The purpose of this chapter is to promote the public peace,
health, safety and aesthetics by regulating the placement, design,
appearance and servicing of publication vending machines so as to
protect against:
(1)
The dangers of impairing the vision of motorists and pedestrians,
particularly small children;
(2)
The dangers of unreasonably impeding the flow of pedestrian or vehicular
traffic, including ingress into or egress from any residence or place
of business, or from the street to the sidewalk by persons exiting
or entering parked or standing vehicles;
(3)
Poorly designed and constructed publication vending machines which
are inadequately secured to the underlying foundation, being knocked
down, thrown and windblown onto public streets;
(4)
Neglectful servicing of publication vending machines resulting in
a visual blight on the city's parkways and sidewalks and detracting
from the aesthetics of store window displays, adjacent landscaping
and other improvements;
(5)
Unduly restricting access to the use of poles, posts, traffic signs
or signals, hydrants, mail boxes or locations used for public transportation
purposes; or
(6)
Unnecessary exposure of the city to personal injury or property damage
suits.
(Ord. 1877 § 1, 1994)
As used in this chapter:
means the publisher or distributor, or custodian, clerk,
employee, officer or other person who, as an agent of the publisher
or distributor, has applied for (applicant) or been granted (permittee)
a placement permit pursuant to the provisions of this chapter.
means a device attached to a publication vending machine
which shields from view the lower two-thirds of any material contained
in the publication vending machine.
means a person who has the responsibility of placing, servicing
or maintaining a publication vending machine and/or by collecting
moneys from the machine.
means the director of the city engineer of the city, or the
official exercising the duties of that office as it now exists, or
the designee of such official.
means matter, taken as a whole, which, to the average person
applying contemporary state-wide standards, appeals to the prurient
interest and is matter which, taken as a whole, depicts or describes
in a patently offensive way, sexual conduct and which, taken as a
whole, lacks serious literary, artistic, political, educational or
scientific value for minors.
means any natural person under eighteen years of age.
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 a sidewalk and is
not open to vehicular traffic.
means any individual, firm, partnership or other local entity.
means any self-service or coin-operated box, container, storage
unit or other dispenser installed or used for printed material, including,
but not limited to, newspapers, news periodicals, magazines, books,
pictures, photographs and records.
means that portion of the street generally used for public
use for public vehicular traffic.
means that portion of the street provided for the exclusive
use of pedestrians.
means all that area dedicated to public use for public street
purposes and shall include, but not be limited to, roadways, parkways,
alleys and sidewalks.
(Ord. 1877 § 1, 1994)
(a)
No person shall install, use or maintain any publication vending
machine which projects onto, into or over any part of the roadway
or which rests wholly or in part upon, along or over any portion of
the roadway.
(b)
No person shall install, use or maintain any publication vending
machine on public property in the city without following the procedures
set forth in this chapter.
(Ord. 1877 § 1, 1994)
(a)
No person shall place or permit the placement of a publication vending
machine on any public sidewalk or parkway within the city unless either
the publisher or the distributor of the publication, or the person
placing the machine upon the sidewalk or parkway, has a placement
permit for said machine.
(b)
Placement permits shall be issued for the calendar year. The annual
fee for the permit shall be established by city council resolution.
(Ord. 1877 § 1, 1994)
(a)
All applications for a placement permit shall be submitted to the
director.
(b)
The applications for the placement permit shall include sufficient
information from which the director can readily determine:
(1)
The specific location proposed for placement of each publication
vending machine;
(2)
Whether the design and construction of the publication vending machine(s)
satisfies the requirements established in this chapter; and,
(3)
Whether the method proposed for securing the publication vending
machine(s) to the underlying foundation satisfied the requirements
established in this chapter.
(c)
Upon compliance with the applicable provisions of this section, persons
holding a valid placement permit may propose that additional sites
for publication vending machines on public sidewalks and parkways
within the city be included under the same permit.
(d)
The application shall include a written statement, signed by the
applicant, by which the applicant agrees to indemnify and hold harmless
the city, its officers, councilmembers and employees from any loss,
liability or damage, including expenses and costs for bodily or personal
injury and for property damage sustained by any person as a result
of the installation, use or maintenance of a publication vending machine
within the city.
(e)
Within two weeks after submission of any application, the director
shall either approve the application and issue the requested permit,
or, if the application does not satisfy the requirements of this chapter,
shall reject such application and shall inform the applicant in writing
of the reasons for such rejection.
(Ord. 1877 § 1, 1994)
Any publication vending machine which rests in whole or in part
upon, in or over any public sidewalk or parkway shall comply with
the following standards:
(1)
Each machine shall have display case(s) with a plastic window;
(2)
Each machine shall have automatic coin return(s);
(3)
Each machine shall be constructed of sturdy, corrosive-resistant
materials;
(4)
Each machine shall be placed on a mount which shall be connected
to a permanent pedestal permanently affixed to the sidewalk or parkway
in a manner approved by the director. As an alternative, a mount may
be used for no more than three machines with a single permanent pedestal
permanently affixed in a manner approved by the director and in such
case each publication vending case shall be considered a separate
machine;
(5)
The pedestal shall consist of a steel tube at least sixteen and one-half
inches in length and three inches in diameter;
(6)
The height of the machine shall not exceed fifty-two inches, unless
such machines are to be placed adjacent to a wall or building. The
dimensions of the case shall not exceed twenty-eight inches in width
and eighteen inches in depth; and,
(7)
Each machine shall conform to the director's rules and regulations,
including, without limitation, reasonable design standards.
(Ord. 1877 § 1, 1994)
Any publication vending machine which contains material harmful
to minors shall have a blinder rack attached in such a manner as to
shield from view the lower two-thirds of the material contained in
the machine.
(Ord. 1877 § 1, 1994)
Any publication vending machine which rests in whole or in part upon, in or over any public sidewalk or parkway shall comply with the standards set forth in Sections 13.13.090 through 13.13.120 of this chapter.
(Ord. 1877 § 1, 1994)
No publication vending machine shall be installed, used or maintained:
(1)
Within five feet of any marked crosswalk;
(2)
Within fifteen feet of the curb return of any unmarked crosswalk;
(3)
Within five feet of any fire hydrant, fire call box or other emergency
facility;
(4)
Within five feet ahead and twenty-five feet to the rear of any sign
marking a designated bus stop;
(5)
Within six feet of any bus bench;
(6)
Within ten feet of any transit shelter;
(7)
In any location used, marked or posted for public utility purposes,
public transportation purposes or government use;
(8)
Where placement unreasonably interferes with the use of poles, posts,
traffic signs or signals, mail-boxes or government use;
(9)
Where placement interferes with the reasonable use or utility for
display purposes of any display window of any building abutting the
sidewalk or parkway, but in no event within three feet of such window;
(10)
Within five feet of any driveway;
(11)
Within five hundred feet of an elementary, junior high or high school
site;
(12)
Within intersections, the radius portion of the curbed right-of-way,
in accordance with the city engineering standard design criteria for
sight distance for streets;
(13)
Within one city block of any newsrack or group of newsracks which
are on the same side of the street, whether or not containing the
same issue or edition of the same publication;
(14)
Within five feet of a curb painted blue, pursuant to the provisions
of California Vehicle Code Section 21458;
(15)
Where placement unreasonably interferes with or impedes the flow
of vehicular or pedestrian traffic, but in no event at any location
where the clear space for the passageway of pedestrians is reduced
thereby to less than six feet; or
(16)
Where placement unreasonably obstructs, interferes with or impedes
access to or the use of abutting property, including, but not limited
to, residences, places of business or legally parked or stopped vehicles.
(Ord. 1877 § 1, 1994)
Publication vending machines shall only be placed near a curb
or adjacent to a wall or building. Machines placed near the curb shall
be parallel thereto and shall be situated not less than eighteen inches
nor more than twenty-four inches from the face of the curb. Machines
placed adjacent to the wall of a building shall be placed parallel
to such wall with the back not more than six inches from the wall.
Machines exceeding fifty-two inches in height may only be placed adjacent
to a wall or building. No such machine shall be placed or maintained
on the sidewalk or parkway opposite another publication vending machine
or group of such machines, nor in such a manner that prevents pedestrians
from passing freely and without obstruction along any sidewalk or
through any marked or unmarked crosswalk.
(Ord. 1877 § 1, 1994)
No publication vending machine shall be bolted or otherwise
attached to property not owned by the owner of such machine or to
any permanently fixed object, unless the custodian of such machine
has first obtained the written permission of the owner of the object
to which the machine is affixed in the public right-of-way during
the term of the permit; provided, that the installation if made in
conformance with the terms of the permit and of this chapter.
(Ord. 1877 § 1, 1994)
Publication vending machines may be bolted or welded to one
another, provided no more than three such machines may be joined together
in this manner and an area of no less than three feet of clear space
shall separate each group of three or less such machines so attached.
No such machine or group of machines shall weigh, in the aggregate,
in excess of one hundred twenty-five pounds when empty.
(Ord. 1877 § 1, 1994)
Any publication vending machine which rests in whole or in part
upon, in or over any public sidewalk or parkway shall comply with
the following standards:
(1)
No machine shall be used for advertising signs or publicity purposes,
except that each machine may have attached to it a single sign panel
no wider than the machine and no more than twelve inches in height
upon which advertising or other information may be displayed;
(2)
Each machine shall be maintained in a clean and neat condition and
in good repair at all times;
(3)
No machine shall be abandoned. A machine shall be deemed to be abandoned
when no new publication has been placed in such machine for a period
of sixty days; and,
(4)
Any person removing or causing the removal of a machine shall be
responsible of any resulting condition, including the filling in of
any holes left in the sidewalk or parkway, such work to be done to
the satisfaction of the director at no cost to the city.
(Ord. 1877 § 1, 1994)
Every person or custodian who places or maintains a publication
vending machine, which in whole or in part rests upon, in or over
any public sidewalk or parkway within the city, shall have his or
her or its name, address and telephone number affixed thereto in a
place where such information may be easily seen by anyone using the
machine, and shall comply fully with the provisions of Section 17570
of the Business and Professions Code of the state of California as
it existed on the effective date of the ordinance codified in this
section or as it may be hereafter amended.
(Ord. 1877 § 1, 1994)
Whenever any publication vending machine is found to be in violation of this chapter, the director shall cause a tag to be attached to said machine specifying the date and nature of the violation. Within three working days, a written notice of said violation shall be sent by certified mail, return receipt requested by the director to the custodian whose name appears on the publication vending machine as provided in Section 13.13.140. The custodian shall, within ten working days from the date on which the tag was attached, either cause the violation to be corrected or request a hearing pursuant to Section 13.13.190 hereof.
(Ord. 1877 § 1, 1994)
The director shall cause any publication vending machine to
be impounded:
(1)
Where its installation, use or maintenance immediately endangers
the safety of persons or property and it is impractical to move such
machine to another legally permitted location; or
(2)
Where its installation, use or maintenance unreasonably interferes
with or impedes the flow of vehicular or pedestrian traffic and it
is impractical to move such machine to another legally permitted location;
or
(3)
Where its installation, use or maintenance unreasonably interferes
with the use of poles, posts, traffic signs or signal, hydrants, mail
boxes or other objects legally permitted and it is impractical to
move such machine to another legally permitted location; or
(4)
Where its installation, use or maintenance unreasonably obstructs,
interferes with or impedes access to or the use of abutting property,
including, but not limited to, residences, places of business or legally
parked or stopped vehicles and it is impractical to move such machine
to another legally permitted location; or
(5)
Where its installation, use or maintenance unreasonably interferes
with the public's use and enjoyment of any publicly owned property
or facility; or
(6)
When such machine has been abandoned; or
(7)
When such machine does not have a name, address and telephone number
affixed in a place where such information may be easily seen and the
custodian of such publication vending machine cannot be otherwise
identified; or
(9)
When a hearing and appeal, if filed, have resulted in a final determination
that the violation(s) specified on the tag attached to such machine
has in fact occurred and the custodian has failed to correct such
violation(s) within ten working days from the date of said determination;
or
(Ord. 1877 § 1, 1994; Ord. 2132 § 1, 2016)
Whenever any publication vending machine is impounded pursuant to Section 13.13.160, a written notice of said action shall be sent by certified mail, return receipt requested to the custodian, if identified, within three working days of such impoundment. The custodian may, within sixty days thereafter, request a hearing as provided in Section 13.13.190.
(Ord. 1877 § 1, 1994)
(a)
Any publication vending machine, together with its contents, which has been impounded pursuant to Section 13.13.160, shall be returned to the custodian:
(1)
Upon receipt of an impound fee which shall be established by city
council resolution; or
(b)
In the event a hearing has not been requested pursuant to Section 13.13.190 hereof within the time permitted following impoundment of any machine, an impound fee of eighty dollars shall be imposed upon the custodian.
(c)
In the event a hearing has not been requested pursuant to Section 13.13.190 hereof within the time permitted following impoundment of any machine and/or the appropriate impound fee has not been paid within sixty days of impound or the hearing, as applicable, the impounded machine shall be considered abandoned and the city shall have the right to dispose of the impounded machine at any time thereafter through sale or any other means and shall have the right to retain any revenue generated by such disposal.
(Ord. 1877 § 1, 1994; Ord. 2132 § 1, 2016)
(a)
Request for Hearing. Any custodian may file a written request with the director for the purpose of demonstrating that a violation, as specified on the tag attached to a machine pursuant to Section 13.13.150 herein, has not in fact occurred.
(b)
Notice of Hearing. Within five working days after the date on which
the request for hearing is received, the director shall set a hearing
date and shall notify the custodian by first-class mail of the date,
time and place of said hearing. Unless agreed to otherwise, said hearing
shall occur not less than five and not more than ten working days
from the date of the mailing of the notice.
(Ord. 1877 § 1, 1994)
The director may promulgate rules and regulations, not inconsistent
with the provisions of this chapter, which he or she deems necessary
to properly exercise his or her jurisdiction. All such rules and regulations
shall be kept in the office of said director and a copy thereof shall
be furnished to any applicant upon request.
(Ord. 1877 § 1, 1994)
The director may authorize any person or department in the employ
of the city to assist or take over any of the duties or responsibilities
assigned to the director by this chapter.
(Ord. 1877 § 1, 1994)
Notwithstanding any provision of this code, no person shall
be subject to the imposition of criminal liability for any violation
of this chapter.
(Ord. 1877 § 1, 1994)
