsrack will be impounded.
4.
May
impound any newsrack in accordance with the decision of any hearing
requested pursuant to the applicable sections of Bellflower Municipal
Code.
B.
If
a hearing on the impounding of the newsrack is not timely requested
or if the newsrack is not returned in accordance with the provisions
of the Bellflower Municipal Code, the Sheriff or the City Manager
or their designates may sell or otherwise dispose of the newsrack,
and its contents, and deposit the proceeds, if any, from any such
sale or other disposition, and any moneys contained in said news-rack,
in the city treasury.
(Prior code § 8-7.11)
A.
Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee, or if there is no known permittee a claimant who provides sufficient proof of ownership of an impounded newsrack may, at any time up to and including the thirtieth day after the impounding, and if a hearing pursuant to Section 12.24.140 is held concerning the newsrack, may, at any time up to and including the thirtieth day after the decision at such hearing becomes final, obtain a return of the news-rack and its contents, upon paying an impound fee of $25 plus the reasonable additional cost, if any, of impounding the newsrack in excess of $25.
B.
The City Manager or designate may, after a hearing pursuant to Section 12.24.140, order the newsrack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.
C.
A court
before whom criminal charges concerning an impounded newsrack are
pending, may, upon dismissal of the charges or a finding of acquittal,
in its discretion order an impounded newsrack returned without payment
of an impound fee or the return of the impound fee paid.
(Prior code § 8-7.12)
A.
Request
for Hearing. Any permittee or person maintaining a newsrack found
in violation of the Bellflower Municipal Code may, at any time within
30 days of the alleged violation, request in writing a hearing before
the City Manager or designate.
B.
Stay
Pending Decision. A timely request for a hearing made prior to any
impoundings shall operate to stay any impounding until five working
days after the decision is rendered, unless further stayed pending
any appeal therefrom.
C.
Conduct
of Hearing. A hearing shall be held, unless continued by agreement,
within five working days of the request for a hearing. At the hearing,
any person may present evidence or argument as to whether the newsrack
was in violation of the Bellflower Municipal Code and whether the
newsrack should be returned without payment of impound fee.
D.
Decision.
A decision shall be rendered within five working days after the close
of the hearing.
E.
Notice
of Decision. The City Manager or designate may give oral notice of
the decision at the close of the hearing or may send notice of the
decision by mail.
(Prior code § 8-7.13)
A.
Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to Section 12.24.140, appeal such decision to the City Council of the City of Bellflower.
B.
Contents
of Appeal. The appeal shall be in writing, shall state the legal and
factual basis upon which the appeal is to be based, and shall be filed
with the City Manager or his/her designate, who shall forthwith forward
the appeal, together with a copy of the decision, to the City Clerk.
C.
Stay
Pending Appeal. A timely appeal of the decision shall operate to stay
any impounding pending action taken on the appeal by the City Council
pursuant to this chapter.
D.
Action
by City Council. Upon receipt of the appeal and decision, and as soon
as practical, the City Council may take any one of the following actions:
1.
Grant
a stay of the decision of any impounding pending further consideration
by the City Council;
2.
Approve
the decision and order;
3.
Refer
the matter back to the City Manager with or without instructions;
4.
Set
the matter for a public hearing before itself. Such public hearing
shall be held de novo as if no hearing previously had been held.
E.
Stay
Pending Action by City Council. Action taken by the City Council pursuant
to this chapter shall operate to stay the decision or any impounding
pending final resolution of the issue of whether the newsrack was
in violation of the Bellflower Municipal Code or whether the newsrack
should be returned without payment of an impound fee.
F.
Effective
Date of City Council Action. Action taken by the City Council on appeals
pursuant to this chapter shall be effective two working days after
said action is taken.
(Prior code § 8-7.14)
The provisions of the Bellflower Municipal Code shall not limit
any other remedies authorized by law.
(Prior code § 8-7.16)
A.
Newsracks
which contain material which meets State law definition of "harmful
matter" shall utilize blinder racks to obliterate the lower 2/3 of
the material so that it is not exposed to view, when such newsracks
are located in public places which do not exclude minors.
B.
"Harmful
matter," as defined in Section 313 of the Penal Code of the State
of California, shall mean matter taken as a whole, the predominant
appeal of which to the average person, applying contemporary statewide
standards, is to prurient interest, meaning shameful or morbid interest
in nudity, sex or excretion, and is patently offensive to the prevailing
standards in the adult community as a whole with respect to what is
suitable material for minors, and lacks significant literary, artistic,
political, educational or scientific value for minors.
(Prior code § 8-7.17)
