The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on the public right-of-way and other public property. The purpose of this chapter is to advance and improve safety and aesthetics by controlling the number, size, construction, placement and appearance of newsracks without restricting the free dispersal of information guaranteed by the constitutions of the United States and this state.
More specifically, the purpose of this chapter is to promote the public peace, health, safety and general welfare by regulating the placement, appearance and servicing of newsracks so as to protect against the dangers of impairing or distracting the vision of motorists and pedestrians; the hazards of unreasonably interfering with or impeding the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or place of business, or access between the street and the sidewalk by persons exiting or entering parked or standing vehicles; unreasonably interfering with the use of public property for its intended purpose, unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for transportation purposes; unsightly structures inconsistent with the intent and purpose of the city's design motif and theme; neglectful servicing of newsracks resulting in visual blight on public right-of-way and other public property threatening the economic base of the city and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements; reduction in value of surrounding property; unnecessary exposure of the city to personal injury or property damage claims.
The city council finds and determines the strong and compelling interests of the public and of newspapers require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter which is designed to accommodate such interests by regulating the time, place and manner of using newsracks. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any newspapers.
(Ord. 98-193, 1998)
For the purposes of this chapter the words set out in this section shall have the following meanings:
Abandonment.
The supply of current newspapers to the newsrack has ceased for a period of more than 75 days.
Enclosure.
Any storage unit enclosing one or more newsracks.
Newspaper.
Any printed periodical or publication intended to be disseminated to the public, and which contains any of the following: news, photographs, articles of opinion, features and advertising.
Newsrack.
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers.
Parkway.
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.
Person.
Any individual, company, corporation, association, business or other legal entity.
Public Property.
Parks, squares, plazas and any and all other real property owned by the city.
Public Right-of-Way.
Any property under the control of the city, and used for public street and related purposes.
Roadway.
That portion of a street improved, designed or ordinarily used for vehicular travel.
Sidewalk.
Any surface provided for the exclusive use of pedestrians.
Street.
All that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.
(Ord. 98-193, 1998)
A. 
Application Required. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in or over any public street or other public property without first obtaining a permit therefor from the city planning division. An amended application for said permit shall be filed with the planning division in the event that newsracks are installed in the city or removed from the city by the applicant subsequent to the issuing of the original permit by the city.
B. 
Submittal Requirements. Applications for permits required by this chapter shall be filed with the planning division upon printed forms to be prescribed and supplied by the city. Each application for a newsrack permit, or amended permit shall be accompanied by an application fee in an amount established by resolution of the city council. Permits shall be renewed on or before the expiration date of the permit, accompanied by the application fee. The application shall be signed by the applicant and shall include the following:
1. 
The name, address and telephone number of the applicant.
2. 
The name, address and telephone number of a responsible person who the city may notify or contact at any time concerning the newsrack.
3. 
The number and exact location(s) of the proposed new and/or existing newsracks.
4. 
The type or brand of the newsrack(s) proposed to be installed or maintained, including the newsrack and mount, and a dimensional graphic depiction of the rack that includes lettering and notation of color(s).
5. 
A site plan that denotes distances between the newsrack and the adjacent applicable curb, street, landscaping, hydrant, building, etc.
C. 
Indemnification. In addition to the permit application, each applicant shall execute a document, approved as to form by the city attorney, agreeing to indemnify and hold harmless the city, its officers, employees and agents against any claim, demand or judgment, (including attorney fees and all costs of defense) for bodily or personal injury and for property damage or other damages sustained by any person as a result of the installation, use or maintenance of any newsrack in the city.
D. 
Validity Period. Each permit shall be valid for a period of five years and may be renewed pursuant to subsection B of this section. An amended permit shall expire at the time established for expiration of the original permit.
E. 
Approval or Denial. The planning manager shall approve, conditionally approve or deny an application within 14 days of the date upon which a complete new, renewed or amended application has been submitted. The planning manager shall approve any application which meets the standards and criteria set forth in this chapter. Such application may be approved either in whole or in part, when more than one location is proposed by the applicant.
1. 
If an application does not meet the standards and criteria set forth in this chapter, the planning manager shall deny the permit. Upon any denial, the planning manager shall notify the applicant in writing of the specific basis of such denial. Denial of an application shall be without prejudice to amend such application.
2. 
The decision of the planning manager to approve or deny an application shall be final unless an appeal is filed as set forth in this section.
3. 
Any applicant who has been granted or denied a permit pursuant to the provisions of this chapter may file an appeal with the city council pursuant to procedures outlined in title 1, chapter 6 of this code. A written appeal shall be filed with the city clerk within 10 days of mailing or personal delivery of a notice of denial. The written appeal shall specifically set forth the grounds for the appeal. The appeal shall then be placed on the agenda for the next available regular meeting of the city council. The city council shall hear the applicant or a designated representative, receive any relevant information and documents, and act on the appeal at that meeting. The decision of the city council shall be final.
F. 
Inspections. Newsrack installations shall be subject to inspections by the city to verify compliance with all the provisions of this chapter.
(Ord. 98-193, 1998; Ord. 22-0355 § 6)
A. 
A newsrack permit issued under this chapter may be modified or revoked for failure to comply with the provisions of this chapter, including, but not limited to, the following actions:
1. 
Alteration of the approved location or design of a newsrack.
2. 
Placement of additional newsrack(s) without obtaining a permit from the city.
3. 
Failure to properly maintain a newsrack in appearance and function, including the owner's identification information.
4. 
Discontinuation of the supply of newspapers to the newsrack for more than 75 days from the date last supplied.
B. 
A hearing to determine whether or not an existing permit should be modified or revoked shall be initiated by a written statement of charges initiated by the public works director or designee.
C. 
Notice of the hearing on the charges shall be mailed by certified or registered mail or personally delivered to the permittee at least 14 days before the hearing. Hearings need not be conducted according to technical rules relating to evidence and witnesses.
D. 
Within 30 days after the conclusion of the hearing, the hearing officer shall adopt and issue a written decision. The decision shall contain a determination of the issues presented. Notice of the decision shall be mailed by certified or registered mail or personally delivered to the permittee.
E. 
The decision of the hearing officer is final unless an appeal is filed as set forth in subsection 8-5-3(E) of this chapter.
(Ord. 98-193, 1998)
A. 
Zoning Districts. Newsracks are permitted solely within the following land use zones within the city: C-2, C-3, TRC, REC, PO, I and M. Newsracks are prohibited on public rights-of-way in residential land use districts.
B. 
Roadways—Prohibitions. No person shall install, use or maintain any newsrack which projects onto, into or over an part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway.
C. 
Prohibited Areas of Sidewalks and Parkways. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicles, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of cleaning machinery.
D. 
Sidewalks and Parkways. Any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway shall comply with the following standards:
1. 
Location. Newsracks shall only be placed near a curb or adjacent to the wall of a building or the property boundary.
a. 
Newsracks placed near the curb shall be placed parallel thereto and no less than 18 inches nor more than 24 inches from the edge of the curb. Curbside newsracks are prohibited in locations adjacent to parallel parking spaces, and where adjacent to diagonal or perpendicular parking spaces are limited to a maximum of two racks per tier centered on the width of a space.
b. 
Newsracks placed adjacent to the wall of a building/property boundary shall be placed parallel to such wall and not more than eight inches from the wall, and shall not be placed closer than two feet from any display window, view window, or access doorway on the same building frontage of any building abutting or near the sidewalk or parkway, nor in such manner as to impede or interfere with the reasonable use of such window for display purposes.
2. 
Orientation. Newsracks shall face the sidewalk.
3. 
Dimensions. Newsracks shall not exceed 48 inches in height, except that tiered newsracks adjacent to a building wall may extend to 60 inches in height. Other newsrack dimensions shall not exceed 30 inches in width or 24 inches in depth.
4. 
Attachment to Permanent Objects. Newsracks shall not be chained, bolted or otherwise attached to any permanently fixed object unless on a location-specific basis, an allowance is granted in the permit process for anchoring of a newsrack to the public sidewalk using a bolt system. The location of any newsrack to be bolted to the sidewalk must be approved by the public works director or designee, and the approval to bolt down the newsrack(s) shall be noted in the newsrack permit.
5. 
Attachment to Other Newsracks. Newsracks may be placed, chained or otherwise attached to one another.
6. 
Weight. No newsrack, or group of attached newsracks, allowed under subsection (D)(5) of this section shall weigh, in the aggregate, in excess of 125 pounds when empty.
7. 
Passageway. No newsrack shall be installed or maintained at any location whereby the clear space for the passageway of pedestrians and wheelchairs is reduced to less than five feet.
8. 
Prohibitions. In the interests of aesthetics, the protection of public safety, and the preservation of adjacent property values, while also providing for public right-of-way and other public property maintenance activities, newsracks shall not be installed, used or maintained:
a. 
Parallel to curbs colored red;
b. 
Within five feet of:
i. 
Any marked crosswalk,
ii. 
The curb return of any unmarked crosswalk,
iii. 
Any fire hydrant, fire department sprinkler connection, fire or police call box or other emergency facility,
iv. 
Any driveway,
v. 
Any sign marking a designated bus stop,
vi. 
Handicap ramp,
vii. 
Any pedestrian bench,
viii. 
Any publicly owned lawn, flowers, shrubs or trees;
c. 
Within 15 feet of another curbside cluster of newsracks.
9. 
Handicapped Accessibility. The placement of all newsracks in the city shall comply with all local and state handicapped accessibility regulations.
10. 
Advertising. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purpose of the newspaper sold therein.
Unless a subsequent and conflicting design standard is adopted by the city council, signage on newsracks, in addition to operating instructions and city required permit data, shall be limited to lettering that identifies the publication within, does not exceed two inches in height, is of a single color, and is restricted to locations that are centered on the front and side panels of the newsrack.
11. 
Maintenance. Each newsrack shall be maintained in clean and neat condition and in good repair at all times.
12. 
Design Review Committee Criteria. Newsracks shall conform to any criteria developed by the design review committee and adopted by the city council, such as design, materials, color and lettering.
13. 
Abandonment. Newsracks shall not be abandoned as per section 8-5-2 of this chapter.
E. 
Identification. Every person who places or maintains a newsrack upon, in or over a public right-of-way or other public property within the city shall have his or her or its name, address, telephone number affixed thereto in a place where such information may be easily seen and shall comply fully with the provisions of the Business and Professions Code section 17570.
F. 
Litter. Newsracks shall be of a design and construction which prevents the release or escape of contained newspapers so as to avoid litter generation. Wire mesh or other racks with an open face design are prohibited.
G. 
Waiver. A waiver from one or more standards may be obtained from the planning division. In order for the planning division to grant such a waiver it must be demonstrated that the proposed newsrack location would not impair or preclude the visibility of pedestrians or vehicle drivers, would not interfere with emergency services functions, and would not reduce the clear area for pedestrian passage to a width less than five feet. The planning division may only issue a permit involving deviation from standards if the public works director specifically approves such deviation, and the approval is included in the permit. The decision of the public works director is final.
H. 
Site Restoration. Any permittee removing a newsrack from any public right-of-way or other public property shall immediately remove all material from the site, and shall immediately restore the site to at least the condition which existed prior to the placement or installation of the newsrack, including complete restoration of any sidewalk is required.
(Ord. 98-193, 1998; Ord. 21-0347 § 4; Ord. 22-0355 § 7)
A. 
Upon a determination by the public works director or designee that a newsrack is installed, placed, maintained or abandoned in violation of the provisions of this chapter, the director shall notify the person designated pursuant to section 8-5-3(B)(1) of this chapter that:
1. 
The newsrack is in violation of the provisions of this chapter for reasons set forth in said notice; and
2. 
The owner must within 10 days of receipt of notice either: (a) correct the violation(s), or (b) request in writing that the city manager set a hearing within five days thereafter to determine upon sworn testimony whether the newsrack violates the provisions of this chapter; and
3. 
If the owner does not correct the violation or remove the newsrack or request a hearing within 10 days of receipt of notice, the city shall remove and store the newsrack.
B. 
After complying with the notice requirements provided for in subsection A of this section, the public works director shall remove the newsrack unless the owner corrects the violation, removes the newsrack or requests the hearing within the time period prescribed in subsection A of this section. If the hearing officer determines at said hearing that the newsrack violates the provisions of this chapter, the permittee shall, within 24 hours after the decision, remove the newsrack.
C. 
The public works director shall store the newsrack in any convenient place. The owner of the newsrack may reclaim the newsrack within 30 days of its removal by identifying him or herself, showing evidence of ownership and paying the expenses of removal and storage. Upon failure of the owner, following notice, to claim such newsrack or matter and pay the expenses of removal and storage within 30 days after such removal, such newsrack or matter shall be deemed to be unclaimed property in possession of the city and may be disposed of pursuant to law.
D. 
In the case of violation of this chapter relative to restrictions upon attachment of newsracks to property or fixed objects other than that owned by the owner of the newsrack and restrictions upon location of newsracks, the public works director may, as an alternative to removal, remove such attachment and/or move such newsrack in order to restore it to a legal condition, and thereafter the permittee shall be notified of such correction and shall pay the cost thereof.
E. 
Upon and at the time of removal of a bolted newsrack, the owner shall repair the sidewalk to its original condition. If such repair is not timely and adequately completed, then the public works director shall perform such repair not long thereafter and the owner shall pay the cost thereof within 30 days after such correction.
F. 
Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety or welfare of the public, may be summarily removed and stored in a convenient location by the public works director, so as to eliminate the danger to the health, safety and welfare of the public. Upon removal of said newsrack, the public works director shall notify the permittee of the removal, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a hearing, if desired. Upon failure of the owner, following notice, to claim such newsrack or matter and pay the expenses of removal and storage within 30 days after such removal, such newsrack or matter shall be deemed to be unclaimed property in possession of the city and may be disposed of pursuant to law.
(Ord. 98-193, 1998)
A. 
Existing newsracks shall comply with provisions of this chapter within 90 days from its effective date.
B. 
Newsracks shall comply with any design criteria adopted by the city council within six months from the effective date of adoption.
C. 
An enclosure shall substantially conform to the requirements of this chapter as to newsrack size and location, and to any design standards per section 8-5-5(D)(12) of this chapter; an enclosure shall also be subject to the procedural requirements as for newsracks.
(Ord. 98-193, 1998)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction of any such violation such person shall be punished as provided in section 1-3-3 of this code.
(Ord. 98-193, 1998; Amd. 2001 Code)