As used in this Article, "newsrack" shall mean any unattended 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.
No person shall install, use or maintain any newsrack, which newsrack, in whole or in part, rests upon, in or over any public sidewalk or parkway or portion thereof, without a written permit therefor from the Committee on Permits and Licenses. One permit may be issued to include any number of newsracks owned or leased by the permittee.
Applications for permits for newsracks shall be made to the Committee on Permits and Licenses pursuant to the procedure contained in Chapter 8, Article 3 of this Code. The application shall be accompanied by the following:
(1) 
The name, address and telephone number of the applicant.
(2) 
The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the applicant's newsrack.
(3) 
The number of newsracks and the exact proposed location of each.
(4) 
Type or brand of newsrack, including description of the newsrack and mount, if other than K-Jack Style Mounts Model 100.
(5) 
A permit application fee of $25.
(6) 
An annual inspection fee of $25 for each newsrack.
(Ord. 2425 8-3-82; Ord. 04-05 2-17-04)
(1) 
General Provisions. Permits may be issued for the installation of a newsrack or newsracks without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this Article. Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in Section 10-113.
(2) 
Payment of Business Tax. Renewal of the newsrack permit shall be contingent upon payment of the applicable Annual Business Tax as outlined in Section 8-23.6. Failure to complete the required Business Tax Renewal Registration Form will result in the revocation of existing permits.
(Ord. 2348 7-31-79; Ord. 2425 8-3-82)
Each newsrack installed, used or maintained pursuant to this title shall be identified with the name, address, telephone number and permit number of the owner in a manner so as to be clearly visible.
(Ord. 2425 8-3-82)
(1) 
General Placement of Newsracks. All newsracks installed, used or maintained on a public sidewalk or parkway, or portion thereof, shall not exceed thirty inches in width by twenty-four inches in thickness by sixty inches in height and, subject to the provisions of Section 10-117 below, shall be located with its back against a building or wall adjacent to the sidewalk, or in an area of the sidewalk or parkway no closer than one foot or farther than three feet from the curb line.
(2) 
Installation and Maintenance.
(a) 
Stands for newsracks shall be single-pedestal, K-Jack Style Mounts Model 100 or equivalent. All news vending machines must be in accordance with standards on file in the office of the City Transportation Engineer.
(b) 
Mounts shall be bolted in place in accordance with specifications provided by the Public Works Department and only at such locations designated by the City Transportation Engineer.
(c) 
Newsracks shall carry no advertising, except the name of the newspaper or periodical being dispensed on the bottom one-third or bottom six inches, whichever is less, of the hood.
(d) 
Newsracks shall be maintained in good working order at all times, freshly painted and with unbroken hoods.
(e) 
Sidewalk restoration shall be accomplished as follows:
1. 
The breaking of existing sidewalk structures for the purpose of installing newsracks shall be done in such a manner as to do the least amount of damage to the remaining sidewalk structure and shall be done with approved equipment designed for that purpose.
2. 
Portland Concrete Cement sidewalks shall be replaced with the thickness of that removed; but in no case less than four inches and shall be of the same color and texture of the adjoining sidewalk.
3. 
All sidewalk reconstruction work required as a result of the installation of newsracks by the permittee shall conform to the Standard Specifications for Public Works Construction (1982), Section 303-5.
4. 
The permittee is responsible for the installation of newsracks. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of said newsracks shall be repaired immediately by and at the expense of the permittee. Failure to make required repairs shall result in City forces undertaking to make such repairs. The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation.
(Ord. 2160 11-20-73; Ord. 2425 8-3-82; Ord. 2439 5-17-83; Ord. 96-21 9-24-96)
No person shall install, use, or maintain any newsrack pursuant to said permit which shall:
(1) 
Project onto, into or over any part of the roadway of any public street or alley open to vehicular traffic, or rest wholly or in part upon, along or over any portion of the roadway of any public street or alley open to vehicular traffic;
(2) 
Be attached to any parking meter, traffic signal, fire hydrant, street light, power pole, sign post, tree or refuse container;
(3) 
Be placed within five feet of any marked crosswalk;
(4) 
Rest within five feet of any hydrant, fire call box, police call box, or other emergency facility;
(5) 
Rest within five feet of any driveway;
(6) 
Rest within five feet ahead of, and fifteen feet to the rear of any sign marking a designated bus stop;
(7) 
Rest within five feet of any bus bench;
(8) 
Restrict the clear space for the passageway of pedestrians to less than six feet;
(9) 
Be placed within three feet of any area improved with lawn, flowers, shrubs or trees; or within three feet of any display window of any building abutting the sidewalk or parkway or in such a manner as to impede or interfere with the reasonable use of such window display purpose;
(10) 
Be placed within one hundred fifty feet of another newsrack containing the same newspaper or periodical, except where separated by a street or corner; nor facing another newsrack, divided only by the width of a sidewalk or pedestrian walk.
(Ord. 2425 8-3-82)
The number of newsracks at a particular corner, intersection or other location shall not exceed five. Any variance of this limitation resulting in an increase or decrease in the number of authorized newsracks at any particular location shall be determined by the City Transportation Engineer, subject to the following standards:
(1) 
Sufficient clear space for the safe passage of pedestrians requiring amendment of the preceding limitation of six feet;
(2) 
The width of the sidewalk prohibits the installation of newsracks;
(3) 
Density of pedestrian traffic necessitates fewer newsracks than the authorized number indicated. It is the purpose of this Section to provide maximum public access to all publications of general interest and circulation. Since available space is limited and recognizing that there is considerable public demand for publications of current concern, in determining which publication vending machines shall be issued a permit to remain in a particular location the City Transportation Engineer shall be guided by the priorities indicated in Section 10-118.1.
(Ord. 2348 7-31-79; Ord. 2425 8-3-82)
(1) 
First priority shall be given to publication vending machines used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County pursuant to the procedures set forth in the Government Code, Section 6020, et seq.
(2) 
Second priority shall be given to publication vending machines used for the sale of daily publications published at least five or more days in a calendar week which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
(3) 
Third priority shall be given to publication vending machines used for the sale of weekly publications, at least one publication having been published in a calendar week which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
(4) 
Subject to the priorities listed, any publication not deemed to fall under the definitions of the above classes shall constitute a miscellaneous category and shall be eligible on a "first come, first served basis" to secure remaining available newsrack space pursuant to this Article.
(Ord. 2425 8-3-82)
(1) 
Any newsrack installed, used or maintained in violation of the provisions of this Article may be subject to removal and storage by the City Transportation Engineer. Such officer shall take steps to notify the owner thereof and request compliance within thirty calendar-days prior to removal. At any time within said thirty-day period an administrative hearing to challenge the existence of a violation may be requested by the owner. Failure to request the hearing shall result in removal and storage of the newsrack(s) by the City Transportation Engineer at any time after the expiration of the thirty-day period.
(2) 
If the owner requests a hearing as provided in paragraph (1) above, said hearing shall be scheduled within five days of the request and shall be administered by the Public Works Director or designee. The owner shall have thirty days from the date of any adverse ruling which may result from the hearing to comply with the provision(s) specified in the ruling. If after thirty days from the date of decision the owner has failed to comply with the provision(s) of this Article cited in the decision, the subject newsrack(s) shall be removed and stored by the City Transportation Engineer;
(3) 
The cost of removal and/or storage by the City Transportation Engineer of any newsrack subject to this Article shall be chargeable as a civil debt to the owner thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. In addition, the newsrack(s) in question shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of Section 2-199.1 of this Code.
(Ord. 2348 7-31-79; Ord. 2425 8-3-82; Ord. 96-21 9-24-96)
Permit holders of newsracks located within the City on the effective date of the ordinance codified in this Article shall have six months from said date to comply with the provisions of this Article; thereafter, any newsracks not in compliance shall be subject to removal by the City Transportation Engineer as provided in this Article.
(Ord. 2425 8-3-82)
Permits issued by the Committee on Permits and Licenses for any newsrack or newsracks may be suspended or revoked by the Committee at any time for continued or repeated violation or infraction of any rule, direction or regulation of the Public Works Director, or for violation of any ordinance of the City or law of the State of California. The procedure for such suspension or revocation shall be that set forth in Sections 8-46 through 8-47 of this Code.
(Ord. 2144 7-17-73; Ord. 2348 7-31-79; Ord. 96-21 9-24-96)