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)
(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)