For purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
"Display"
means to show.
"Knowingly"
means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection of inquiry or, the character and content of any material which is reasonably susceptible to examination.
"Newsrack," "newsstand" and/or "similar device"
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, news periodicals, or other publications.
"Parkway"
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 shall also include any area within a roadway which is not open to vehicular travel.
"Person"
means any individual, partnership, firm, association, corporation or other legal entity having custody or control over material or objects subject to this chapter.
"Roadway"
means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Sidewalk"
means any surface provided for the general use of pedestrians.
"Street"
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. 229 § 1, 1994)
A. 
No person shall install or maintain any newsrack, newsstand and/or similar device which projects onto, into or over or otherwise remains on any part of the roadway or parkway of any street.
B. 
No person shall install, maintain or use for the purposes of distributing or selling any publication, any newsrack, newsstand and/or similar device which, in whole or in part, rests upon, in or over any sidewalk, when such installation, maintenance or use endangers the safety of persons or property or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack, newsstand and/or similar device unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near said location.
(Ord. 229 § 1, 1994)
A. 
No person shall install or maintain any newsrack, newsstand and/or similar device which rests, either wholly or in part, upon, along or over any sidewalk without first registering such newsrack, newsstand and/or similar device with the city pursuant to this chapter.
B. 
Registration shall be valid continuously, subject to the following:
1. 
Registration shall not be assignable and shall expire upon a change in ownership of the newsrack, newsstand and/or similar device;
2. 
Registration shall expire if, at any time, the newsrack, newsstand and/or similar device is not utilized for a continuous period of 60 days;
3. 
Registration shall be revoked upon impoundment of any newsrack, newsstand and/or similar device pursuant to the provisions of this chapter.
C. 
The city may revoke the registration of any newsrack, newsstand and/or similar device if the city, in its sole discretion, determines such newsrack, newsstand and/or similar device must be removed from its approved location in order to effectuate or accommodate any change in the street, sidewalk, roadway or parkway, in any public or private infrastructure contained therein, including, without limitation, any utility lines, or in or on any building or structure in the vicinity of such newsrack, newsstand and/or similar device.
D. 
A nonrefundable fee in the amount as established by resolution of the city council, shall be required at the time of application for registration.
(Ord. 229 § 1, 1994)
A. 
Every application for registration must contain the following information:
1. 
Name, address and telephone number of applicant;
2. 
Name, address and telephone number of the owner of the newsrack, newsstand and/or similar device if different from the applicant;
3. 
The exact location of each newsrack, newsstand and/or similar device to be installed and/or maintained;
4. 
Applicants who are publishers or owners of adjudicated publications and newspapers of general circulation pursuant to Division 7, Article 2 of the California Government Code and who wish to be considered as such for purposes of this chapter, must provide proof of such adjudication at the time of application for registration;
5. 
Written statement agreeing to hold harmless and indemnify the city of La Cañada Flintridge and county of Los Angeles for any damage or injury arising out of the placement, installation and/or maintenance of any newsrack, newsstand and/or similar device on any sidewalk in accordance with Section 6.30.090;
6. 
Verification of general liability insurance by certified endorsement, in the amount not less than $250,000 combined single limit per occurrence for bodily injury and property damage. In addition, the policy shall name the city, its officers, agents and employees as an additional named insured;
7. 
A complete description of the newsrack, newsstand and/or similar device to be installed, including manufacturer name, model, dimensions, color, and any unusual, distinctive or unique attributes;
8. 
Photographs, depiction, rendering or drawing of the actual or similar newsrack, newsstand and/or similar device to be installed is encouraged but not required;
9. 
Payment of the registration fee.
B. 
The director of public works shall review all applications for registration and shall determine whether the applicant complies with all requirements and standards as set forth in this chapter. The director of public works may approve or authorize an alternative location for placement of the proposed newsrack, newsstand and/or similar device consistent with the requirements set forth in this chapter. The director of public works shall be guided therein solely by the standards and criteria set forth in Section 6.30.040 hereof. Such application may be granted either in whole or in part when more than one location is proposed by the applicant, and in any event, when denial is solely as to location, the applicant shall be without prejudice to amend such application to state a different location or locations.
C. 
Once an application has been approved and a location has been assigned by the director of public works, said newsracks, newsstands and/or similar devices shall be entitled to remain at the assigned location as long as the registration remains valid and each newsrack, newsstand and/or similar device remains in compliance with the standards set forth in Section 6.30.040 herein. In the event that the owner of a newsrack, newsstand and/or similar device wishes to relocate his or her device to another location within the city, the owner must first re-register and receive written authorization prior to such relocation.
(Ord. 229 § 1, 1994)
Any newsrack, newsstand and/or similar device which, in whole or in part, rests upon, in, or over any sidewalk shall comply with the following standards:
A. 
No newsrack, newsstand and/or similar device, itself, shall exceed 48 inches in height, 30 inches in width and 24 inches in thickness.
B. 
Newsracks, newsstands and/or similar devices shall only be permitted on a sidewalk and shall be placed such that they are along the edge of the sidewalk which is furthest away from the curb and facing the street, parallel to the street or adjacent to the wall of a building, parallel to the wall, facing the street. Newsracks, newsstands and/or similar devices shall be placed no more than three inches from the edge of the sidewalk or wall of a building.
C. 
All newsracks, newsstands and/or similar devices must be securely fastened to the ground or permanent structure in a manner as prescribed by the director of public works.
D. 
Unless expressly authorized in writing by the city, no newsrack, newsstand and/or similar device shall be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack, newsstand and/or similar device, including, but not limited to, other newsracks, newsstands and/or similar devices owned by another, nor shall any newsrack, newsstand and/or similar device be chained or attached to loose objects including, but not limited to, bricks, rocks, cinder blocks, pipes or other such objects.
E. 
Upon the written approval of the director of public works, newsracks, newsstands and/or similar devices may be chained or otherwise attached to one another; provided, that such newsracks, newsstands and/or similar devices are owned by the same individual or entity, however, no more than three newsracks, newsstands and/or similar devices may be joined together in this manner, and a space of no less than 18 inches shall separate each group of up to three newsracks so attached.
F. 
Stacking of newsracks, newsstands and/or similar devices shall be permitted to the extent allowed in accordance with the size and weight restrictions provided in this chapter, however, in no event shall the aggregate height of such stacked newsracks, newsstands and/or similar devices exceed 58 inches above the surface or platform upon which they rest.
G. 
No newsrack, newsstand and/or similar device, or group of attached newsracks, newsstands and/or similar devices allowed under subsections E and F of this section, shall weigh, in the aggregate, in excess of 175 pounds when empty.
H. 
Notwithstanding the provisions of subsection B of this section, no newsrack, newsstand and/or similar device shall be placed, installed, used or maintained:
1. 
Within five feet of any marked crosswalk;
2. 
Within 15 feet of the curb return of any unmarked crosswalk;
3. 
Within five feet of any fire hydrant, fire or police call box, or other emergency facility;
4. 
Within five feet of any driveway;
5. 
Within five feet ahead of, and 25 feet to the rear of any sign marking a designated bus stop;
6. 
Within six feet of any bus bench;
7. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;
8. 
Within three feet of any display window of any building abutting the sidewalk or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
9. 
At any location whereby the newsrack, newsstand and/or similar device obstructs motorists' vision of regulatory or advisory traffic and parking signage or any other location whereby the newsrack, newsstand and/or similar device obstructs motorists' vision of pedestrians;
10. 
Within 50 feet of any other newsrack, newsstand and/or similar device containing the same publication except where there are less than eight newsracks, newsstands and/or similar devices in any location, in which case additional/duplicate newsracks, newsstands and/or similar devices containing the same publication shall be permitted for each available space up to the maximum of eight at any one location. The director of public works in assigning such additional/duplicate newsrack, newsstand and/or similar device at a location where there exists more than one newsrack, newsstand and/or similar device containing the same publication, shall be guided solely by the criteria set forth under subsection K of this section.
I. 
No newsrack, newsstand and/or similar device shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper, publication or news periodical sold therein.
J. 
Each newsrack, newsstand and/or similar device shall be maintained in a clean and neat condition and in good repair at all times.
K. 
No more than eight newsracks, newsstands and/or similar devices shall be located on any street within a space of 200 feet in any direction within the same block of the same street; provided, however, that no more than 16 newsracks shall be allowed on any one block. As used herein, "block" shall mean one side of a street between two consecutive intersecting streets. In determining which newsracks, newsstands and/or similar devices shall be authorized, the director of public works shall be guided solely by the following criteria:
1. 
First priority shall be given to applicants who are able to provide verification that they are publishers or owners of adjudicated publications or newspapers of general circulation in Los Angeles County, pursuant to the procedures set forth in Division 7, Article 2 of the California Government Code.
2. 
Second priority shall be given to newsracks, newsstands and/or similar devices used for the sale of daily publications (those published on five or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation in Los Angeles County.
3. 
Third priority shall be given to newsracks used for the sale of weekly publications (those published on at least one but less than five days in a calendar week) which have not been adjudicated to be newspapers of general circulation in Los Angeles County.
4. 
Fourth priority shall be all other publications.
In the event there is a conflict between publications within the same priority seeking the same location, and there are insufficient newsrack spaces remaining to accommodate the conflicting publications after first filling as many spaces as possible by utilizing the criteria set forth above, then the director of public works shall assign the remaining space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time, until the particular location's remaining number of unfilled newsrack, newsstand and/or similar device spaces have been filled. Such drawing shall be open to the public and conducted at a time and date designated by the director of public works.
L. 
Newsracks, newsstands and/or similar devices must be of the type equivalent to Model K-Jack No. 100 newspaper dispensers or as may be approved in advance, in writing, by the director of public works.
(Ord. 229 § 1, 1994)
A. 
Any newsrack, newsstand and/or similar device installed, used or maintained in violation of the provisions of this chapter shall be tagged with a notice of violation and a letter shall be sent to the last known address of the owner stating the violation, date of tagging, notice of intention to remove the newsrack, news-stand and/or similar device if the violation is not corrected within 30 days, and procedure for obtaining a preremoval hearing before the director of public works, if desired. Where the owner and/or address of the owner is unknown, tagging of the newsrack, newsstand and/or similar device shall constitute sufficient notice of violation.
B. 
Notwithstanding subsection A of this section, in the case of violations of this chapter relative to restrictions upon attachments of newsracks, newsstands and/or similar devices to property other than that owned by the owner, to fixed objects, to each other, or upon unauthorized locations, the director of public works may, at his or her discretion, and as an alternative to tagging, move, align or remove such attachment, or otherwise relocate such newsrack, newsstand and/or similar device in order to restore it to a legal condition.
(Ord. 229 § 1, 1994)
A. 
If any newsrack, newsstand and/or similar device has been tagged and remains in violation of the provisions stated on the tag past the 30 day correction period, and no hearing has been requested, said newsrack, newsstand and/or similar device shall be removed by the director of public works or his or her designate and stored in a place of the director of public works' choosing. The director of public works shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack, newsstand and/or similar device was removed, the reasons therefor, the location and procedure for claiming the newsrack, newsstand and/or similar device and the procedure for obtaining a post removal hearing before the director of public works, if desired. Any such newsrack, newsstand and/or similar device removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage costs therefor. Upon failure of the owner to claim such newsrack, newsstand and/or similar device and to pay the reasonable charges within 45 days after the mailing of the written notice of removal, such newsrack, newsstand and/or similar device shall be deemed to be unclaimed property in possession of the public works department and may be disposed of pursuant to the purchasing and property surplus policies of the city.
B. 
Any newsrack, newsstand and/or similar device in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, newsstand and/or similar device, may be summarily removed and stored in a place of the director of public works' choosing so as to eliminate the danger to the health, safety and welfare of the public. The director of public works shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the newsrack, newsstand and/or similar device was removed, the reasons therefor, the location and procedure for claiming the newsrack, newsstand and/or similar device, and the procedure for obtaining a post-removal hearing before the director of public works, if desired. Any such newsrack, newsstand and/or similar device removed and stored pursuant to this section shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage.
C. 
The director of public works may allow replacement of a newsrack, newsstand and/or similar device removed pursuant to this section but only upon demonstration by the owner, and to the satisfaction of the director of public works, that the replacement will no longer cause, create or otherwise promote the reoccurrence of the danger for which the newsrack, newsstand and/or similar device was removed and that the owner has complied with all requirements of this chapter. This authority shall be exercised within the discretion of the director of public works and shall not be construed to be mandatory.
(Ord. 229 § 1, 1994)
A. 
With the exception of subsections (A), (G), (H)(1), (2), (5), (6), (7), (10), (K) and (L) of Section 6.30.040 as applied to newsracks, newsstands and/or similar devices installed prior to the effective date of this chapter, the provisions of this chapter shall apply to all newsracks, newsstands and/or similar devices whether installed and maintained prior to, on or after the effective date of this chapter. Those newsracks, newsstands and/or similar devices installed prior to the effective date of this chapter shall be brought into compliance with said provisions, excepting subsections (A), (G), (H)(1), (2), (5), (6), (7), (10), (K) and (L) of Section 6.30.040, within 30 days of the effective date hereof. Any newsrack, newsstand and/or similar device not brought into compliance within the aforementioned time period shall be deemed to be in violation of this chapter.
B. 
The director of public works shall have the authority to grant waivers to subsection 6.30.040 (B) but only as it applies to newsracks, newsstands and/or similar devices installed prior to the effective date of this chapter and only in those instances where compliance with the provision would result in the obstruction of pedestrian passageway, create public safety hazards and/or would result in nonconformance with any other provision(s) of this chapter.
C. 
Effective July 1, 1995, no newsrack, newsstand and/or similar device installed prior to the effective date of this chapter, shall be allowed to remain on any street when such newsrack, newsstand and/or similar device fails to comply with any and all provisions of this chapter, including subsections (A), (B), (G), (H)(1), (2), (5), (6), (7), (10), (K) and (L) of Section 6.30.040.
(Ord. 229 § 1, 1994)
Any person who knowingly, willingly or otherwise fails to comply with any provision of this chapter, or who fails to bring any newsrack, newsstand and/or similar device into compliance with any provision of this chapter, shall be in violation of this chapter and shall be guilty of a misdemeanor and any person convicted of such misdemeanor shall be punished by a fine not exceeding $1,000 and/or six months imprisonment.
(Ord. 229 § 1, 1994)
Every person who places or maintains a newsrack, newsstand and/or similar device on a sidewalk in the city of La Cañada Flintridge shall file a written statement with the director of public works whereby he or she agrees to indemnify and hold harmless the city, its officers, agents and employees, and the county of Los Angeles, its officers, agents 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 such newsrack, newsstand and/or similar device.
(Ord. 229 § 1, 1994)
A. 
Any person, following notice or action taken by the director of public works on any provision within this chapter, and within ten days of the date thereof, may appeal any decision of the director of public works. Such appeal shall be in writing, addressed to the public works commission, and shall state the legal and factual basis upon which the appeal is to be based, and shall be timely filed with the city clerk.
B. 
A timely filing of appeal shall operate to stay any pending impounding action directed by the director of public works.
C. 
Upon receipt of the appeal, a hearing will be conducted at the next regular meeting of the public works commission to take and hear testimony from the applicant, staff and interested public. The public works commission may take any of the following actions: (1) grant a stay of the director of public works' decision or action pending further consideration; (2) approve the director of public works' decision and/or directive; (3) refer the matter back to the director of public works with or without instructions; (4) overturn, modify or reverse the director of public works' decision with additional instructions; (5) delegate the matter to another city commission for resolution.
(Ord. 229 § 1, 1994)