(a) 
The city council of the city of South San Francisco makes the following findings:
(1) 
The uncontrolled placement and maintenance of newsracks, stands, containers, and similar newspaper and vending devices 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) 
Uncontrolled placement of newsracks are unsightly, cause an inconvenience or danger to persons and vehicles using public rights-of-way, and are detrimental to the public health, safety and welfare.
(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 may be presented 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) 
The factors described above in Section 6.20.010(a)(1)—(4) 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.
(7) 
The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and serving of newsracks on public rights-of-way so as to:
(A) 
Provide for pedestrian and driving safety and convenience;
(B) 
Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;
(C) 
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services;
(D) 
Reduce visual blight on the public rights-of-way, and protect the aesthetics of store window displays, public landscaping and other improvements;
(E) 
Maintain and protect the value of surrounding properties;
(F) 
Reduce exposure to the city to personal injury or property damage claims and litigation;
(G) 
Protect the right to distribute information protected by state and federal constitution through the use of newsracks.
The regulation of the free distribution newspapers and the sale of other publications dispensed in vending machines as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the city.
(Ord. 1407 § 1, 2009)
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.
Figure 1
“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)
(a) 
No newsrack shall be installed, used or maintained 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 newsrack shall be installed, used or maintained in a manner that endangers the safety of persons or property, or when such site or location is used for public utility or public transportation purposes, or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian, wheelchair or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, fire hydrants, parking meters, 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) 
Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed not less than eighteen inches or more than twenty-four inches from the 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 a sidewalk or parkway opposite a newsstand or another newsrack;
(d) 
Any operable element of a newsrack shall not exceed forty-eight inches in height or be less than fifteen inches above the public right-of-way on which it is located;
(e) 
No newsrack or shared newsrack shall exceed fifty-two inches in height, thirty inches in width, or twenty-four inches in depth. No combination dispenser shall exceed sixty inches in height, one hundred twenty inches in width, or thirty inches in depth;
(f) 
No newsrack shall weigh, in the aggregate, in excess of one hundred twenty-five pounds when empty;
(g) 
Newsracks shall only contain current editions of the publication(s) for which the permit was issued;
(h) 
No newsrack shall be chained, bolted, or otherwise attached to any fixture located in the public right-of-way, including any tree, sign, or other object;
(i) 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than four feet shall separate each group of newsracks;
(j) 
No newsrack shall be placed, installed, used or maintained:
(1) 
Within five feet of any marked crosswalk,
(2) 
Within fifteen feet of the curb return of any unmarked crosswalk,
(3) 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility,
(4) 
Within five feet of any driveway,
(5) 
Within three feet ahead or twenty-five feet to the rear of any sign marking a designated bus stop,
(6) 
Within five feet of the outer end of any bus bench,
(7) 
Within five feet of any sidewalk obstruction which shall include, but not be limited to, traffic signals, street light poles, trees, parking meters, sign posts, telephone and utility poles,
(8) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet,
(9) 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping, or within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window for display purposes,
(10) 
Within one hundred feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication, unless the distributor establishes to the satisfaction of the director that (A) there is insufficient room in one newsrack for the publications which may be sold in one day, or (B) it publishes more than one edition for sale at the same time,
(11) 
On any access ramp for disabled persons,
(12) 
Within one hundred feet of the entrances to public gathering places where queuing of pedestrian traffic may occur,
(13) 
At any location where vehicular sight distance is impaired as determined by standard traffic engineering principles,
(14) 
In or over any public sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property or when such site or location is used for public facilities purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicle traffic, including access for the disabled, bicycle access, ingress or egress from any residence, place of business or the use of poles, posts, parking meters, traffic signs or signals, hydrants, postal service collection boxes or other objects permitted at or near said location.
(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)
(a) 
Summary Abatement. If the director or a code enforcement officer determines that: (1) the condition or placement of a newsrack poses an immediate danger to public health, safety, or welfare; (2) a newsrack is located within the public right-of-way without a permit; (3) a newsrack is located within the newsrack bank zone; or (4) the director is unable to readily contact the permitted or otherwise responsible party for a newsrack or newsrack bank space based exclusively on information provided in a current permit, related permit application, or affixed to the offending newsrack, the director and/or a code enforcement officer may cause the newsrack to be summarily removed, relocated, or corrected and stored a place convenient to the city.
(b) 
Post-Abatement Hearing for Summary Abatements. If the permitted or otherwise responsible party does not dispute the merits of the removal, they may waive their rights to a post-removal notice and hearing and may reclaim the offending newsrack upon the payment of reasonable charges of removal and storage. In all other cases, the director and/or the code enforcement division shall inform the permitted or distributor of the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack and the procedure for obtaining a post-removal hearing within ten days of summary removal. The hearing procedures set forth in subsection (d) of this section shall apply.
(c) 
Abatement. For newsrack and newsrack bank violations that do not warrant summary abatement, the distributor shall be notified by posting and mailing prior to removal or rehabilitation of any newsrack. The notice shall specify the manner in which this chapter is violated, shall give the owner or permitted ten days to remedy the violation and/or contest removal. Failure to either remedy the violation or contest removal within ten days after the mailing date of the notice shall result in removal and impoundment of the newsrack by the director or his or her designee, or reallocation of the newsrack bank space, at any time after expiration of the ten day period. If no identification is shown on the newsrack or newsrack bank space and no newsrack permit has been obtained, posting of the notice on the newsrack or newsrack bank space alone shall be sufficient.
(d) 
Hearing. If a hearing is requested, it shall be provided within ten business days of the request and shall be conducted by the city manager or his or her designee. The permitted or newsrack owner shall be given at least five days notice of the time and place of the hearing and shall be entitled to present evidence showing that the newsrack was not installed, used or maintained in violation of this chapter. Formal rules of evidence shall not be applicable, nor shall any party have the right to require that witnesses be sworn or subject to cross examination. The notice to correct shall be stayed pending completion of the hearing and rendering of the decision. The city manager or his or her designee shall issue a written decision either affirming, vacating or modifying the notice to correct within five business days of the conclusion of the hearing. The decision of the city manager or designee shall be final. Failure to so render the decision within five business days shall not affect the validity of such decision. If the notice to correct is not vacated, the permitted shall comply with the notice within five business days of issuance of the written decision. Failure of the permitted to comply shall result in removal and impoundment.
(e) 
Cost Recovery. The costs of removal and storage of any newsrack, including staff time expended and reasonably related to inspection and the removal, as well as attorneys’ fees for the prevailing party, as determined by a court proceeding or administrative proceeding, shall be borne by the distributor. No newsrack which has been removed and impounded by the city shall be released to the distributor unless the costs of removal, impoundment and any necessary repair to the premises on which the newsrack was placed have been paid. If a newsrack which has been removed and impounded remains unclaimed for a period of thirty days, it shall be deemed to be unclaimed personal property and disposed of in accordance with law.
(f) 
The city manager or his or her designee may, after a hearing in accordance with this chapter, order the newsrack returned upon payment of costs of storage and/or removal; or, without cost to the newsrack owner/permitted if no violation of this chapter is found.
(Ord. 1407 § 1, 2009)
(a) 
Every newsrack that does not comply with this chapter shall be removed or otherwise brought into conformance with this article within six months of the effective date of the ordinance codified in this chapter.
(b) 
Within one hundred twenty days of the effective date of the ordinance codified in this chapter, the owners and operators of existing newsracks shall obtain the permits required by this article, install permit decals in accordance with this article, and remove all newsracks from the newsrack bank zone.
(c) 
Nothing contained herein shall prevent or inhibit the city from taking all legal and appropriate steps to ensure that existing newsracks are not located on or projecting into the public rights-of-way in the city so as to present a hazard to public health and safety, or otherwise reasonably unmitigable obstruction to either pedestrian or vehicular traffic.
(Ord. 1407 § 1, 2009)