The purpose of the provisions of this chapter is to establish
a comprehensive set of regulations applicable to newsracks within
the public right-of-way.
(Ord. 1400 § 2, 1982)
For the purpose of this chapter, certain words and phrases are
defined as set forth in this section, unless it is apparent from the
context that a different meaning is intended:
"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 periodicals or other printed matter.
"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.
"Roadway"
means that portion of a street improved, designed, or ordinarily
used for vehicular travel.
"Sidewalk"
means any surface within a street provided for the exclusive
use of pedestrians.
"Street"
means all the public right-of-way dedicated to public use
for public street purposes and shall include, but not be limited to,
roadways, parkways, and sidewalks.
(Ord. 1400 § 2, 1982)
The provisions of Chapter
9.51 of this code shall apply to the display of harmful material, as that term is defined in Section
9.51.010 of this code, in newsracks installed or maintained on any public sidewalk or parkway.
(Ord. 1400 § 1, 1982; Ord. 1725 § 2, 2000)
Notices required pursuant to the provisions of this chapter
shall be given in writing by personal service or United States postal
service, certified mail, return receipt requested, addressed to the
person to be notified at his or her last known address. The giving
of notice under this chapter shall be deemed to have occurred as of
the date of personal service or of the date of deposit in the course
of transmission of the United States postal service.
(Ord. 1400 § 2, 1982)
This chapter shall apply to all newsracks, whether installed
or 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 of this chapter 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.
(Ord. 1400 § 2, 1982)
Where the director of public works finds that a newsrack does not have the name, address and telephone number of the owner thereof placed upon such newsrack, in compliance with Section 17570 et seq., of the
Business and Professions Code of the state, he or she shall make every reasonable effort to ascertain the owner thereof. If he or she is unable to determine ownership, he or she shall summarily impound such newsrack and, notwithstanding Section
13.16.070, the newsrack shall immediately be deemed to be unclaimed property in possession of the police department. The chief of police or the designee of the chief shall sell or otherwise dispose of such newsrack and its contents in accordance with law.
(Ord. 1400 § 2, 1982)