A. 
The City Council finds the following:
1. 
The proliferation of newsracks in the City has created public safety hazards by interfering with the unobstructed flow of pedestrian and vehicular traffic; and
2. 
The proliferation of newsracks has obstructed necessary access to poles, posts, traffic signs, hydrants, bus benches, mailboxes and similar items located in the public right-of-way; and
3. 
The improper removal of newsracks leaves exposed bolts as hazards in the sidewalk; and
4. 
Many newsracks in the City are unpermitted, unsightly and create blight; and
5. 
Many newsracks in the City are located in areas frequented by minors, are unattended, and contain materials which are harmful to minors.
B. 
The purpose of this chapter is to promote the public health, safety and welfare of persons in the City through regulation of the placement, appearance, number, size and servicing of newsracks and other displays of publications so as to:
1. 
Protect the right to distribute information protected by the United States and California Constitutions.
2. 
Provide for pedestrian and vehicular safety and convenience.
3. 
Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress into or egress from any place of business or residence, from the street to the sidewalk, or from parked vehicles to the sidewalk.
4. 
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances, and access to locations used for public transportation purposes.
5. 
Reduce visual blight in public places, encourage well-designed and aesthetically compatible newsracks and protect the aesthetics and value of surrounding properties.
6. 
Reduce exposure of the City to personal injury or property damage claims and litigation.
7. 
Prevent the exposure of minors to harmful matter.
(Prior code § 11C-1)
Notwithstanding any other provision of this Code, the following definitions shall control and prevail as to this chapter.
Block.
One side of a street between two consecutive intersections.
City Clerk.
The City Clerk of the City of Paramount or designee.
Code.
The Paramount Municipal Code.
Corner.
The apex of the curb at the intersection of two roadways.
Director.
The Planning Director of the City of Paramount or designee.
Driveway.
That portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.
Encroachment.
Any obstruction, structure or object of any kind or character not particularly mentioned in this Code which is placed in, along, under, over, or across any public right-of-way or public property.
Height.
That dimension measured from the level surface upon which the object stands, to the highest protrusion in a vertical line.
Highway.
Any public highway, public street, roadway, public way, or public place in the City, either owned by the City or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.
Modular newsrack.
An attached group of two or more newsracks supported by a pedestal.
Newsrack.
Any self-service, coin-operated, or slug-operated box, container, storage unit, or other dispenser installed, used or maintained for the display and sale or free distribution of newspapers, news periodicals, commercial publications or other publications.
Person.
A person or persons or entity, including, but not limited to, a corporation, partnership, unincorporated association, or joint venture; or a principal, officer, agent, clerk or employee of such person or entity.
Public.
Any person as defined by this Code other than duly authorized agents of the City and includes the United States and the State of California.
Public place.
Any place open to the public, including public property and private property such as stores, shops and shopping centers.
Public right-of-way.
Pathways exclusive of private property, including roadways, highways, sidewalks, and similar pathways.
Roadway.
That portion of highway improved, designed, or ordinarily used for vehicular travel.
(Prior code § 11C-2; Ord. 1198, 4/22/2025)
No person shall install, maintain or place a newsrack, or place any publications in a newsrack on any public right-of-way or public place unless and until a newsrack permit for that newsrack has been obtained from the Director.
(Prior code § 11C-3)
A. 
Every newsrack permittee shall permanently affix to each newsrack located on or projecting over any portion of the public right-of-way or public property a City-issued permit decal or other decal as approved by the Director containing the following:
1. 
The permittee's name, address and telephone number as required by Business and Professions Code Section 17570, which information shall not exceed a single area of 12 square inches; and
2. 
The permittee's valid newsrack permit number as issued by the Director.
B. 
The City-issued permit decal shall be placed on the newsrack in a location designated by the Director.
(Prior code § 11C-4)
A. 
Upon proper application, the Director shall issue the applicant a newsrack permit. A separate permit shall be required for each newsrack.
B. 
A newsrack permit application shall include the following information:
1. 
The name, address and telephone number of the applicant;
2. 
The address and telephone number of a responsible person whom the City may notify or contact at any reasonable time concerning the newsrack;
3. 
The names and frequency of publications to be contained in the newsrack;
4. 
The type or brand of newsrack, including a description of the newsrack and supporting or enclosing structure;
5. 
A site plan showing the exact location of the newsrack and supporting or enclosing structure, and sufficient information to determine that the location complies with the provisions of this chapter;
6. 
A statement by the applicant agreeing to be financially responsible for the repair of any damage caused by the removal or installation of the newsrack;
7. 
A statement by the applicant indemnifying and holding the City harmless from any loss, liability, damage or injury, including expenses and costs, to persons or property resulting from the installation, use or maintenance of the newsrack.
C. 
An application for a new newsrack permit which is complete, in compliance with the provisions of this chapter, and for a location at which space is available shall be approved on a first-come, first-served basis. If more applications are filed simultaneously than can be accommodated at a specific location, priority shall be determined by lottery. Additional lotteries may be conducted as needed.
D. 
No fee shall be required for the issuance of a newsrack permit.
E. 
A newsrack permit shall be valid for one year and shall be renewable annually. If a newsrack has not been installed during the permit period, the newsrack permit shall be considered to have expired and a new application shall be required.
F. 
If a newsrack permit application is denied, such denial shall be in writing, setting forth the reasons for denial. The applicant may appeal such denial as provided in Section 5.20.110.
(Prior code § 11C-5)
The following standards apply to any newsrack located wholly or partially in, or within specified distances of, any public right-of-way or public property.
A. 
Location. No newsrack shall be placed, installed, used or maintained in any of the following locations:
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 call box, police call box, or other emergency facility;
4. 
Within five feet of any driveway;
5. 
Within five feet ahead of, and 15 feet to the rear of any sign or pavement markings marking a designated bus stop, measured parallel to the flow of traffic;
6. 
Within five feet of any bus bench;
7. 
Within five feet of any blue marked curb designated for access by disabled persons;
8. 
At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet or the minimum path of travel as required by California disability legislation and the Americans with Disabilities Act;
9. 
Outside 50 feet from a corner;
10. 
Within any portion of the roadway;
11. 
Within any setback area required under applicable development regulations for that zone;
12. 
Within a parkway;
13. 
Where the newsrack causes, creates or constitutes a traffic hazard;
14. 
Where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;
15. 
Where the newsrack will endanger persons or property;
16. 
Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the public right-of-way;
17. 
Mid-block on the public right-of-way in any zone.
B. 
Number.
1. 
No more than eight newsracks shall be allowed at any corner.
2. 
Stacking of newsracks is allowed up to two rows.
C. 
Installation.
1. 
No newsrack shall be chained, cabled or tethered to any property, including another newsrack, or to the ground.
2. 
No newsrack shall be bolted or otherwise attached to any property not owned by the owner of the newsrack without the permission of the owner of the other property.
3. 
Newsracks shall be bolted to the sidewalk or a concrete footing under pavers, tiles, or similar surfaces as the case may be; provided that the owner of the newsrack restores the sidewalk, pavers, tiles or similar surfaces to their original condition upon removal of the newsrack.
4. 
No newsrack shall be bolted to a raised concrete or other type of footing placed solely for the purpose of elevating the newsrack.
D. 
The Director may make such changes in any application for a newsrack permit as in his or her opinion are necessary for the protection of the public right-of-way, public property, or for the prevention of undue interference with vehicular or pedestrian traffic. The Director shall provide applicant with a written explanation of such changes.
E. 
An applicant may appeal the decision of the Director pursuant to subsection D as provided in Section 5.20.110.
(Prior code § 11C-6)
The following standards are applicable to any newsrack located in the public right-of-way.
A. 
Design.
1. 
Each newsrack shall be a pedestal style, either of the KJ-50 series as manufactured by K-Jack or the TR-49-16 as manufactured by Sho-Rack, or substantially similar thereto. Newsracks on the upper row of stacked modular newsracks shall be the Sho-Rack TK-98 model or an equivalent type.
2. 
More than one newsrack unit at a location shall be grouped as a modular newsrack sharing a common tray and pedestal or pedestals. The number of pedestals shall be minimized to reduce clutter while providing appropriate structural support to the newsracks.
3. 
The color of any newsrack shall be "Green," as identified by Sho-Rack or an equivalent color as allowed by the Director.
B. 
Dimensions.
1. 
Single Row. No single row modular newsrack or individual newsrack shall exceed the following: 42 inches in height, measured from the surface of the sidewalk or ground to the top surface of the newsrack; or 17.5 inches in depth. No newsrack unit within a modular newsrack or an individual newsrack shall exceed a width of 25 inches.
2. 
Double Row. No double row modular newsrack shall exceed the following: 52 inches in height, measured from the surface of the sidewalk or ground to the top surface of the upper newsrack; or 17.5 inches in depth. No newsrack unit within a modular newsrack shall exceed a width of 25 inches.
C. 
Orientation. Newsracks shall be placed so the rear of the newsrack cabinets are no less than 12 inches or more than 18 inches from the edge of a curb. The newsrack opening shall not face the roadway.
D. 
Appearance and Maintenance.
1. 
No newsrack shall display or contain publications not for distribution by the newsrack permittee.
2. 
No newsrack shall display advertising or public notices other than a logo or similar information identifying the publication, which information shall be limited to a height of five inches on the bottom one-third of the front side of the newsrack.
3. 
No logos or similar information identifying the publication shall be allowed on the sides of the newsracks.
4. 
Each newsrack shall be maintained in a clean and neat condition, free from dents, rust, graffiti, dirt, grease, chipped, faded or peeling paint, corrosion, cracks, blemishes, discoloration or etching, and similar conditions.
5. 
Each newsrack shall be in working order at all times, free from broken, missing or damaged parts.
6. 
Any repairs to the newsrack shall restore the newsrack to its original condition and color.
7. 
Upon removal of a newsrack, the location shall be restored to its original condition prior to installation of the newsrack.
(Prior code § 11C-7)
A. 
Location. No newsrack shall be placed, installed, used, or maintained in any of the following locations:
1. 
Within any setback area required under applicable development regulations for that zone;
2. 
At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet or the minimum path of travel as required by California disability legislation and the Americans with Disabilities Act;
3. 
Where the newsrack will endanger persons or property;
4. 
Within vehicle circulation areas, parking areas, or loading areas;
5. 
Within landscaped planters.
B. 
Design.
1. 
Each newsrack displayed in outdoor areas shall be of a decorative style and sturdy design. Wire racks are not considered decorative.
2. 
Newsracks displayed in outdoor areas shall be a color complementary to the surroundings.
C. 
Appearance and Maintenance.
1. 
Each newsrack shall be maintained in a clean and neat condition, free from dents, rust, graffiti, dirt, grease, chipped, faded or peeling paint, corrosion, cracks, blemishes, discoloration or etching, and similar conditions.
2. 
Each newsrack shall be in working order at all times, free from broken, missing or damaged parts.
3. 
Any repairs to the newsrack shall restore the newsrack to its original condition and color.
4. 
Upon removal of a newsrack, the location shall be restored to its original condition prior to installation of the newsrack.
(Prior code § 11C-8)
A. 
The City may immediately correct any violation of Section 5.20.060, 5.20.070, or 5.20.080 and shall do so without impounding the newsrack, if such correction can be accomplished simply, easily, quickly, and without expense to the City.
B. 
The City may immediately impound any newsrack located or placed in violation of this chapter if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense to the City.
C. 
The City may immediately impound any newsrack placed in violation of Section 5.20.030 or 5.20.130.
D. 
If a newsrack is impounded, notice of such action and the right to request a hearing in accordance with Section 5.20.110 shall be mailed to the permittee or owner of such newsrack, if known, within five working days after such action.
E. 
If a newsrack is found in violation of this chapter but not immediately impounded, the City may notify the permittee or person maintaining the newsrack, either by mailing notice to the address of record on the permit application, or by affixing notice to the newsrack, stating that unless the violation is corrected or a hearing requested within seven days of the date of the notice, the newsrack will be impounded.
F. 
The City may impound any newsrack in accordance with the decision of any hearing requested pursuant to this chapter.
(Prior code § 11C-9)
A. 
Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee or claimant who provides sufficient proof of ownership of an impounded newsrack may, within 30 days after the impounding or, if a hearing is held as provided herein, within 30 days after the decision from such hearing becomes final, retrieve the newsrack and its contents. An impound fee of the greater of $200.00 or the actual cost of impounding each newsrack shall be paid prior to release of the newsrack and its contents.
B. 
The Director may, after a hearing pursuant to Section 5.20.110, order the newsrack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order the return of any such impound fee.
C. 
If an impounded newsrack is not returned to the owner in accordance with the provisions of this chapter, the City may dispose of the newsrack and its contents, and deposit the proceeds, if any, along with any money contained in said newsrack, in the City treasury.
(Prior code § 11C-10)
A. 
Request for Hearing. Any permittee or person maintaining a newsrack found in violation of this chapter may, within seven days of the date of notice of the alleged violation, submit a written request for a hearing before the Director. Such request shall be submitted to the City Clerk.
B. 
Stay Pending Decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom.
C. 
Conduct of Hearing.
1. 
A hearing shall be held, unless continued by mutual agreement of the applicant and the Director, within five working days of the date of the request for a hearing.
2. 
Formal rules of evidence shall not apply at the hearing. Oral and written evidence may be submitted by either party as to whether the newsrack was in violation of this chapter, and whether the newsrack should be returned without payment of impound fee.
D. 
Decision. A written decision shall be rendered within five working days after the close of the hearing. If such decision upholds the action by the City, the decision shall include the following:
1. 
The section violated;
2. 
Evidence supporting violation of the section;
3. 
If the newsrack has not been impounded, the number of days within which the permittee may correct the violation;
4. 
Notice that if the violation is not corrected within the time stated, the newsrack permit shall be revoked and the newsrack impounded;
5. 
Notice that the decision may be appealed to the City Council as provided in Section 5.20.120.
(Prior code § 11C-11; Ord. 1198, 4/22/2025)
A. 
Appeal.
1. 
Any person who requested a hearing pursuant to Section 5.20.110 may, within five days of the date of notice of the hearing decision, submit a written appeal to be heard before the City Council.
2. 
The written appeal request shall be submitted to the City Clerk.
3. 
The appeal shall state the legal and factual basis upon which the appeal is based.
B. 
Stay Pending Appeal. A timely appeal of the hearing decision shall operate to stay the impounding or other action required by the hearing decision until five working days after a final decision by the City Council is rendered.
C. 
Action by City Council. At the next feasible regular City Council meeting after timely receipt of the appeal, the City Council shall conduct a public hearing on the appeal.
D. 
Effective Date of City Council Action. Action taken by the City Council on appeal pursuant to this section shall be effective two working days after said action is taken.
(Prior code § 11C-12)
A. 
Publications that are harmful to minors as defined in Penal Code Section 313 may only be located in the following public places:
1. 
In a public place from which minors are excluded.
2. 
In a newsrack or otherwise in a public place that is both immediately supervised by an adult and that has blinder racks in front of the materials so that the lower two-thirds of the material is not exposed to view.
B. 
Publications distributed from newsracks or that are placed or maintained in any public place not supervised by an adult, other than a public place from which minors are excluded, shall not contain harmful matter as defined in Penal Code Section 313.
C. 
The display of material harmful to minors in a public place immediately supervised by an adult, other than a public place from which minors are excluded, shall have blinder racks in front of the materials so that the lower two-thirds of the material is not exposed to view.
(Prior code § 11C-13)
Upon the effective date of this chapter, existing permitted newsracks shall be deemed in compliance with the provisions of Sections 5.20.060 through 5.20.080 until the later of 180 days or the expiration of the existing permit. Upon application for renewal, permittee shall comply with the provisions of this chapter.
(Prior code § 11C-14)
Violation of any section in this chapter is subject to the penalty provisions in the Paramount Municipal Code as well as any and all remedies otherwise authorized by law.
(Prior code § 11C-15)