Editor's Note: Prior legislative history includes prior
code §§ 3700 – 3717, as amended by Ordinances
224 and 272. The earlier legislation was superseded by Ord. 04-694,
but not specifically repealed.
a.
The
city is characterized by dense development, linear commercial areas,
narrow sidewalks and a high volume of pedestrian and vehicular traffic.
By way of example, the traffic flow on Santa Monica Boulevard is approximately
50,000 vehicle trips per day, operating at service levels E and F
at peak hours; traffic flow on Sunset Boulevard is approximately 60,000
vehicle trips per day, and on Melrose Avenue it is about 30,000 vehicles
trips per day. The city is also characterized with a relatively steady
stream of pedestrians. By way of example at the intersection of La
Cienega and Santa Monica Boulevards there are approximately 205 pedestrians
on average per hour. At the intersection of Fountain and La Brea Avenues
there are approximately 177 pedestrians per hour on average. A complete
listing of pedestrian counts can be found in the Bicycle and
Pedestrian Mobility Plan approved by the city in 2003. Most
of the city's streets are at ultimate build-out, meaning that neither
street nor sidewalk can be widened. Many of the commercial and residential
buildings in the city are constructed directly adjacent to the sidewalk,
limiting the area available for safe pedestrian passage. The city's
1.9 miles of hotels, nightclubs, design showrooms, and entertainment
venues hosts millions of visitors a year, many of whom must walk from
their parking spaces to access the various businesses.
b.
Substantial
growth in the number of newspapers and other publications utilizing
news racks in the city has produced a significant proliferation in
the number of news racks installed in the public rights-of-way, many
of which are not in compliance with city standards, are poorly maintained,
of inconsistent appearance, abandoned and detrimental to the overall
appearance of the city streetscape. These news racks compete for space
on the city's narrow sidewalks with parking meters, utility poles,
above-ground utility structures and bicycle facilities, all of which
add to pedestrian congestion.
c.
The
city has a substantial interest in promoting the health, safety, welfare
and convenience of its residents and visitors, and to assure compliance
with the Americans with Disabilities Act by ensuring that public streets,
sidewalks and rights-of-way are not unreasonably obstructed by news
racks, and that news racks are properly maintained and promote the
aesthetic goals of the city. The city's General Plan, Objective 5.6,
calls for maximizing and improving the operating efficiency and safety
of the existing circulation system.
d.
The
placement of large numbers of individual news racks in scattered locations
on public rights-of-way presents an inconvenience and a danger to
the safety and welfare of persons using the rights-of-way (including
pedestrians, children, the aged, persons entering and leaving vehicles
and buildings, drivers, persons performing essential utility, traffic
control and emergency services, and persons with disabilities), contributes
to visual clutter and places a strain on the city's limited code enforcement
resources.
e.
After
inquiry and study by the city's Public Facilities, Recreation, and
Infrastructure Commission, the City Council determines that the most
effective way to reduce the hazards and visual blight of news racks
while assuring distribution of a variety of printed material in the
public rights-of-way is to employ a more systematic approach to the
distribution of written matter on public rights-of-way by prohibiting
the use of individual news racks outside of news rack corral systems
where they are available, allowing news racks to be installed in corrals,
and providing an equitable method of allocating space in those corrals
to interested publications.
f.
In
view of the relatively small size, dense development and crowded pedestrian
areas of the city, the City Council seeks to provide for the proper
and efficient maintenance and intended use of public rights-of-way
while also leaving open adequate means of distribution of newspapers
and other publications in public places. Nothing in this chapter affects
the placement of news racks on private property, or the sale or distribution
of newspapers and other publications by other means.
g.
The
regulations provided in this chapter will improve the aesthetics of
the city, promote the health, safety, and welfare of citizens and
visitors of the city, improve the flow of pedestrian traffic, and
support the continuing revitalization and redevelopment of commercial
areas within the city. The regulations provided in this chapter will
encourage the distribution of written material in a manner that will
promote safety while not discouraging free speech.
h.
This
chapter is narrowly tailored to further the city's substantial governmental
interests in aesthetics and public safety.
i.
The
city's streets and sidewalks have immemorially been held in trust
for the entire public. Consistent with the First Amendment to the
United States Constitution, the city has the authority to regulate
news racks to further its significant interests in aesthetics and
public safety. The city recognizes the historic use of the public
streets and sidewalks to circulate written matter and intends that
this chapter be interpreted and applied in a manner consistent with
the constitutional rights of publishers and residents. Accordingly,
the city finds that these competing interests require a reasonable
accommodation that can be achieved through the following time, place,
and manner of regulation of the distribution of newspapers and other
publications in news racks located on the public rights-of-way.
(Ord. 04-694 § 1, 2004; Ord. 23-09 § 36, 2023)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
shall mean any individual news rack unit either within or
outside a corral system that does not contain the publication specified
therefor for more than eight consecutive days for a daily publication,
sixteen consecutive days for a weekly publication, thirty-two consecutive
days for a biweekly publication, thirty-two days for a monthly publication,
and sixty-four days for a bimonthly publication. Any news rack unit
identified as abandoned shall be posted as such for a seven-day period.
If the abandonment has not been remedied, the publishing entity shall
lose its place in the corral system, as provided herein.
means an opaque device, which serves to obscure the lower
two thirds of any material displaying harmful matter.
shall mean a grouping of individual news rack units within
a multi-publication distribution system that are fully contained within
a city-approved three-sided structure supported by legs that are bolted
directly to the paved surface, installed or used for the display,
sale or distribution of newspapers, other periodicals or advertising
circulars. Each news rack unit must house only one publication and
have a door that is sized to fit and display such individual publication.
The number of news rack units in a corral news rack system shall be
established by the city.
shall mean any unstaffed, self-service or coin-operated box,
container, storage unit or other dispenser installed, used or maintained
for the display, sale, or distribution of newspapers, other periodicals
or advertising circulars.
shall mean any sidewalk, pedestrian street or path, bike
path, parkway, public street or highway located within the city.
shall mean the person or any other legal entity distributing
publications in an individual news rack unit in a corral news rack
system in a public right-of-way. The terms "publishing entity" or
"publisher" may be used interchangeably throughout this chapter.
shall mean that portion of a street improved, designed or
ordinarily used for vehicular travel.
shall mean any service area that is designed and ordinarily
used for pedestrian travel.
(Ord. 04-694 § 1, 2004)
The provisions of this chapter are in addition to the provisions of Title 5 of this code pertaining to business licensing.
(Ord. 04-694 § 1, 2004)
The city may install corral systems at locations determined
by the city and described in a map to be maintained by the city.
Individual publishers that are assigned spaces within the corral
news rack system pursuant to the provisions of this chapter shall
provide the news rack units to be placed solely within the corral
system, be mounted to the pavement, be of the type and in the positions
as designated by the Director of Transportation and Public Works.
Corral news rack systems and the news rack units within the corral
news rack systems shall be the exclusive unattended means by which
newspapers, other periodicals and advertising circulars may be distributed
in the public rights-of-way. Individual news racks outside of corral
news rack systems are prohibited.
News racks legally existing and permitted prior to the adoption
date of the ordinance codified in this chapter and not moved or changed
since adoption of said ordinance, may remain in place until such time
that a corral news rack system is installed within a one-block area
of the legally existing news rack. Existing individual news racks
that remain in place shall renew their existing news rack permit annually
and maintain the policy of insurance existing on December 20, 2004
until they are assigned a location in the corral news rack system.
The city may install corral news rack systems and require the
removal of existing individual news racks in phases. Individual news
racks existing on the effective date of this chapter may remain in
place until the owners thereof are notified by the city that the news
rack must be removed and placed within the corral news rack system
within fifteen days after having been notified by the city.
Publishers may apply to the city to add a new location for installation
of a corral news rack system. Applications will be considered by the
Public Facilities, Recreation, and Infrastructure Commission and the
City Council. Criteria for the application that could be considered
include:
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Public Safety
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Hazards
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Sidewalk width and existing uses
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Pedestrian safety
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Visibility issues related to pedestrians and motorist
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Handicap accessibility and mobility
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Aesthetics
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Demand
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Distance to other corral news rack systems
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Number of existing news racks or corral news rack systems
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The back and sides of corral news rack system shall contain
no exterior advertising, graphics or lettering or any kind except
location and geographic identification or other branding for the City
of West Hollywood.
(Ord. 04-694 § 1, 2004; Ord. 23-09 § 37, 2023)
a.
Placement Within a Corral News Rack System. Publishers that
wish to distribute their publications in a corral news rack system
shall file an application to do so on a form prepared by the city,
which shall identify the desired location and number of news rack
units. The application shall be submitted to the Director of Transportation
and Public Works.
In the event there is inadequate space for all of the publications
applying for a particular location, then spaces within the corral
news rack system will be assigned based upon the following priority
system.
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First priority shall be given to publications that
do not have an assignment in the corral news rack system location
and/or have had an existing legally permitted news racks located within
one block or three hundred feet of the corral news rack system prior
to installation of the corral news rack system.
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Second priority shall be given to publishers of
daily publications (distributed at least five days per week).
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Third priority shall be given to publishers of
newspapers, other periodicals or advertising circulars distributed
on a weekly basis (one day per week).
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Fourth priority shall be given to all other publishers.
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The Director of Transportation and Public Works, or
his or her designee, shall assign the remaining spaces within a particular
priority group for which there are insufficient spaces by placing
the names of remaining applicants into a container from which the
names shall be drawn, one at a time until the spaces have been filled.
Such drawing shall be open to the public at a time and date designated
by the Director of Transportation and Public Works.
No publisher assigned a space within a corral news rack system
may be assigned a second space in the same corral news rack system
unless no other eligible publisher has applied for the space. In no
event shall the content of the publication be considered in making
priority determinations; however, nothing herein shall prevent the
city from utilizing blinder racks for adult-oriented publications.
Notwithstanding the foregoing, a publisher will be assigned space
for at least one news rack unit.
The application shall be accompanied by a fee prescribed by
resolution of the City Council.
b.
Position within a Corral News Rack. The Director of Transportation
and Public Works, or his or her designee, shall assign the position
within the modular news rack at a particular location by placing the
names of newspapers approved for that location into a container from
which the names shall be drawn, one at a time until the spaces have
been filled. Such drawing shall be open to the public at a time and
date designated by the Director of Transportation and Public Works.
c.
Rental Fee for Location within a Corral News Rack. Publishers
that distribute their newspapers, other periodicals or advertising
circulars in a corral news rack system shall pay to the city periodic
rental fees for each pocket used, at such times, in such manner and
in such amounts as are determined by resolution of the City Council.
In no event shall the fee exceed the costs incurred in erecting, maintaining
and operating the corral news racks and administering the provisions
of this chapter.
Rental fee payments made pursuant to this section are nonrefundable.
d.
Notification of Repairs. The city is responsible for maintaining
the pedestals and corrals in good condition. The publishers distributing
their newspapers, other periodicals or advertising circulars in a
corral news rack system are responsible for maintaining their news
rack units in good condition. If the city has to notify the publisher
that their units are in need of repair, the publisher shall have thirty
calendar days to complete the necessary repairs or the city will remove
said unit.
e.
Notification of Abandonment. Publishers no longer desiring
to use an assigned pocket in the corral news rack system shall notify
the city, and remove their news rack unit. A publisher that abandons
or chooses to move out of a particular corral news rack location shall
be prohibited from distributing its publication in the same corral
news rack or a news rack unit located within one thousand feet of
such corral news rack for a period of six months.
If the publisher abandons or chooses to move out of a particular
corral news rack and has a second existing news rack unit located
within one thousand feet of the corral news rack, the publisher will
be asked to move the second news rack unit into a news rack corral
or remove the second news rack unit entirely.
(Ord. 04-694 § 1, 2004)
Publications in the corral news rack system shall not be displayed
or exhibited in a manner which exposes to public view any of the following:
a.
Any
statements or words describing explicit sexual acts, sexual organs,
or excrement where such statements or words have as their purpose
or effect sexual arousal, gratification or affront;
b.
Any
picture or illustration of genitals, pubic hair, perineums, anuses
or anal regions of any person where such picture or illustration has
as its purpose or effect sexual arousal, gratification or affront;
and
c.
Any
picture or illustration depicting explicit sexual acts where such
picture or illustration has as its purpose or effect sexual arousal,
gratification or affront.
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"Explicit sexual act" as used in this section, means depictions
of sexual intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, sadism, masochism, or lewd exhibition of genitals,
whether any of the above conduct is depicted or described as being
performed above or between members of the same or opposite sex or
between humans and animals, or other act of sexual arousal, involving
any physical contact with a person's genitals, pubic region, pubic
hair, perineum, anus or anal region.
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(Ord. 04-694 § 1, 2004)
Any publisher aggrieved by a determination made under this chapter
may appeal such determination to the City Council by filing an appeal
in writing with the City Clerk. Upon receipt of an appeal, the matter
shall be scheduled for a regular City Council meeting for consideration
by the City Council. Judicial review of a decision of the City Council
may be sought pursuant to the expedited procedure contained in California
Code of Civil Procedure Section 1094.8.
(Ord. 04-694 § 1, 2004)
All individual news racks on the public right-of-way in the
city shall be removed within fifteen days of notice from the city.
The city may remove any news rack not so removed by the owner thereof
at the owner's expense. After fifteen days' notice, the city may also
remove at the owner's expense any news rack installed after the effective
date of this chapter. Upon removal, the city shall store the news
rack at the publisher's expense for a period of thirty days, and if
the news rack is not claimed during that time period and the appropriate
removal, administrative and storage fees paid, the city may dispose
of the news rack at public auction, with the proceeds applied first
to removal, administrative and storage charges, and the remainder,
if any, then paid into the General Fund of the city. However, the
city may dispose of the news rack in any manner it sees fit, including
negotiating the release of the news rack to the publisher if the city
is of the opinion that such disposal will be more advantageous to
the city than auctioning off the news rack.
(Ord. 04-694 § 2, 2004)
