The purpose of the regulations in this chapter is to protect
the public health, safety and welfare from the unrestrained, planned
or controlled installation and maintenance of news racks located on
public rights-of-way. Some news racks located on such rights-of-way
are used for the display and sale of materials depicting sexually
explicit conduct and nudity, as defined in this chapter. The protection
of children and the privacy rights of other persons compel the adoption
of these regulations in order to accommodate the competing interests
of the free sale and distribution of all types of published materials
and the significant and legitimate concerns of the community for the
preservation and protection of the public health, safety and welfare.
(Ord. 1130 § 1, 2003)
Whenever any of the following names or terms are used in this
chapter, each name or term shall be deemed and construed to have the
following meaning:
means Director of Public Works.
means highway or any portion of the public right-of-way including
but not limited to, roadways, parkways, alleys and sidewalks.
(Ord. 1130 § 1, 2003)
No person, whether as a principal or agent, clerk or employee,
either for himself or any other person, or as an officer of any corporation,
or otherwise, shall place or maintain a news rack on or projecting
onto a highway unless and until a news rack permit has been obtained
from the director of public works or his designate (the "director").
(Ord. 1130 § 1, 2003)
Upon proper application on forms provided by the director, which may require any of the information described in Section 12.09.030 and 12.09.040 of this division, the director shall issue the applicant an annual news rack permit for each requested news rack or group of news racks as defined in Section 12.09.090 D that meets all of the requirements of this chapter. Notwithstanding any other provision of this Division 1, the director may not refuse to issue a news rack permit properly applied for. Each application must be accompanied by a site map showing the width of the sidewalk and the location of each proposed news rack installation and any and all structures, encroachments or objects of any kind or character located within twenty-five feet of the proposed installation including, but not limited to, traffic signals, street light poles, fire hydrants, bus benches, utility poles, telephones, building entrances, driveways and parking meters. Each application shall be accompanied by a nonrefundable permit application fee of forty dollars for each proposed news rack or fifty-two dollars for each proposed group of two news racks or sixty-four dollars for each proposed group of three news racks. If the permit for the placement of a new news rack or new group of news racks is issued after the beginning of the calendar year, then the fee shall be reduced by one dollar per news rack for each month less than the full calendar year. The fee shall offset the costs of administration and inspection services incurred by the director in connection with the review of the application and the costs of monitoring and enforcing the News Rack Ordinance. No adjustment shall increase or decrease the fee to an amount more or less than the amount necessary to recover the cost of providing the services. If it is determined that the reasonable amount necessary to recover the cost of providing the services exceeds this adjustment, the director may present fee proposals to the city council for approval. No permit issuance fee shall be required for the issuance of a permit for a news rack or group of news racks. Each news rack or group of news racks proposed to be placed or maintained on or projecting onto any highway shall require a separate permit.
(Ord. 1130 § 1, 2003)
The director may develop and issue guidelines implementing the
provisions of this chapter. The director, in acting upon any application
for a news rack permit or the renewal thereof, shall either approve,
or approve with conditions, or deny the issuance or renewal of a permit
based on the following principles and standards:
A.
That
the proposed use of the highway is in compliance with all applicable
provisions of this chapter; and
B.
That
the proposed use of the highway is consistent, and does not unreasonably
interfere, with the use of the highway right-of-way by other users
and holders of other permits.
(Ord. 1130 § 1, 2003)
Each news rack shall expire at the end of the calendar year
in which it was issued. The holder of multiple news rack permits may
renew annually all news rack permits in one permit renewal application.
A permit renewal application must be received by the director thirty
days before the expiration of the permit or permits, comply with all
of the requirements of this chapter and be accompanied by a nonrefundable
permit renewal application fee of twenty-eight dollars in addition
to twelve dollars for each news rack permit to be renewed.
(Ord. 1130 § 1, 2003)
Every news rack permittee shall permanently affix to each news
rack placed or maintained on or projecting onto any highway in a manner
clearly visible from the street:
A.
The
permittee's name, address, and phone number; and
B.
The
permittee's permit number and the director's enforcement telephone
number using tags provided by the director.
(Ord. 1130 § 1, 2003)
No person shall maintain any news rack on or projecting onto
any portion of the highway on which vehicles travel.
(Ord. 1130 § 1, 2003)
News racks placed or maintained on or projecting onto any highway
shall comply with the following standards and requirements:
A.
No
news rack shall exceed forty-eight inches in height, thirty inches
in width, or two feet in depth.
B.
News
racks shall only be placed near a curb or adjacent to the wall of
a building. News racks placed near the curb shall be placed no closer
than eighteen inches to the face of the curb and no farther than twenty-four
inches from the face of the curb, measured from the curb face to the
nearest point on the news rack. News racks placed adjacent to the
wall of a building shall be placed parallel to such wall and not more
than six inches from the wall.
C.
No
news rack shall be chained or otherwise attached to any property now
owned by the owner of the news rack or to any permanently fixed object,
unless the permittee shall have first obtained the written permission
of the owner of the object to which the news rack is affixed. News
racks shall be bolted to the sidewalk, unless otherwise approved by
the director. Upon removal of a news rack, the permittee shall fully
restore the sidewalk to its original condition. No news rack shall
be chained or attached to loose objects including but not limited
to, bricks, rocks, cinder blocks, pipes or other such objects.
D.
News
racks may be chained or otherwise attached to one another; however,
no more than three news racks may be joined together in this manner
("group of news racks"), and a space of no less than forty-two inches
shall separate each group of news racks so attached, unless the news
racks are placed adjacent to the wall of a building.
E.
No
news rack or group of news racks shall be placed, installed, used
or maintained at any location:
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
five feet in front of, and within twenty-five feet to the rear of,
any sign or pavement markings designating a bus stop, measured parallel
to the flow of traffic;
6.
Within
six feet of any bus bench;
7.
Which
causes, creates or constitutes a traffic hazard;
8.
Which
unreasonably obstructs or interferes with access to, or the use and
enjoyment of abutting property;
9.
Which
will endanger persons or property;
10.
Which will unreasonably interfere with or obstruct the flow of pedestrian
or vehicular traffic on the highway;
11.
Where the clear space for the passage of pedestrians is reduced to
less than forty-two inches;
12.
Within forty-two inches of any sidewalk obstruction which shall include,
but not be limited to, traffic signals, street light poles, trees,
sign posts, telephones and utility poles;
13.
Where a curb is painted blue, yellow or white;
14.
Within three feet of any display window of any building abutting
the highway or in such manner as to impede or interfere with the reasonable
use or visibility of such window for display purposes;
15.
Which obstructs the motoring public's view of pedestrians or traffic
and parking signage;
16.
Within one hundred feet of any other news rack or group of news racks on the same side of the street containing the same edition of the same publication, unless the permittee can demonstrate to the director that the demand for such publication within such one hundred feet requires an additional news rack or racks. The total number of news racks within such one hundred feet shall not exceed the number of news racks allowed by subsection H of this section.
F.
No
news rack shall be used for advertising or publicity purposes other
than for the display, sale or purchase of the publication sold therein.
G.
Each
news rack shall be maintained in clean and neat condition and in good
repair at all times. Each news rack shall be serviced and maintained
so that:
1.
It
is free of dirt, grease and graffiti;
2.
It
is free of chipped, faded, peeling and cracked paint in the visible
areas thereof;
3.
It
is free of rust and corrosion in the visible areas thereof;
4.
The
clear plastic or glass parts thereof, if any, through which the publications
therein are viewed, are unbroken and free of cracks, dents, blemishes
and discoloration;
5.
The
paper or cardboard parts or inserts thereof are free of tears, peeling
or fading;
6.
The
structural parts thereof are not broken or misshapen.
H.
No
more than eight news racks shall be located on any street 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 news racks shall be authorized, the director
of public works shall be guided solely by the following criteria:
1.
First
priority shall be given to applicants who are able to provide verification
that they are publishers or owners of adjudicated publications or
newspapers of general circulation in Los Angeles County, pursuant
to the procedures set forth in Division 7, Article 2 of the California
Government code.
2.
Second
priority shall be given to news racks 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 in Los
Angeles County.
3.
Third
priority shall be given to news racks 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 in Los Angeles County.
4.
Fourth
priority shall be all other publications.
|
In the event there is a conflict between publications within
the same priority seeking the same location, and there are insufficient
news rack spaces remaining to accommodate the conflicting publications
after first filling as many spaces as possible by utilizing the criteria
set forth above, then the director of public works shall assign the
remaining 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 location's
remaining number of unfilled news rack spaces have been filled. Such
drawing shall be open to the public and conducted at a time and date
designated by the director of public works.
|
(Ord. 1130 § 1, 2003)
Publications offered for sale from news racks placed or maintained
on or projecting onto the highway shall not be displayed or exhibited
in a manner which exposes to public view from the highway 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 genitals, pubic hair, perineums, anuses,
or anal regions of any person 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.
(Ord. 1130 § 1, 2003)
A.
No
harmful matter as defined in Section 313 et seq. of the Penal Code
shall be displayed on any highway without the placement of devices
commonly known as blinder racks in front of the material, so that
the lower two-thirds of the material is not exposed to view.
(Ord. 1130 § 1, 2003)
as used in this chapter, 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 genital, pubic region, pubic hair, perineum,
anus or anal region.
(Ord. 1130 § 1, 2003)
As a condition of the issuance or renewal of a news rack permit,
the permit holder shall agree in writing to defend, indemnify and
hold harmless the city of San Dimas from and against any and all liability,
expense, including defense costs and legal fees, claims and causes
of action for damages of any nature whatsoever, including but not
limited to, bodily injury, death and/or property damage, arising from
or connected with the issuance and/or renewal of the permit, the placement
or maintenance of the news racks on or projecting onto the highway,
and/or any act or omission of the permittee or the permittee's agent(s)
with respect to such news racks. In addition, and without limiting
the above obligation to defend, indemnify and hold harmless the city
of San Dimas, permittee shall present, along with each application
for or renewal of a permit, evidence of liability insurance providing
minimum coverage of one million dollars and naming as additional insured
the city of San Dimas and its officers and employees. Each permittee
shall maintain the required insurance at all times during which the
permittee places or maintains any news rack on or projecting onto
any highway.
(Ord. 1130 § 1, 2003)
The sheriff or the director or their designates:
A.
May immediately correct any violation of Section 12.09.090, and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense;
B.
May,
notwithstanding any other provisions of this Division 1, immediately
remove and impound any news rack in violation of this chapter if the
violation is creating a dangerous or hazardous condition which cannot
be corrected simply, easily, quickly and without expense. Notice of
such action and the right to request a hearing in accordance with
this chapter shall be mailed to the permittee, or person, if known,
maintaining such news rack, within five working days after such action;
C.
May
notify the permittee of a news rack which is in violation of any provision
of this chapter or any other applicable law, or notify the person,
if known, who maintains such news rack, either in person or by mail,
in the sheriff's or director's discretion, that unless the violation
is corrected or a hearing requested within ten days of the date of
the notice, the news rack will be impounded;
D.
May
impound any news rack in accordance with the decision of any hearing
requested pursuant to this chapter.
(Ord. 1130 § 1, 2003)
A.
Unless
the news rack and its contents are being held as evidence in criminal
prosecution, the permittee or, if there is no known permittee, a claimant
who provides sufficient proof of ownership, of an impounded news rack
may, at any time up to and including the thirtieth day after the impounding,
and if a hearing pursuant to this chapter is held concerning the news
rack, may, at any time up to and including the thirtieth day after
the decision at such hearing becomes final, obtain a return of the
news rack and its contents, upon paying an impound fee of one hundred
dollars plus the reasonable additional cost, if any, of impounding
the news rack in excess of one hundred dollars.
B.
The
director may, after a hearing in accordance with this chapter, order
the news rack returned without payment of any impound fee; or if an
impound fee has previously been paid, may order return of any such
impound fee.
C.
A court
before whom criminal charges concerning an impounded news rack are
pending, may, upon dismissal of the charges or a finding of acquittal,
in its discretion order an impounded news rack returned without payment
of an impound fee or the return of the impound fee paid.
D.
If
a hearing on the impounding of a news rack is not timely requested
or if the requirements for the return of a news rack are not complied
with, the sheriff or the director or their designates may sell or
otherwise dispose of the news rack, and its contents, and deposit
the proceeds, if any, from any such sale or disposition, and any moneys
contained in said news rack, in the city treasury, in the case of
impounding by the sheriff, or in the road fund, in the case of impounding
by the director.
(Ord. 1130 § 1, 2003)
A.
Request
for Hearing. Any permittee or person maintaining a news rack which
is in violation of this chapter may, at any time within ten days of
the date of the notice of violation, request in writing a hearing
before the director.
B.
Stay
Pending Decision. A timely request for a hearing made prior to any
impounding shall operate to stay any impounding until five working
days after the decision is rendered, unless further stayed pending
any appeal therefrom.
C.
Conduct
of Hearing. A hearing shall be held, unless continued by agreement,
within five working days of the request for a hearing. At the hearing,
any person may present evidence or argument as to whether the news
rack was in violation of this chapter or whether the news rack should
be returned without payment of an impound fee.
D.
Decision.
A decision shall be rendered within five working days after the close
of the hearing.
E.
Notice
of Decision. The director may give oral notice of the decision at
the close of the hearing or may send notice of the decision by mail.
(Ord. 1130 § 1, 2003)
A.
Appeal.
Any person who requested a hearing may, within five days after notice
of the decision therein is given pursuant to this chapter, appeal
such decision to the city council of the city of San Dimas.
B.
Contents
of Appeal. The appeal shall be in writing, shall state the legal and
factual basis upon which the appeal is to be based, and shall be filed
with the director, who shall forthwith forward the appeal, together
with a copy of the decision to the city clerk.
C.
Stay
Pending Appeal. A timely appeal of the decision shall operate to stay
any impounding pending action taken on the appeal by City Council
pursuant to this section.
D.
Action
by Council. Upon receipt of the appeal and decision, and as soon as
practical, the city council may take any one of the following actions:
1.
Grant
a stay of the decision or any impounding pending further consideration
by the city council;
2.
Approve
the decision and order;
3.
Refer
the matter back to the director with or without instructions;
4.
Set
the matter for public hearing before itself. Such public hearing shall
be held de novo as if no hearing previously had been held.
E.
Stay
Pending Action by Council. Action taken by the city council pursuant
to subsection D.3. or D.4. of this section shall operate to stay the
decision or any impounding pending final resolution of the issue of
whether the news rack was in violation of this chapter or whether
the news rack should be returned without payment of an impound fee.
F.
Effective
Date of Council Action. Action taken by the city council pursuant
to subsection D.2. of this section shall be effective two working
days after said action is taken.
(Ord. 1130 § 1, 2003)
(Ord. 1130 § 1, 2003)
The provisions of this chapter shall not limit any other remedies
authorized by law.
(Ord. 1130 § 1, 2003)
