As used in this section:
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispense installed, used or maintained for the display and sale of newspapers, advertisements, bulletins, pamphlets or news periodicals.
"Street"
means all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys, and sidewalks.
"Roadway"
means that portion of a street improved, designed, or ordinarily used for vehicular travel.
"Parkway"
means that area between the sidewalks and the curb 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.
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
(Ord. 2212 § 1, 1993; Ord. 2331 § 1, 2001)
A. 
No person shall install, use or maintain any newsrack or other structure 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 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 utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(Ord. 2212 § 1, 1993)
A. 
No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway without first notifying the director of public works of the following:
1. 
The location of each newsrack to be installed or maintained in the city by the applicant; and
2. 
The name, address and telephone number of the applicant.
B. 
No more than one notification shall be required per applicant, regardless of the number of newsracks the applicant maintains in the city.
C. 
From the above information, the director of public works shall designate locations and shall be guided therein solely by the standards and criteria set forth in Section 12.10.040 hereof. Such application may be granted either in whole or in part when more than one location is proposed by the applicant, and 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.
(Ord. 2212 § 1, 1993)
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. 
Newsracks must be "K-Jack" style mounts, Model 100 or equivalent. No newsrack shall exceed six feet in height, thirty inches in width minimum, or two feet in thickness. Newsracks must be painted to match the dark green color of the civic center area bus shelters.
B. 
To keep the pedestrian passageway clear, newsracks 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 eighteen inches nor 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 the sidewalk or parkway opposite a newsstand or another newsrack.
C. 
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, unless bolted with rack systems.
D. 
Newsracks may be attached to one another; however, no more than eight individual displays may be joined together in this manner at one location.
E. 
No newsracks or group of attached newsracks allowed under paragraph D hereof shall weigh, in the aggregate, in excess of one hundred thirty-five pounds when empty.
F. 
Notwithstanding the provisions of subsection (b) of section 12.10.020, no newsrack shall be placed, installed, used or maintained:
1. 
Within twenty-five feet of any marked crosswalk;
2. 
Within twenty-five feet of the curb return of any unmarked crosswalk;
3. 
Within twenty-five feet of any fire hydrant or other emergency facility;
4. 
Within fifty feet of any driveway;
5. 
Within six feet of a designated bus stop (must meet ADA requirements);
6. 
Within six feet of any above ground obstruction (must meet ADA requirements);
7. 
Within six feet of any abutting building or in such a manner as to impede or interfere with the reasonable use of any abutting building;
8. 
Within five hundred feet of any other newsrack containing the same publication;
9. 
For the maintenance, cleanliness, and ownership of the working parts (coin mechanism, springs, windows, doors), the City will relinquish the spaces to the publications and will not have a key or access to any coin mechanism or box, and will be the sole ownership of the daily publication in that designated slot. The design of the coin mechanism and the individual designated slots will be determined by the publication; and
10. 
Newsracks will not be allowed in the civic center complex.
G. 
Notwithstanding the provisions of Sections 12.10.020 and 12.10.040(F), the director of public works shall have the discretion to modify the standards set forth in Section 12.10.040(F) (1-9).
H. 
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.
I. 
Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
J. 
No more than eight newsracks shall be located on any public right-of-way within a space of two-hundred feet in any direction within the same block of the same street; provided, however, that no more than sixteen newsracks shall be allowed on any one block. As used herein, "block" shall mean one side of a street between two consecutive intersecting streets.
In determining which newsracks shall be permitted to remain, the director of public works shall be guided solely by the following criteria:
1. 
First priority shall be given to newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Orange County, pursuant to the procedure set forth in Division 7, Article 2 of the Government Code.
2. 
Second priority shall be given to newsracks used for the sale of daily publications (those published on five or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Orange County.
3. 
Third priority shall be given to newsracks used for the sale of weekly publications (those published on at least one but less than five days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Orange County.
As between newspapers included within any single category of priority above, the director of public works shall also be guided by the following criteria of priorities whenever more than eight newsracks are proposed for any one location (two hundred-foot space) or more than sixteen newsracks are proposed for any one block:
1. 
First priority shall be daily publications (published five or more days per week).
2. 
Second priority shall be publications published two to four days per week.
3. 
Third priority shall be publications published one day per week.
In the event that there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient newsracks spaces remaining to accommodate the conflicting newspapers after first filing as many spaces as possible by utilizing the criteria set forth above, then the director of public works shall assign the space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time until the particular number of locations remaining of unfilled newsracks has been filled. Such drawing shall be open to the public at a time and date designated by the director of public works.
K. 
No person shall display or exhibit in any newsrack in a public place, other than a location from which minors are excluded, any material which is harmful to minors unless a device commonly known as a "blinder rack" is placed in front of the materials or the material is otherwise displayed or exhibited so that the lower two-thirds thereof is not exposed to public view. For purposes of this section, harmful matter is as defined in the California Penal Code, Section 313 as currently in effect and as may be amended.
(Ord. 2212 § 1, 1993; Ord. 2331 § 2—6, 2001)
Within thirty days after this chapter becomes effective, every person or other entity which places or maintains a newsrack on the streets of the city of Westminster shall have his or its name, address and telephone number affixed thereto in a place where such information may be easily seen. Prior to the designation of a location by the director of public works under Section 12.10.030, the applicant shall present evidence of compliance with this section.
(Ord. 2212 § 1, 1993)
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 date of tagging, notice of intention to remove the newsrack if the violation is not corrected within five days, and procedure for obtaining a hearing before the director of public works, if desired.
B. 
Notwithstanding subsection (a), in the case of violations of this section relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack to fixed objects, or to each other, and upon location of newsracks, the director of public works or his designate may, as an alternative to tagging said 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 staged on the tag past the five day correction period, and no hearing has been requested, said newsrack shall be removed by the director of public works or his 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 public works, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five days after such removal and upon the payment of reasonable charges within forty-five days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to the provisions of the California Civil Code Sections 2080 et seq. pertaining to Lost and Unclaimed Property.
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, said newsrack may be summarily removed and stored in a convenient location as to eliminate the danger to the health safety and welfare of the public. The director of public works or his 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 post-removal hearing before the director of public works, if desired. Any such newsrack removed and stored pursuant to this subsection shall be released to the owner thereof if claimed within forty-five days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage.
(Ord. 2212 § 1, 1993)
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 herein. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with said provisions within thirty days of the effective date thereof.
Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this chapter.
Every person or other entity which places or maintains a newsrack on a public sidewalk or parkway in the city of Westminster shall file a written statement with the director of public works satisfactory to the city attorney whereby he or it agrees to indemnify and hold harmless the city, its officers, councilmen and employees, from any loss or 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 of Westminster.
(Ord. 2212 § 1, 1993)