means that portion of a sidewalk at a street corner bounded
by the street curb, the street right-of-way line (the property line),
and the radial lines at the beginning and the end of the arc formed
by the street curb.
means any person or persons who have the responsibility of
placing, servicing or maintaining a publication vending machine by
depositing or removing material from the machine or by collecting
money from the machine.
means any window located or utilized so as to exhibit or
make a presentation of merchandise or any window located or utilized
so as to give evidence to the general public commercial advertisements.
means any area which has been improved with real or artificial
lawn, flowers, shrubs, trees, plants, rocks, bark, textured concrete
or other materials designed to upgrade the property.
means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display,
distribution, or sale of any written or printed material, including
but not limited to, brochures, newspapers and news periodicals.
means any individual, partnership, firm, association, corporation
or other legal entity.
means any material suggesting or conveying a visual image,
and includes, but is not limited to, a photograph, painting or drawing.
includes, but is not limited to the following: streets, roadways,
parkways and sidewalks, as these terms are hereinafter defined:
"Street"
means all that area dedicated to public use for public street
purposes and includes, but is not limited to roadways, parkways, alleys
and sidewalks.
"Roadway"
means that portion of a street which is improved, designed,
or ordinarily used for vehicular travel.
"Parkway"
means that area between the sidewalk 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" also
includes any area within a roadway which is not open to vehicular
travel.
(Prior code 7960; Ord. 26-75; Ord. 23-96)
The purpose of this chapter is to promote the public peace,
morals, health and safety by regulating the placement, appearance,
servicing and insuring of newsracks so as to protect against:
A.
The
dangers of impairing the vision of motorists and pedestrians, particularly
small children;
B.
The
hazards of unreasonably interfering with or impeding 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.
Unduly
restricting access to the use of poles, posts, traffic signs or signals,
hydrants, mailboxes or locations used for public transportation purposes;
D.
Neglectful
servicing of newsracks resulting in a visual blight on the City's
parkways and sidewalks, and detracting from the aesthetics of store
window displays, adjacent landscaping and other improvements.
(Prior code 7960.1; Ord.
26-75; Ord. 23-96)
A.
No person
shall install, relocate, replace, use or maintain any newsrack which
in whole or in part rests upon, in or over any public right-of-way
unless such newsrack is placed upon a facility installed or approved
by the City and unless a permit has been obtained from the Director
of Public Works or designee, in accordance with this chapter.
B.
The
application for a permit shall contain the following:
1.
The
name, address and telephone number of the owner of the newsrack and
the name and address of the person to whom any notice pursuant to
this chapter should be given;
2.
The
location at which the newsrack is to be installed and maintained;
including dimensioned diagram showing the exact location of the newsrack
and the improved area adjacent to the newsrack;
3.
An
executed document, approved as to form by the City Attorney, by which
the permittee agrees to indemnify and hold harmless the City, its
officers, employees and agents from any claim, demand or judgment
in favor of any person, arising out of activities or inactivities
of the permittee with respect to the location, installation, maintenance
or removal of the permittee's newsrack; and
4.
A
certificate of insurance evidencing that comprehensive general liability
insurance or commercial general liability insurance policy has been
issued and an endorsement naming the City as an additional insured.
The insurance shall be written on an occurrence basis and provide
for a combined single limit of $500,000.00 per occurrence for bodily
injury, death and property damage. The evidence of insurance filed
with the City shall include a statement by the insurance carrier that
30 days' written notice by certified mail will be given to the City
before any cancellation or modification of coverage.
C.
Any
permit retained under this section shall expire within one year of
the date of issuance and shall be renewed annually.
(Prior code 7960.2(a); Ord.
26-75; Ord. 23-96; Ord. 16-04)
No person shall install, use or maintain any newsrack which
in whole or in part rests upon, in or over any public sidewalk or
pathway when such installation, use or maintenance, endangers the
safety of persons or property, or which 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 legally
marked or stopped vehicle, the ingress into or egress from 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. All newsracks shall be located and maintained in a
manner consistent with the requirements of the Americans with Disabilities
Act and state law.
(Ord. 23-96)
No such newsrack shall be placed, installed, used or maintained
in a parkway or sidewalk adjacent to property zoned residential, as
such zone is defined in the Orange Municipal Code. The provisions
of this section shall not prohibit the location of newsracks in a
parkway or sidewalk in said zones, adjacent to a public building,
exclusive of elementary, junior high and high schools, which is open
to and used by the public.
(Ord. 23-96)
Any newsrack which in whole or in part rests upon, in or over
any public right-of-way shall comply with those specifications contained
in the City's Standard Plans and Specifications, which are on file
with the Director of Public Works, as the same may be amended from
time to time. In addition to the City's Standard Plans and Specifications,
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; provided, however, that the newsrack may be securely
anchored to the ground or sidewalk.
(Ord. 16-04)
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
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
or more than 24 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. All newsracks must be level.
B.
Notwithstanding the provisions of Section 5.92.040 of this chapter, no newsrack shall be placed, installed, used or maintained:
1.
Within
10 feet of any marked crosswalk;
2.
Within
10 feet of any curb return;
3.
Within
10 feet of any fire hydrant, fire call box, police call box or other
emergency facility;
4.
Within
10 feet of any driveway;
5.
Within
10 feet ahead of and 25 feet up the rear of any sign marking a designated
bus stop;
6.
Within
six feet of any bus bench or transit advertising shelter;
7.
Within
three feet of any improved area or within three feet of any display
window of any building abutting the sidewalk or parkway or in such
manner as to impede or interfere with the reasonable use of such window
for display purposes.
C.
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.
D.
Each
newsrack shall be maintained in a clean, neat and safe condition and
in good repair at all times. All printed material shall be secured
to prevent printed material from scattering onto the right-of-way
or adjacent properties.
E.
Newsracks
may be placed next to each other. However, no group of newsracks shall
extend more than 15 feet along a curb or wall, and no such group of
newsracks shall be located within five feet of any group of newsracks.
F.
The
Department of Public Works may apply additional criteria if warranted
for reasons of health and safety.
(Prior code 7960.4; Ord.
23-96)
Publications offered for sale from any newsrack, which in whole
or in part rests upon, in or over any public sidewalk or parkway,
shall not be displayed or exhibited in a manner which exposes to public
view from the public sidewalk 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 less than completely and opaquely covered
human genitals, pubic hair, pubic region, perineum, anuses, anal regions,
the female breast below a point immediately above the top of the areola,
and male genitals in a discernible turgid state, even if completely
and opaquely covered, where such picture or illustration has as its
purpose or effect, sexual arousal, gratification or affront.
C.
Any
picture or illustration depicting explicit sexual acts 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 act of sexual arousal
involving any physical contact with a person's genitals, pubic region,
pubic hair, perineum, anus, anal region or female breast.
|
(Ord. 23-96)
Every person or entity which places, maintains, relocates or
replaces a newsrack along any street in the City shall have the permit
issued by the City affixed thereto in a place where such permit may
be easily seen from the street.
(Ord. 16-04)
A.
Except as provided in this section or Section 5.92.140, whenever the Director of Public Works is advised that a newsrack has been installed or is being maintained in violation of this chapter, the Director shall cause the person in whose name the newsrack is permitted to be notified. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the Director of Public Works or designee, within 10 days after the giving of such notice, and the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding, provided that if the violation is upheld and not corrected within five days after the decision at such hearing becomes final, the Director of Public Works may impound the newsrack in accordance with subsection B of this section.
B.
Whenever a newsrack is impounded pursuant to subsection A of this section, the newsrack shall be removed by the Director of Public Works, or designee, and stored in a convenient place. The Director of Public Works or designee, shall notify the owner thereof by mailing a "notice of removal" to the address shown on the newsrack and if not shown, at the last known address of the owner if such an address can be ascertained.
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 or designee, if desired. Any such newsrack
removed and stored pursuant to these provisions shall be released
to its owner if claimed within 30 days after the mailing of the notice
of removal and upon the payment of $25.00 as the City's reasonable
charges of removal and storage. Upon failure of the owner to claim
the newsrack and pay the reasonable charges within 30 days after the
mailing of notice of removal, such newsrack shall be deemed to be
unclaimed property and may be disposed of as such.
C.
Any
newsrack in violation of the provisions of this chapter, which violation
creates an immediate danger to the health or safety of the public
may be summarily removed and stored in a convenient location so as
to eliminate the danger to the health or safety of the public. The
Director of Public Works or 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, or designee. 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 $25.00 as the City's reasonable charges of
removal and storage. Upon failure of the owner to claim such newsrack
and pay the reasonable charges within this 30-day period, such newsrack
shall be deemed to be unclaimed property and be disposed as such.
D.
Within 10 days of the notice of violation, or notice of removal of a newsrack summarily impounded, the person in whose name the newsrack is permitted pursuant to Section 5.92.030, or other person who provides satisfactory proof of ownership, may request a hearing before the Director of Public Works or designee. The request shall be in writing, shall state the basis thereof and shall be filed with the Director of Public Works.
The hearing shall be held within 10 working days of the filing
of the request, unless continued for good cause. At the hearing any
person may present evidence or argument as to whether the use of the
newsrack has violated this chapter. Within five working days after
the close of the hearing, the Director of Public Works or designee,
shall render a decision in writing. Notice of the decision shall be
given to the person who requested the hearing within five working
days of the hearing. This decision shall be final.
E.
All
notices shall be sent by certified mail to the permittee at the address
shown on the permit or other address designated by the permittee.
F.
The
City's charge for permitting, removal and storage may be amended by
resolution of the City Council.
(Ord. 23-96; Ord. 16-04)
Every permittee who places or maintains a newsrack on a public
right-of-way in the City shall execute a written agreement provided
by the Director of Public Works, satisfactory to the City Attorney,
whereby he or she agrees to indemnify and hold harmless the City,
its officers, directors or employees from any loss or liability or
damages, including expenses and costs, for bodily injury and property
damage sustained by any person as a result of the location, installation,
use, maintenance, removal or storage of a newsrack within the City.
(Prior code 7960.6; Ord.
26-75; Ord. 23-96)
It is unlawful for any person or custodian, whether as a principal
or agent, or employee, either for himself or herself or for any other
person or body corporate or as an officer of any corporation or otherwise,
to place or permit the placement of any publication in a newsrack
within the City unless either the publisher or the distributor has
a valid business license with the City.
(Prior code 7960.8; Ord.
26-75; Ord. 23-96)
The provisions of this chapter shall apply to all newsracks,
whether installed and maintained prior to or after the effective date
of any of its provisions. Those newsracks installed prior to the effective
date of any provision enacted hereunder shall be brought into compliance
with this chapter within one year of the effective date thereof.
(Ord. 16-04)
If no permit has been obtained for a newsrack that is located in a public right-of-way or other public property or no permit is affixed to the newsrack or the permit has expired, it may be removed immediately and processed as set forth in Section 5.92.100(B).
(Ord. 16-04)
Any person violating any of the provisions of this chapter,
shall be guilty of a misdemeanor and upon conviction thereof shall
be subject to a fine not to exceed $50.00 for a first violation; a
fine not exceeding $100.00 for a second violation of the same section
within two years; and a fine not exceeding $250.00 for each additional
violation of the same section within two years. Each day that such
violation is committed or permitted to continue shall constitute a
separate and distinct offense.
(Prior code 7960.12; Ord.
26-75; Ord. 1-80; Ord. 23-96)
