(a)
The uncontrolled placement of newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using
such right-of-way, including pedestrians, persons entering and leaving
vehicles and buildings, and persons performing essential utility,
traffic control, and emergency services.
(b)
Newsracks located as to cause an inconvenience or danger to persons
using public right-of-way, and unsightly newsracks located therein,
constitute public nuisances.
(c)
The uncontrolled proliferation of newsracks detracts from the appearance
of streets, sidewalks, and adjacent businesses.
(d)
The uncontrolled placement of newsracks may inhibit safe entry and
departure of vehicles.
(e)
The uncontrolled placement of newsracks impairs the vision and distracts
the attention of motorists and pedestrians, particularly small children
and may cause injury to the person or property of such persons.
(f)
The placement of newsracks without a permit based on the detailed
findings in public rights-of-way adjacent to residential areas, detracts
from and reduces neighborhood aesthetics and increases the exposure
of residents to noise, traffic volume and hazards and congestion.
(g)
This chapter is enacted in pursuance of and for the purpose of securing
and promoting the public safety and general welfare of persons in
the City of Escondido in their use of public rights-of-way.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Whenever the following words and phrases are used in this chapter,
they shall have the meaning ascribed to them in this section:
shall mean the person responsible for placing and maintaining
a newsrack in a public right-of-way.
shall mean any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for
the display, sale, or distribution of publications.
shall mean the area between the sidewalk and the curb of
the roadway, and where there is no sidewalk, that area between the
edge of the traveled roadway and the edge of a public right-of-way.
Parkway also includes any area within a roadway that is not open to
vehicular travel.
shall mean any place of any nature which is dedicated to
use by the public for pedestrian and vehicular travel, and includes,
but is not limited to, a street, sidewalk, curb, gutter, crossing,
intersection, parkway, highway, alley, lane, mall, court, way, avenue,
boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare,
park square, and other similar public way.
shall mean that part of a public right-of-way that is designated
and used primarily for vehicular travel.
shall mean that part of a public right-of-way that is designated
and ordinarily used for pedestrian travel.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
No person shall knowingly place, install, use or maintain any
newsrack which rests in whole or in part upon, in, or on any portion
of a public right-of-way or that projects onto, into, or over any
part of a public right-of-way except in compliance with the provisions
of this chapter.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale, or purchase
of the newspaper or other publication sold therein.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Any newsrack which rests in whole or in part upon, in or on
any portion of a public right-of-way or which projects onto, into
or over any part of a public right-of-way shall comply with the standards
set forth in this section.
(a)
No newsrack shall exceed 50 inches in height, 27 inches in width,
or 20 inches in thickness.
(b)
No advertising signs or material, other than those dealing with the
name of the publication contained within the newsrack, shall be displayed
on the outside of the newsrack.
(c)
Each newsrack shall be equipped with a coin-return mechanism to permit
a person using the machine to secure an immediate refund in the event
he is unable to receive the publication paid for. The coin return
mechanisms shall be maintained in good working order. Newsracks dispensing
free publications are exempt from this section.
(d)
Each newsrack shall have affixed to it in a readily visible place
so as to be seen by anyone using the newsrack a notice setting forth
the name and address of the distributor and the telephone number of
a working telephone service to call to report a malfunction, or to
secure a refund in the event of a malfunction of the coin-return mechanism,
or to give the notices provided for in this chapter.
(e)
Each newsrack shall be maintained in a neat and clean condition and
in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each newsrack shall be serviced and maintained
so that:
(1)
It is reasonably free of dirt and grease;
(2)
It is reasonably free of chipped, faded, peeling and cracked paint
in the visible painted areas thereof;
(3)
It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereof;
(4)
The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
(5)
The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading; and
(6)
The structural parts thereof are not broken or unduly misshapen.
(f)
Newsracks lawfully in existence on January 1, 1993 shall be allowed
to remain in the same location, provided they are not determined to
be a public nuisance or dangerous to the public safety or general
welfare, for a period of one year following adoption of the ordinance
codified in this chapter. In order to benefit from this subsection,
a distributor must report the number and location of all newsracks
existing on January 1, 1993 to the engineering department within 60
days of the effective date of the ordinance codified in this chapter
which shall compile an inventory of such existing newsracks. Such
inventory list shall be conclusive as to the location and existence
of such newsracks. Thereafter, all such newsracks shall be required
to comply with all provisions of this chapter.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Any newsrack which rests in whole or in part upon, in, or on
any portion of public right-of-way or which projects onto, into or
over any part of a public right-of-way shall be located in accordance
with the provisions of this section:
(a)
No newsrack shall be located in whole or in part in any roadway.
(b)
Newsracks shall be located only near the curb (or, if there is no
curb, the edge of the roadway) or the wall of a building. Newsracks
located near the curb shall be located no less than 18 inches nor
more than 24 inches from the roadway edge of the curb. Newsracks located
adjacent to a building shall be located parallel to and not more than
six inches from the wall thereof. No newsrack shall be located directly
in front of any display window of any building abutting a sidewalk
or parkway, except near the curb, without the written consent of the
person or entity legally in occupancy or otherwise in control of the
premises on which the display window is located. If such consent is
withdrawn, any newsrack placed in front of a display window shall
be removed within 14 days of the date of written notice from the city
to the owner of such newsrack. No newsrack shall be located on the
sidewalk or parkway directly opposite a newsstand or another newsrack.
(c)
Newsracks shall be bolted to the sidewalk or concrete slab.
(d)
Newsracks may be placed next to each other, provided that no cluster
of newsracks shall exceed a distance of more than 10 feet.
(e)
No newsrack shall be placed, installed, used or maintained:
(1)
Within a 25 foot sight triangle created by measuring along the curb
beginning at the curb return to form a triangle free of any obstructions
in excess of 30 inches in height in accordance with city engineering
standard design criteria for sight distance for streets;
(2)
Within five feet of any fire hydrant, fire call box, police call
box or other emergency facility;
(3)
Within five feet of the outer end of any bus bench;
(4)
Within three feet ahead or 15 feet to the rear of any sign marking
a designated bus stop;
(5)
At any location whereby the clear space of the passageway of pedestrians
is reduced to less than four feet;
(6)
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping;
(7)
Within 20 feet of any other cluster of newsracks whether or not containing
the same issue or edition of the same publication;
(8)
Within five feet of a curb painted blue, pursuant to the provisions
of California Vehicle Code Section 21458;
(9)
Within five feet of the curb return of any unmarked crosswalk;
(10)
Where placement unreasonably interferes with the use of utility poles,
traffic signs or signals, mailboxes and mechanical sidewalk cleaning
machinery.
(11)
Within five feet of any driveway; or
(12)
Where placement unreasonably obstructs, interferes with or impedes
access to or the use of abutting property, including, but not limited
to, residences, places of business, or legally parked or stopped vehicles.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
(a)
Any person who desires to install or place a newsrack within the
public right-of-way must first obtain an encroachment permit. No fee
will be charged for the permit.
(b)
Notwithstanding any other provision of this chapter, newsracks shall
be permitted in the public right-of-way of a public street adjoining
land zoned for residential use only if the street is a prime or major
arterial as shown in the circulation element of the general plan.
If no prime or major arterial is located within one-half mile of a
residential neighborhood, the distributor may petition the city engineer
for a right-of-way permit.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Upon a determination by the city engineer that a newsrack has
been installed, used or maintained in violation of any of the provisions
of this chapter, he shall cause an order to be issued to the distributor
to correct the offending condition. The order shall be telephoned
to the distributor and confirmed by mailing a copy of the order by
certified mail, return receipt requested to the distributor. The order
shall specifically described the offending condition and specify actions
necessary to correct it. If the distributor fails to correct properly
the offending condition within five days (excluding Saturdays, Sundays,
and other legal holidays) after receipt of the order, or file an appeal
as permitted under section 17-298, the city engineer shall cause the
offending newsrack to be summarily removed and processed as unclaimed
property under applicable provisions of law relating thereto. If the
distributor of the offending newsrack cannot be identified, the newsrack
shall be removed immediately and processed as unclaimed property under
applicable provision of law. The foregoing provisions are not exclusive,
and are in addition to any other penalty or remedy provided by law.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Any person or entity aggrieved by a finding, determination,
notice, order or action taken under the provisions of this chapter
may appeal and shall be advised of his or her right to appeal to the
city manager. An appeal must be perfected within 10 working days after
receipt of the notice of any decision or action by filing with the
city engineer a letter of appeal briefly stating therein the basis
for such appeal. The hearing shall be held on a date no more than
10 days after receipt of the letter of appeal. Appellant shall be
given at least five days notice of the time and place of the hearing.
The city manager shall give the appellant and any other interested
party the reasonable opportunity to be heard, in order to show cause
why the determination of the city engineer should not be upheld. Within
five days of the hearing the city manager shall make a written decision.
His decision may be appealed to the council by filing a written notice
of appeal with the city clerk within 10 calendar days of the date
of the decision of the city manager. Fees for filing an appeal shall
be set by resolution of the council.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
In the case of minor violations of this chapter than can be
corrected on the spot, any city employee, as an alternative to removal
of the newsrack is authorized to correct the violation summarily.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Any newsrack, or any publication offered for sale or distribution,
in violation of this chapter shall constitute a public nuisance, and
may be abated in accordance with applicable provisions of law.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
In the event a newsrack remains empty for a period of 30 continuous
days, the same shall be deemed abandoned, and may be treated in the
manner provided in Section 17-297 for newsracks in violation of the
provisions of this chapter.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
Any person or corporation who violates any of the provisions
of this chapter is guilty of an infraction except for the fourth or
each additional violation of a provision within one year which shall
be a misdemeanor. Penalties for a violation of this chapter shall
be as designated in Section 1-17.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
If any section, subsection, sentence, clause, phrase or part
of this chapter is for any reason held to be invalid or unconstitutional
by the final decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining parts of this
chapter. The council declares that it would have adopted this chapter
and each section, subsection, sentence, clause, phrase or part thereof
irrespective of the fact that any one or more sections, subsections,
clauses, phrases, or parts be declared invalid or unconstitutional.
(Ord. No. 93-3, § 1, 2-3-93; Ord. No. 95-7, § 8, 6-14-95)
