For the purpose of this chapter, unless the context clearly
requires otherwise, the words and phrases used herein shall have the
following meanings:
“Combination dispenser”
means a common structure housing two or more newsracks, and
is subject to the same standards and regulations as a newsrack unless
otherwise stated in this chapter.
“Director”
means the director of public works or his or her designee.
“Distributor”
means the person responsible for placing and maintaining
a newsrack in a public right-of-way, or the person responsible for
placing a publication in a newsrack bank space.
“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 other news periodicals or publication, that
rests or projects, in whole or in part, in or upon any portion of
the public right-of-way, and which is not a newsrack bank.
“Newsrack bank”
means a city-installed fixed pedestal unit, the size and
design of which are approved by the director and generally consistent
with the design set forth in Figure 1, with multiple storage spaces
used or maintained for the display, sale, and distribution of publications,
which is located in the newsrack bank zone.
“Newsrack bank zone”
means the downtown commercial district and along the El Camino
Real corridor, as defined in the city’s general plan. No newsracks
other than newsrack banks are allowed within the newsrack bank zone.
“Newsrack permit”
means authorization granted by the director to use and maintain
a newsrack or to use a space in a newsrack bank.
“Parkway”
means the area between the sidewalk and the curb of any street,
and where there is no side-walk, the area between the edge of the
roadway and the property line adjacent thereto. “Parkway”
shall also include any area within a roadway that is not open to vehicular
travel.
“Permittee”
means the person or entity designated on the permit as responsible
for the newsrack or for use of a newsrack bank space.
“Person”
means any person or persons, or entity including, but not
limited to, a corporation, partnership, unincorporated association
or joint venture.
“Roadway”
means that portion of a street improved, designed, or ordinarily
used for vehicular travel.
“Shared newsrack”
means a single newsrack housing more than one publication,
and is subject to the same standards and regulations as a newsrack,
unless otherwise stated in this chapter.
“Sidewalk”
means that area of improved real property between any curb
face and the property line of adjoining real property on the same
side of the street as the curb face.
“Street”
means any place commonly used for the purpose of vehicular
public travel.
(Ord. 1407 § 1, 2009)
In addition to Sections
6.20.050,
6.20.060,
6.20.080,
6.20.090, and all other applicable provisions of this chapter, the following regulations shall apply to the newsrack bank zone.
(a) Only
newsrack banks installed by the city pursuant to the provisions of
this section are permitted in the newsrack bank zone. Privately installed
newsracks or newsracks proposed by another public agency are prohibited
in the newsrack bank zone.
(b) The
size, number, composition, and location of these newsrack banks shall
be established and modified as necessary by the director in conjunction
with the city’s chief planner. The current size, number, composition,
and location of the newsrack banks shall be posted on the city’s
website and available in the office of the city clerk.
(c) Newsracks installed or maintained in the newsrack bank zone may be summarily removed in accordance with Section
6.20.120(a) of this chapter.
(d) The
city shall be responsible for the installation and maintenance of
the newsrack banks.
(e) Allocation
of space within newsrack bank. The director shall allocate spaces
in newsrack banks in accordance with the following:
(1) An interested publication or distributor of multiple publications
to be dispensed within a newsrack bank can apply for only one newsrack
permit slot per newsrack bank.
(2) Limited space within the newsrack banks shall be allocated by frequency
of publication. The priority shall be as follows: daily publications,
weekly publications, monthly publications, quarterly publications,
and semi-annual publications. Five spaces shall be allocated to daily
publications, two to weekly publications, and one to less frequent
publications.
(3) If the number of applications for a particular frequency is less
than the spaces available, the director will allow the next highest
frequency to apply for that space. If space still remains, an interested
party may apply for more than one space within a specified corral,
not to include the same publication.
(4) If the number of applications exceeds the number of spaces available for any of the frequency of publication categories set forth in subsection
(2) of this section, the director will request that the interested parties meet to determine if a signed agreement for allocation of the spaces can be reached. If an agreement is reached, the director will assign the permits based on the agreement so long as it conforms with the requirements of this section. If an agreement cannot be reached or the parties refuse to meet, the director will give priority to the publication that has been “historically located” closest to the location where the newsrack bank will be placed. If neither publication can demonstrate a historical presence in the location where the newsrack bank will be placed, the director shall hold a lottery to allocate the available spaces in accordance with the frequency hierarchy.
(Ord. 1407 § 1, 2009)
It is unlawful to install, use or maintain any newsrack or use
or occupy a space within a newsrack bank without first obtaining a
permit from the director or his or her designee.
(a) General
Provisions. The director shall charge a newsrack permit fee as set
forth by resolution of the city council to cover the administrative
costs of processing permits. A distributor must pay a permit fee for
each newsrack or newsrack bank slot it occupies. Any permit issued
shall expire at the end of the calendar year. Any newsrack permit
obtained after the first quarter of the calendar year will be charged
a prorated permit fee. A permit must be renewed annually.
(b) Issuance
of Permits, Denials, and Appeals. Applicants interested in installing
newsracks or in maintaining existing newsracks shall submit to the
director an application pursuant to this chapter. Upon a finding that
the applicant is in compliance with the standards set forth in this
chapter, the director shall issue a newsrack permit covering each
location approved by the director within fifteen business days. If
a newsrack permit is disapproved, in whole or in part, the director
or his or her designee shall notify the applicant promptly, explaining
the reasons for denial of a newsrack permit. The applicant may appeal
the decision by filing a written appeal with the city manager within
fifteen business days. Upon receipt of an appeal, the city manager’s
office shall, within fifteen business days, notify the applicant of
the date, time and place of the hearing. The city manager or designee
shall issue his or her decision in writing no later than fifteen business
days after the hearing. The decision of the city manager or designee
shall be final.
(c) Renewals.
Existing permittees interested in renewing their newsrack permits
shall submit to the director annually by January 10th unless a notice
of nonrenewal is sent to the permittee by the director.
(d) Revocations.
The city has the prerogative to terminate a permit earlier if the
newsrack or use of space in a newsrack bank conflicts with a capital
improvement project, changes to a nearby public or private property
make it necessary to relocate the rack. Permits may also be revoked
if or newsracks or newsrack banks are used or maintained in a manner
that violates applicable law or permit conditions, or if information
in the permit application or related supporting documents is inconsistent
with the number or locations of the newsracks as represented by the
applicant.
(e) Newsrack Bank Zone Permits. Newsrack banks within the newsrack bank zone require a permit specific to the zone and the requirements of Section
6.20.040 apply to this permit process. The timeframe for issuance of newsrack permits outside the zone does not apply, and the director shall process applications for permits within the zone within a reasonable timeframe. Permit fees shall be paid annually.
(Ord. 1407 § 1, 2009)
(a) A
person seeking issuance of a permit pursuant to this chapter shall
file with the director a written application on a form supplied by
the city. The application shall include the following information:
(1) The name, address, and telephone number of the applicant;
(2) The name, address, and telephone number of a responsible person whom
the city may notify or contact at any time concerning the applicant’s
newsrack. The distributor has a duty to promptly notify the city if
the responsible person for the newsrack changes at any time;
(3) The proposed number of newsracks and specific locations of each newsrack
by provision of a site map or diagram, drawn to scale, showing the
proposed location of the newsrack and the sidewalk, streets, and other
adjacent improvements within twenty-five feet, including, but not
limited to, buildings, building entrances, driveways, marked and unmarked
crosswalks, traffic signals, parking meters, street light poles, fire
hydrants, bus stops and bus benches, utility poles, telephones, and
existing newsracks;
(4) Name(s) of newspapers or periodicals to be contained in each newsrack;
(5) A written statement in a form approved by the city attorney, whereby
the applicant agrees to indemnify and hold harmless the city and its
officers, employees, agents and representatives, from any loss, claim,
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, placement and/or maintenance of
a newsrack within the city.
(b) Except for the provisions set forth in Section
6.20.040 of this chapter specific to the newsrack bank zone, one permit will be issued per applicant covering all newsracks in each application. Each permit may be amended by submitting an amendment of permit application to the director, provided fees are paid for additional newsracks. A condition of any permit issued under this section is that the permittee shall keep an accurate record readily identifying the locations of its newsracks to be made available to the director upon request within two business days. This information may be used to check the accuracy of information provided in the permit application or to verify compliance with local law or permit conditions.
(c) An
applicant shall submit evidence of commercial liability insurance
subject to the reasonable requirements of the director covering liability
arising from, connected with, or caused or claimed to be caused by,
any newsrack for which the permittee is responsible and any newsrack
owned by or attributable to permittee to the director along with the
applicant’s written application for a permit. No newsrack permit
may be issued and no newsrack may be installed, used or maintained
until the director has approved the requisite insurance certificate.
A permittee must maintain at all times during the term of any newsrack
permit, and at all times permittee’s newsrack(s) remain(s) on
any portion of the public right-of-way, said insurance.
(Ord. 1407 § 1, 2009; Ord. 1469 § 1, 2013)
Any newsrack which in whole or in part rests upon, in or over
any public sidewalk or parkway, shall comply with the following standards:
(a) 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 periodical sold therein;
(b) Each
coin-operated newsrack shall be equipped with a functional coin-return
mechanism;
(c) Each
newsrack shall have a door or covering preventing the publications
therein from getting wet or falling out due to rain, wind, or similar
conditions;
(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, address, and permit number 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 thereon;
(3) It is reasonably free of rust and corrosion in the visible unpainted
metal areas thereon;
(4) It is reasonably free of graffiti. The permittee shall be required
to remove graffiti on any newsrack within twenty-four hours of oral
or written notification by the city to the permitted of the existence
of the graffiti. If the graffiti is not removed within that time,
the permitted is deemed to have given the city authority to remove
the graffiti at the permittee’s expense;
(5) 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;
(6) The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading; and
(7) The structural parts thereof are not broken or unduly misshapen.
(Ord. 1407 § 1, 2009)
Publications offered for sale from newsracks shall not be displayed
or exhibited in a manner which exposes to public view from the street,
sidewalk, roadway or parkway 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
or effect sexual arousal, gratification, or affront;
(b) Any
picture or illustration of a person’s genitals, pubic hair,
perineum, anus, or anal region of any person, or of a mature female
breast below a point immediately above the top of the areola where
such picture or illustration has as its purpose or effect sexual arousal,
gratification, or affront; or
(c) Any
picture or illustration depicting explicit sexual acts as defined
in this section where such picture or illustration has as its purpose
or effect sexual arousal, gratification, or affront.
“Explicit sexual acts,” as used in this section,
means 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 genitals,
pubic hair, perineum, anus or anal region.
|
(Ord. 1407 § 1, 2009)
No person shall knowingly display or cause to be displayed,
in any public place, other than a public place from which minors are
excluded, and with knowledge of, or failure to exercise reasonable
care in ascertaining, the age of the persons to whom the material
is displayed, any harmful matter as defined in Section 313 of the
California
Penal Code, unless such matter is displayed in or upon
newsracks, newsstands, shelves, containers, storage units, or any
other dispensers equipped with devices commonly known as blinder racks
affixed in such a manner that the lower two-thirds of the matter is
not exposed to view.
(Ord. 1407 § 1, 2009)
Upon removal of any newsrack, the permitted or responsible person
shall eliminate any potential hazards to the public, such as bolts,
brackets, or holes, and shall restore any disturbed area of the public
right-of-way to the same or reasonably similar condition as any adjoining
public right-of-way by leaving the public right-of-way level and free
of protrusions or depressions, and shall be liable for all costs and
expenses, including attorneys’ fees, associated with restoring
the right-of-way to the condition that would have existed had the
newsrack not been installed.
(Ord. 1407 § 1, 2009)
An abandoned newsrack may be removed by the director or designee
and may be disposed of if it is not claimed by the responsible party
within thirty days. Newsracks remaining empty for thirty days or not
claimed within thirty days of seizure shall be deemed abandoned.
(Ord. 1407 § 1, 2009)