A.
The city council makes the following findings:
1.
The uncontrolled placement and maintenance of newsracks in public rights-of-way present an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
2.
Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein, constitute public nuisances.
3.
It is a matter of public necessity that the city protect minors and unconsenting adults in and on its public streets, sidewalks and other public rights-of-way from viewing public displays of words and pictorial material describing and depicting explicit sexual conduct, which are thrust indiscriminately upon unwilling audiences of adults and minors and constitute assaults upon individual privacy. Additionally, it is a matter of public necessity that the city protect minors from materials which are harmful to their psychological or physical well being.
4.
Although California Penal Code Section 313.1 makes the knowing sale, distribution or display of harmful matter to minors a criminal offense, Penal Code Section 313.1(d) explicitly authorizes the city to adopt an ordinance restricting the display of material that is harmful to minors in a public place, other than a public place from which minors are excluded, by requiring the placement of devices known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.
5.
These factors constitute an unreasonable interference with, and obstruction of, the use of public rights-of-way, constitute an unwarranted invasion of individual privacy, are injurious to public health, safety and welfare, offensive to the senses, and constitute such an obstruction of the free use of property as to interfere in the comfortable enjoyment of life and property by the entire community.
6.
The city council recognizes, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and publications that access to those areas for such purposes should not be absolutely denied. The city council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter which is designed to accommodate such interests regulating the time, place and manner of using such newsracks.
B.
The purpose of the city council in enacting this chapter is to secure and promote the public health, safety, and welfare of persons in the city in their use of public rights-of-way through the regulation of placement, appearance, number, size, and servicing of newsracks on the public rights-of-way so as to:
1.
Provide for pedestrian and driving safety and convenience;
2.
Restrict the unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress to, or egress from, any place of business, the street to the sidewalk, or any legally parked or stopped vehicle;
3.
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes, and similar appurtenances, and access to locations used for public transportation purposes;
4.
Eliminate newsracks which may result in a visual blight on the public rights-of-way or which may unreasonably detract from the aesthetics of surrounding properties, adjacent businesses, store window displays, adjacent landscaping and other improvements, and residential communities;
5.
Maintain and protect the values of surrounding properties;
6.
Reduce exposure of the city to personal injury or property damage claims and litigation; and
7.
Protect the right to distribute newspapers and periodicals through newsracks as protected by the United States and California Constitutions.
C.
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 material that is constitutionally protected.
(Ord. 617 § 2, 2003)