Prior code history: prior code §§ 26-200—26-202 and 26-204—26-208.
The principal purpose and objective of this chapter is to provide for the administration and regulation of newsracks placed on the public rights-of-way. Newsracks are recognized as a means for public distribution and sale of periodicals and publications. As such, newsracks are frequently placed on the public rights-of-way to serve the convenience of the public. Without proper and orderly regulation, newsracks and their placement on the public rights-of-way would interfere with the health and safety of pedestrians and motorists using the rights-of-way, and adversely impact the appearance and aesthetics of the city streets. The provisions enumerated within this chapter shall apply to all newsracks placed on the public rights-of-way.
(Ord. 5278 § 1, 2001)
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:
"Newsrack"
means 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.
"Paseo"
means a public mid-block pedestrian right-of-way which may contain doors or openings from adjacent buildings. A paseo may provide limited service access during specific periods of the day. In addition, if it does not obstruct the flow of pedestrian traffic, portions of a paseo may also be used for outdoor dining, retail space, patios, art gardens, and related uses.
"Parkway"
means that area between the sidewalk and the curb or the paved edge of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" shall also include any area within a roadway which is not open to vehicular travel.
"Roadway"
means that portion of a street improved, designed, or ordinarily used for vehicular travel, excluding driveways.
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
"Street"
means all that area dedicated to public use for public right-of-way purposes and shall include, but not be limited to, roadways, parkways, alleys, paseos and sidewalks.
(Ord. 5278 § 1, 2001; Ord. 5785, § 3, 10-30-2012)
A. 
The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions of the ordinances codified in this chapter. Those newsracks installed prior to the effective date of any provision enacted by the ordinance codified in this chapter shall be brought into compliance with such provisions within 30 days of the effective date of the ordinance codified in this chapter.
B. 
Any newsrack not brought into compliance within the time period set forth in subsection A of this section shall be deemed to be in violation of this chapter.
(Ord. 5278 § 1, 2001)
A. 
No person shall install or maintain any newsrack which in whole or in part rests upon, on or over any public right-of-way without first registering each newsrack with the director of community development. This registration requirement shall be deemed fulfilled upon receipt of the registration fee by the director of community development and a registration form which must contain the following information:
1. 
The applicant's name, address and telephone number;
2. 
The exact location of each newsrack to be installed or maintained in the city, identified by the nearest assigned street address and submitted by each applicant;
3. 
Proof of judicial decree at the time of registration, if the publication is to be considered established as a newspaper of general circulation, pursuant to Title 1, Division 7, Chapter 1 of the California Government Code.
B. 
Every person or other entity submitting a registration application for a newsrack on a public right-of-way in the city shall also file a written statement with the director of community development satisfactory to the city attorney whereby he, she or it agrees to indemnify and hold harmless the city, its officers, agents and employees, from any loss, liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of a newsrack within the city. This written statement in which the applicant agrees to hold harmless and indemnify the city for any newsrack(s) to be installed or maintained over any public right-of-way shall be submitted upon the initial registration of each newsrack in accordance with section 12.36.040, and shall be updated and resubmitted to the director of community development, or his or her designee, on an annual basis.
C. 
At the time of registration and annually thereafter, the applicant shall pay to the city a registration fee for each newsrack, as established by city council to cover the cost of processing the registration and administering these regulations, and as enumerated in section 12.36.050. Such fees are nonrefundable.
D. 
In the event of a change in the ownership of a newsrack or a change of publication, the new owner shall, within 72 hours, notify in writing the director of community development of the change and provide the name, address and phone number of the new owner(s) and/or publication.
E. 
From the above registration information and following the review and approval of the designated location(s) by the director of public works, the director of community development shall approve and/or designate locations. The director of community development shall be guided therein solely by the standards and criteria set forth in sections 12.36.060 and 12.36.070. Such application may be granted either in whole or in part when more than one location is proposed by the applicant. In any event, when denial is solely as to location, it shall be without prejudice to amend such application to state a different location or locations.
F. 
Once an application has been approved and a location has been assigned by the director of community development, each newsrack shall be permitted to remain at the assigned location as long as each newsrack is in compliance with the standards set forth in sections 12.36.060 and 12.36.070. In the event that the owner wishes to relocate the newsrack to another location, the owner must submit a new application for the proposed location. If approved, the director of community development will designate the new location of the newsrack in accordance with the applicable standards set forth in sections 12.36.040, 12.36.060 and 12.36.070. The applicant shall notify the director of community development of the removal of any registered newsrack from an approved location.
G. 
Each registered newsrack placed or maintained on the streets of the city shall be identified with an annual registration label, provided by the city, and affixed thereto in a place where it may be easily seen.
H. 
If a registered newsrack has been absent from its approved location for 30 calendar days or more, the space and registration fee shall be forfeited, provided the director of community development or his or her designee shall have notified the owner of the newsrack at the owner's last known address with a notice of intention to cancel the registration if the newsrack is not replaced within 10 days.
(Ord. 5278 § 1, 2001; Ord. 5496 § 1, 2005; Ord. 5803 § 25, 2013)
The city council may adopt, by resolution, a newsrack permit fee schedule, setting forth registration fees, annual newsrack fees, abatement and storage fees, and any other fees necessary for the implementation of this chapter.
(Ord. 5278 § 1, 2001)
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards:
A. 
No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway of any public street.
B. 
No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for lawfully permitted sidewalk dining, or when such site or location is used for public utility purposes, public transportation purposes, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or restricts the use of poles, posts, traffic signs or signals, utility access vaults, manholes, hydrants, mailboxes or other objects permitted at or near such location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
C. 
A registered newsrack shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the streetside edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the same right-of-way opposite another newsrack.
D. 
Unless placed in a support structure provided by the city, no newsrack shall be bolted or permanently affixed to the public right-of-way. No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object, nor shall any newsrack be chained or attached to objects including, but not limited to, bricks, rocks, cinder blocks, pipes, stationary concrete or metal support bases or encasements or other such objects.
E. 
Notwithstanding the provisions of subsections A. and B. of this section, no newsrack shall be placed, installed, used or maintained:
1. 
Within five feet of any marked crosswalk;
2. 
Within 10 feet of the curb return of any unmarked crosswalk;
3. 
Within five feet of any fire hydrant, emergency call box or other emergency facility;
4. 
Within five feet of any driveway, excluding the driveway aprons;
5. 
Within five feet ahead of, and 25 feet to the rear of any sign marking a designated bus stop, unless located within a bus shelter designated by the city and designed to accommodate newsracks;
6. 
Within six feet of any bus bench, unless located within a bus shelter designated by the city and designed to accommodate newsracks;
7. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
8. 
Within three feet of any area improved with lawn, flowers, shrubs or trees;
9. 
Directly in front of any display window of any building abutting the right-of-way;
10. 
At any location whereby the newsrack obstructs motorists' view of regulatory or advisory traffic and parking signs or at any other location whereby the newsrack obstructs motorists' view of pedestrians; or
11. 
Within 50 feet of any other newsrack containing the same publication except where there are less than eight newsracks in any approved location. In the event that an owner or distributor of an individual/nonduplicate publication wants to place a newsrack at a location where there exists more than one newsrack containing the same publication, the individual/nonduplicate publication shall have priority over the duplicate newsrack of any other publication pursuant to the priority provisions of this chapter.
F. 
No more than eight newsracks shall be located on any public right-of-way within a space of 200 feet in any direction within the same block, except at or around any intersection, where the distance separating two successive newsrack groupings shall not be less than 50 feet; provided, however, that no more than 16 newsracks shall be allowed on any one block. As used in this section, "block" shall mean one side of a street between two consecutive intersecting streets.
1. 
In determining which newsracks shall be permitted to be placed at a specific location whenever more than eight newsracks are proposed for any one permitted location or more than 16 newsracks are proposed for any one block, the director of community development shall be guided solely by the following criteria:
a. 
First priority shall be given to newsracks used for the sale of publications which have established standing as newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Title 1, Division 7, Chapter 1 of the California Government Code. Within this category:
i. 
First priority shall be given to daily publications (published five or more days per week);
ii. 
Second priority shall be given to publications published two to four days per week;
iii. 
Third priority shall be given to publications published one day per week;
iv. 
Fourth priority shall be given to publications published bimonthly; and
v. 
Fifth priority shall be given to publications published monthly.
b. 
Second priority shall be given to newsracks used for the sale of publications which have not established standing as newspapers of general circulation for Los Angeles County. Within this category:
i. 
First priority shall be given to daily publications (published five or more days per week);
ii. 
Second priority shall be given to publications published two to four days per week;
iii. 
Third priority shall be given to publications published one day per week;
iv. 
Fourth priority shall be given to publications published bimonthly; and
v. 
Fifth priority shall be given to publications published monthly.
2. 
In the event that there is a conflict between newspapers within the same priority seeking the same location, 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, then the director of community development shall assign the space or spaces at random by lot by drawing, one by one, the names of those applicants applying for the remaining spaces until the remaining spaces at that location have been filled. Such drawing shall be open to the public at a time and date designated by the director of community development.
G. 
In the event that an approved newsrack must be relocated due to public right-of-way remodeling or construction:
1. 
The director of community development will notify the owner of the newsrack in writing of the intent to temporarily or permanently remove or relocate a registered newsrack no less than 30 calendar days prior to the proposed removal/relocation date and shall state the date of proposed removal/relocation and procedure for obtaining a preremoval hearing before the director of community development, if desired.
2. 
Any newsrack which is designated to be removed or relocated and still remains past the 30-day period stated on the written notice, for which no hearing has been requested, shall be removed by the director of community development or the directors designate and stored in a secured location. The director of community development or his or her designee shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons therefor, the location and the procedure for claiming the newsrack. The owner may claim such newsrack within 30 days after the mailing of the written notice of removal and upon payment of any fees due. Any unclaimed newsrack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of chapter 2.100
H. 
In the event of an imminent danger or risk to the health or safety of the public or similar exigency which calls for immediate action requiring removal or relocation of a registered newsrack, the director of community development will notify the owner of the newsracks by mail at the owner's last known address within 10 days after the removal. The owner may claim such newsrack within 30 days after the mailing of the written notice and upon payment of any fees due. Any unclaimed newsrack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of chapter 2.100
(Ord. 5278 § 1, 2001; Ord. 5496 § 2, 2005; Ord. 5803 § 26, 2013)
Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with the following standards:
A. 
No newsrack shall exceed 48 inches in height, 30 inches in width, and 24 inches in thickness.
B. 
All newsracks shall be constructed of metal. Newsracks constructed of plastic are prohibited.
C. 
No more than three newsracks may be attached to one another, except in support structures provided by the city. Attaching the newsracks together with chains, cables, nonremovable bolts or other devices shall be prohibited. All newsracks, whether single or grouped except those in support structures provided by the city, shall be capable of standing alone, without relying on adjacent newsracks or structures for support.
D. 
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 news periodicals sold therein. Permitted locations for signs of such periodicals shall be the front and back panels below the window displays. Signs placed atop the newsrack are prohibited.
E. 
Each newsrack shall be maintained in a clean and neat condition and in good repair at all times. The newsrack shall be maintained at all times in good working order, free of graffiti, graffiti-related decals, extraneous markings, grime and rust, and faded, chipping or peeling paint. The Plexiglas view windows shall be clear, not yellowed, scratched, damaged or cracked.
F. 
Any material which is displayed or exhibited in any newsrack in a public place shall comply with Section 313 of the California Penal Code as currently in effect and as may be amended.
(Ord. 5278 § 1, 2001; Ord. 5496 § 3, 2005)
A. 
Notwithstanding the provisions of sections 12.36.060 and 12.36.070, newsracks on public side-walks, parkways, rights-of-way, and streets in the area of Brand Boulevard bordered on the north by Glenoaks Boulevard and on the south by Colorado Street, and on Central Avenue bordered on the north by Sanchez Drive and on the south by Lexington Drive, and on Maryland Avenue bordered on the north by Wilson Avenue and on the south by Howard Street, and on Broadway bordered on the west by Central Avenue and on the east by Glendale Boulevard, must be installed and maintained only within the specially constructed newsrack display support structures that are available and only in the number, manner and at such locations as provided in this section:
1. 
Newsracks shall conform to the dimensions of the city-provided structures.
2. 
The number of newsracks allowed to be placed atop city-provided support structures will depend upon the size and design of the structure and shall accommodate no less than six newsracks.
3. 
Such newsracks shall be located only at those locations designated on the list kept on file and available for reference by the public at the office of the director of community development.
4. 
Such newspaper dispensers shall be installed on support structures within approved newsrack display facilities provided by the city.
5. 
Newspaper dispensers shall be provided by the distributor at the distributor's own expense.
B. 
Notwithstanding the provisions of sections 12.36.060 and 12.36.070, newsracks on public side-walks, parkways, rights-of-way, and streets in that area of Honolulu Avenue bordered on the east by Montrose Avenue and on the west by Las Palmas, must be installed and maintained only within the designated newsrack placement locations, as identified on the list of approved locations kept on file and available for reference by the public at the office of community development.
1. 
Newspaper dispensers shall comply with section 12.36.060, standards for placement and installation, and section 12.36.070, standards for maintenance and operation.
2. 
A maximum of eight freestanding newsracks shall be permitted at each referenced location.
(Ord. 5278 § 1, 2001; Ord. 5496 § 4, 2005; Ord. 5803 § 27, 2013)
A. 
Any newsrack installed, used or maintained in violation of the provisions of this chapter shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the newsrack if the violation is not corrected within 10 days, and procedure for obtaining a preremoval hearing before the director of community development, if desired.
B. 
Notwithstanding subsection A. of this section, in the case of violations of this chapter relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects including, but not limited to, the public right-of-way, or to each other, the director of community development or his or her designee may, as an alternative to tagging such newsrack, move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.
C. 
Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the ten-day correction period, for which no hearing has been requested, shall be removed by the director of community development or the director's designate and stored in a secured location. The director of community development or his or her designee shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a postremoval hearing before the director of community development, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of any fees due. Upon failure of the owner to claim such newsrack and pay the reasonable charges within 30 days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of chapter 2.100
D. 
Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, such newsrack may be summarily removed and stored in a secured location so as to eliminate the danger to the health, safety and welfare of the public. The director of community development or his or her designee shall notify the owner thereof by mailing a notice of removal to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a postremoval hearing before the director of community development, if desired. Any such newsrack removed and stored pursuant to this subsection shall be released to the owner thereof if claimed within 30 days after the mailing of written notice of removal and upon the payment of abatement and storage fees. Upon failure of the owner to claim such newsrack and pay the reasonable charges within 30 days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of chapter 2.100
E. 
In the event that the curb, sidewalk or any other improvements in place within the public right-of-way is damaged due to the installation, placement, maintenance or use of a newsrack, the director of community development shall notify the owner in writing of the damage and the nature and extent of repairs that will be required. If the required repairs are not made within 30 calendar days to the satisfaction of the director of public works after the mailing of the notice ordering the repairs by the director of community development, the director of public works may order the repairs made and bill the owner of the newsrack for the cost therefor. If the bill is not paid within a period of 60 days, or arrangements made satisfactory to the director of public works, the cost of the repairs, plus the cost of collection, may be recovered by civil action in the courts.
(Ord. 5278 § 1, 2001; Ord. 5496 § 5, 2005; Ord. 5803 § 28, 2013)
Notwithstanding the provisions of Chapter 1.20, whenever in this chapter, any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor, and any person convicted of such misdemeanor shall be punished by a fine not exceeding $200.
(Ord. 5278 § 1, 2001; Ord. 5496 § 6, 2005)