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:
means the director or the designee of the director.
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.
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.
means that portion of a street improved, designed, or ordinarily
used for vehicular travel.
means any surface within a street provided for the exclusive
use of pedestrians.
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)
(a)
No person shall install or maintain any newsrack which in whole or
in part rests upon, in or over any street without first registering
the newsrack with the city and without otherwise complying with the
provisions of this chapter. Such registration shall be in writing
by the owner of the newsrack or his or her authorized agent, shall
be filed with the director of public works and 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;
(3)
An executed document, approved as to form by the city attorney, by
which the registrant 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 the location, installation,
maintenance or removal of the newsrack;
(4)
A certificate of insurance evidencing that a liability insurance
policy in minimum amounts set by the director of public works has
been issued, naming the city as a co-insured, and containing a provision
that the policy cannot be cancelled except upon ten days' written
notice to the city of the fact of such cancellation. If such insurance
is cancelled at any time during the time the newsrack is installed
or maintained on public property, said newsrack shall be removed forthwith
by the registrant;
(5)
A filing fee, as established by resolution of the city council, to
cover the cost of inspection.
(Ord. 1400 § 2, 1982)
(a)
Any newsrack which is installed or maintained in any street, shall
comply with the following standards:
(1)
The newsrack shall rest entirely outside the roadway and shall in
whole or in part rest upon, in or over the sidewalk or parkway.
(2)
The newsrack shall not exceed sixty inches in height, thirty inches
in width, or twenty-four inches in thickness.
(3)
The newsrack shall only be placed parallel to a curb or the wall
of a building. Newsracks placed parallel to the curb shall be placed
with the back not less than eighteen inches nor more than twenty-four
inches from the edge of the curb. Newsracks placed parallel to the
wall of a building shall be placed with the back not more than six
inches from the wall. No newsrack shall be placed or maintained opposite
a newsstand or another newsrack.
(4)
The newsrack shall not 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, the newsrack may be securely anchored
to the ground or sidewalk.
(5)
The newsrack shall be installed on a single or multiple pedestal-type
or modular-type base; provided, however, not more than four newsracks
shall be installed on any one base.
(6)
Newsracks may be placed next to each other; provided, however, no
group of newsracks shall extend more than fifteen feet along a curb
or wall, and no such group of newsracks shall be located within five
feet of any other group of newsracks.
(7)
The newsrack shall not be used for advertising signs or publicity
purposes other than that dealing with the display, sale or purchase
of the printed matter sold therein.
(8)
The newsrack shall be maintained in a clean, neat, safe and secure
condition and in good repair at all times.
(9)
The newsrack shall not be installed or maintained to:
(A)
Within five feet of any marked crosswalk;
(B)
Within fifteen feet of any curb return;
(C)
Within five feet of any utility meter or service box;
(D)
Within five feet of any driveway;
(E)
Within six feet of any bus bench;
(F)
Within five feet ahead of, and twenty-five feet to the rear of, any
sign marking a designated bus stop;
(G)
Within five feet of any fire hydrant, fire call box, police call
box or other emergency facility;
(H)
Within three feet of any area improved with lawn, flowers, shrubs
or trees; provided, however, that if the planting area and the adjacent
sidewalk or parkway area are separated by a wall or fence in excess
of three feet in height and the planting area and the parkway are
on substantially the same grade, the restriction shall not apply;
or
(I)
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.
(10)
The newsrack shall not be installed or maintained so as to:
(b)
Upon the removal of any newsrack which has been anchored to the ground
or sidewalk, the director of public works shall be so notified and
any resulting condition shall be repaired, including the filling in
of any holes left in the sidewalk, to the satisfaction of the director.
(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)
(a)
Whenever the director of public works is advised that a newsrack has been installed or is being maintained in violation of this chapter, he or she shall so notify the person in whose name the newsrack is registered pursuant to Section 13.16.030. 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 within ten 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 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 Section 13.16.070.
(b)
Notwithstanding subsection (a) of this section, in the case of any violation of this chapter which creates an immediate danger to public health, safety or welfare, which violation cannot be corrected by moving or otherwise repositioning an unanchored newsrack, said newsrack may be summarily impounded by the director of public works.
(Ord. 1400 § 1, 1982)
(a)
Whenever a newsrack is impounded pursuant to Section 13.16.060, the director of public works shall forthwith notify the person in whose name the newsrack is registered pursuant to Section 13.16.030. Such notice shall state the date the newsrack was impounded, the reasons thereof, and the procedure for claiming the newsrack. If the newsrack was summarily impounded, such notice shall also state the procedure for requesting a hearing before the director of public works.
(b)
The registrant or other person who provides satisfactory proof of
ownership of the impounded newsrack may, at any time within thirty
days of the notice of impound, obtain the return of the newsrack and
its contents upon payment of an impound fee in an amount equal to
the reasonable cost to the city of removing and storing the newsrack.
(c)
If, after a hearing pursuant to Section 13.16.080, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the registrant or other claimant without payment of any impound fee or, if an impound fee has previously been paid, the impound fee shall be refunded.
(d)
Upon failure of the registrant or other claimant to claim an impounded
newsrack and pay the impound fees within the thirty day period, the
newsrack shall 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 § 1, 1982)
(a)
Within ten days of the notice of violation or notice of impound of a newsrack summarily impounded, the person in whose name the newsrack is registered pursuant to Section 13.16.030, or other person who provides satisfactory proof of ownership may request a hearing before the director of public works. The request shall be in writing, shall state the basis thereof, and shall be filed with the director.
The hearing shall be held within five working days of the filing
of the request. At the hearing any person may present evidence or
argument as to whether the newsrack has violated this chapter. Within
two working days after the close of the hearing, the director of public
works shall render a decision in writing. Notice of the decision shall
forthwith be given to the person who requested the hearing.
(b)
Any person who requested a hearing before the director of public
works may, within ten days after the decision was given, appeal such
decision to the city council. The appeal shall be in writing, shall
state the basis upon which the appeal is made, and shall be filed
with the city clerk.
The city council shall hear the appeal within thirty days of
the filing of the request. At the hearing, any person may present
evidence or argument as to whether the newsrack has violated this
chapter. At the next regular meeting of the city council after the
close of the hearing, the council shall render a decision in writing.
Notice of the decision shall forthwith be given to the person who
made the appeal. The decision of the city council shall be final.
(Ord. 1400 § 1, 1982)
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)
