The provisions of this article apply to any temporary encroachment
within the street right-of-way for storage of construction materials
which is limited to a period not to exceed thirty consecutive calendar
days.
(Prior code § 7109.01)
When a building permit is required under Title 15 of this code
for the construction of a swimming pool, the applicant shall first
apply for a temporary encroachment permit. The city engineer shall
notify the chief building official when the temporary encroachment
permit has been issued.
(Prior code § 7109.02)
The temporary encroachment permit shall specify the time and
manner in which encroachments will be allowed and all restrictions
and safety measures required to protect the public health, safety
and welfare.
(Prior code § 7109.03)
If any of the provisions of the permit are violated, the city engineer shall immediately take all actions necessary to protect the public health, safety and welfare. The city engineer shall keep an accurate record of the cost of such actions, and such costs shall be deducted from the deposit required in Section 12.12.250 of this title. If such costs are in excess of the required deposit, the city engineer shall notify the permittee, in writing, of such amounts that are required, and the permit shall be suspended until the permittee has deposited with the city engineer the required amount to once again establish the deposit required by Section 12.12.250. The city engineer shall also notify the chief building official of the city of any suspension of the temporary encroachment permit.
(Prior code § 7109.04)
A.
Findings.
The city council of the city of Pico Rivera finds and declares that:
1.
The
uncontrolled placement and maintenance of newsracks in the public
right-of-way can constitute a threat to public health, safety and
welfare by interfering with and obstructing the use of the public
rights-of-way and by offending community aesthetic sensibilities and
adversely affecting tourism which is one of the major sources of economic
viability of the community.
2.
The
city council recognizes, however, that the use of such rights-of-way
is so historically associated with the sale and distribution of newspapers
and news periodicals that access to those areas for such purposes
should not be absolutely denied. The city council further finds that
these strong and competing interests require a reasonable accommodation
which can be satisfactorily achieved only through the means of this
article, which is designed to accommodate such interests by regulating
the place and manner of using such newsracks.
B.
Purpose.
The purpose of this article is to promote the public health, safety
and welfare through the regulation of placement, appearance, number,
size and servicing of newsracks on the public rights-of-way so as
to:
1.
Protect
the right to distribute information protected by the United States
and California Constitutions, through the use of newsracks.
2.
Provide
for pedestrian and driving safety and convenience.
3.
Ensure
no unreasonable interference with the flow of pedestrian or vehicular
traffic, including, but not limited to, 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, mail boxes, and similar
appurtenances, and access to locations used for public transportation
purposes.
5.
Minimize
and repair the damage done to sidewalks or streets resulting from
newsracks encroaching within the public rights-of-way.
6.
Allow
trees and other landscaping to grow without disturbance.
7.
Protect
Minors. It is necessary to protect minors from viewing harmful matter
that may be located in the city's public right-of-way, sidewalks or
other public property.
8.
Reduce
visual blight on the public rights-of-way, encourage well-designed
and aesthetically compatible newsracks and protect the aesthetics
and value of surrounding properties.
9.
Reduce
exposure of the city to personal injury or property damage claims
and litigation.
10.
The regulation of the distribution of newspapers and other publications
dispensed in newsracks as set forth in this article provides the least
intrusive and burdensome means for ensuring the purposes stated in
this section are carried out while still providing ample opportunities
for the distribution of news and other printed matter to the residents
of the city.
C.
Preservation
of Constitutional Rights. It is not the intent of this article to
in any way discriminate against, regulate, or interfere with the publication,
circulation, distribution, or dissemination of any printed material
that is constitutionally protected.
(Ord. 1109 § 2, 2017)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context or the provision clearly requires otherwise:
shall mean any newsrack which contains no printed material
supplied by the newsrack permittee for fourteen consecutive calendar
days, except that a newsrack remaining empty due to a labor strike
or any temporary and extraordinary interruption of distribution or
publication by the newspaper or other publication distributed from
that newsrack shall not be deemed abandoned.
shall mean the city manager or his or her designee.
shall mean the director of public works.
has the same meaning as that term is defined in Section 12.04.170 of this code.
means a city owned and maintained, modular receptacle inside
which one or more privately owned newsracks may be placed. The newsrack
encasement shall be large enough to accommodate a newsrack, which
complies with the standards of this article, be permanently affixed
to the ground or the side of a wall or other structure and be of a
design which is architecturally compatible with the surrounding area.
for purposes of this article, means a right-of-way owned
by the city or any other public entity or public utility.
has the same meaning as that term is defined in Section 12.04.230 of this code.
for purposes of this article, means that portion of a highway,
other than the roadway, set apart by curbs, barriers, markings or
other delineation for pedestrian travel.
has the same meaning as that term is defined in Section 12.04.240 of this code.
(Ord. 1109 § 2, 2017)
No person shall place or cause to be placed a newsrack on public
right-of-way unless such person obtains a newsrack permit and complies
with all requirements of this article.
(Ord. 1109 § 2, 2017)
A.
General.
A newsrack permit is applicable only for the newsrack(s) and location(s)
described in the permit.
B.
Duration.
A newsrack permit shall be valid for three years from the date of
issuance.
C.
Permit
Application. Applications shall be filed with the director or designee,
upon a form provided by the director and 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 applicant's
newsracks. Contact information must be updated by the applicant within
ten days of any change;
3.
The
number of proposed newsracks and the names and frequency of publications
to be contained in each newsrack, including any existing newsracks;
4.
Type model and design of newsrack, including a photograph and a description of the newsrack and supporting structure that complies with Section 12.32.100;
5.
A site plan showing the exact locations of each newsrack and supporting structure, and sufficient information to determine that the locations complies with Section 12.32.110;
6.
A copy of the policy or a certificate of the comprehensive general liability insurance policy pursuant to Section 12.32.090(B); and
7.
A written statement that the applicant will indemnify the city pursuant to Section 12.32.090(A).
D.
Review
of Permit Application. The director or designee, shall review each
application to determine whether each proposed newsrack complies with
the requirements of this article. The director or designee, shall,
within thirty days of receipt of the permit application, either issue
a newsrack permit or deny the application, in whole or in part, and
notify the applicant in writing of the decision. If the application
is denied, this notification shall include an explanation of the reasons
for denial. A denial may be appealed in accordance with this article.
The authorization for any newsrack included in a newsrack permit shall
be of no further force and effect if that newsrack becomes an abandoned
newsrack. In issuing a permit for a particular site, the director
or designee, shall be guided solely by the standards and criteria
set for in this article. In any case where the director or designee,
disapproves of a particular site, such disapproval shall be without
prejudice to the applicant who may designate a different location
or locations and resubmit an application.
E.
Newsrack
Permit Renewal. Applications for renewal shall be filed with the director
or designee, upon a form provided by the director and 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 applicant's
newsrack(s). Contact information must be updated by the applicant
within ten days of any change;
3.
The
number and location of all newsracks and the names and frequency of
publications to be contained in each newsrack;
4.
A copy of the policy or a certificate of the comprehensive general liability insurance policy pursuant to Section 12.32.090(B); and
5.
A written statement that the applicant will indemnify the city pursuant to Section 12.32.090(A).
F.
Amendments. A newsrack permit may be amended from time to time upon application for an amendment containing the information described in subsection C, for each additional newsrack or location to be the subject of the permit. The director or designee, shall review such applications in accordance with subsection D.
G.
Encroachment Permits. A newsrack permit issued pursuant to this article shall operate as an encroachment permit and no separate permit pursuant to Section 12.04.020 of this code shall be required.
H.
Fees.
No newsrack permit shall take effect until payment by the applicant
of a newsrack permit fee as adopted by the city council. The fee adopted
by the city council shall include the costs of processing the permit
applications, amendments and renewals, as well as the costs of maintaining
newsrack encasements and enforcing this article. The director or designee,
shall also require a bond or other form of security in an amount reasonably
necessary to ensure removal of each newsrack authorized by the newsrack
permit in the manner required by this article.
I.
Permit
Not a Bar to Enforcement. The issuance of a newsrack permit under
this article shall not prevent the city from subsequently enforcing
this article, if a violation is later found to exist.
J.
Where two or more publications seek the same location for a newsrack and there is insufficient space at the location to accommodate all such publications, the director shall allocate newsrack permits in accordance with Section 12.32.110(B)(3) and (4).
K.
Applications
for a new newsrack location may be denied if there is a vacant and
available newsrack space within an existing group of newsracks within
five hundred feet.
L.
If
a permit for a newsrack is not renewed or a permit has been revoked
by the city because of a failure to comply with the provisions of
this article, the city shall send a written notice to those applicants
who have requested, in writing, to be notified of any locations for
which permits are available, and the date by which any applications
for such permit should be submitted.
(Ord. 1109 § 2, 2017)
A.
Indemnification.
Every newsrack permit holder shall agree, prior to the effectiveness
of the newsrack permit, to indemnify and hold harmless the city, its
officers, agents, elected and appointed officials, employees, affiliated
public agencies and volunteers from and against any and all claims,
demands, lawsuits, causes of action, losses, costs or expenses for
any damage due to death or injury to any person and injury to any
property, arising from the installation, operation or use of such
newsrack; provided, however, that such obligation to indemnify and
hold harmless the city, its officers and employees shall not extend
to any loss, liability damage or cost resulting from the acts or property
of another.
B.
Liability
Insurance. Each newsrack permit holder shall also include a copy of
the policy or a certificate of the comprehensive general liability
insurance with coverage limits of not less than one hundred thousand
dollars. Such insurance shall name on the policy or by endorsement
as an additional insured the city of Pico Rivera, its officers, employees
and agents. Insurance coverage must be maintained for the duration
of the newsrack placement. Proof of insurance coverage as specified
in this subsection must be verified by the city prior to issuance
of a newsrack permit.
(Ord. 1109 § 2, 2017)
A.
Newsrack
Models. Newsracks shall be substantially equivalent to the KJ50/KJ55F,
KJ125/150 (as manufactured by "K-Jack"), or similar make or model
as determined by the director, or designee, consistent with the provisions
of this section.
B.
Size
Requirements. No newsrack shall be installed in a public right-of-way
that does not meet the approved newsrack dimensions of not more than
fifty-four inches high including the pedestal measured from the ground
to the top surface of the newsrack including any coin mechanism, not
more than two feet deep and not more than thirty inches wide.
C.
Dangerous
Design Prohibited. The design of a newsrack shall not create a danger
to the persons using the newsrack in a reasonably foreseeable manner.
D.
Installation
Standards. All newsracks shall be pedestal mounted and shall be permanently
affixed to the ground, except as permitted under this article. Newsracks
shall not be chained or otherwise attached to a bus shelter, bench,
street light, utility pole or sign pole, to any other single or modular
newsrack, or to any tree, shrub or other plant.
E.
Compliance
with the Americans with Disabilities Act. It is intended that the
provisions of this article shall be interpreted and applied consistent
with accessibility standards of the Americans with Disabilities Act
of 1990, P.L. 101-336, as amended.
F.
Color
Requirements. The color of all newsracks shall be black.
G.
Advertising. A newsrack may display the logo or name of the publication it offers for distribution. A newsrack must also display the identification label required by Section 12.32.120(D) of this article. No other advertising or displays are allowed on the exterior of a newsrack.
(Ord. 1109 § 2, 2017)
A.
Location
Standards. Newsracks shall comply with the following standards:
1.
Permissible
Locations. Newsracks shall only be placed near a curb or adjacent
to the wall of a building. The back of newsracks placed near the curb
shall be placed no less than eighteen inches nor more than twenty-four
inches from the edge of the curb. The back of newsracks placed adjacent
to the wall of a building shall be placed parallel to such wall and
not more than six inches from the wall. No newsrack shall be placed
or maintained on a sidewalk or parkway opposite another newsrack or
a kiosk which distributes primarily newspapers, periodicals, or other
publications.
2.
Roadways
and Streets. No person shall install, stock, or maintain any newsrack
which projects onto, into or over any part of the roadway or street
of any public right-of-way, or which rests, wholly or in part, upon,
along or over any portion of a roadway or street.
3.
Prohibited
Locations. No newsrack shall be placed, installed, used or maintained:
a.
Within ten feet of any marked or unmarked crosswalk as measured from
the curb return;
b.
Within five feet of any fire hydrant, fire callbox, police callbox,
or other emergency facility;
c.
Within five feet of any driveway;
d.
Within five feet of any bus bench;
e.
Within five feet of any red curb of a bus stop zone;
f.
Within five feet of any blue curb or a disabled parking zone;
g.
In such a manner as to obstruct pedestrian or driver views of traffic
signs or oncoming traffic;
h.
At any location where the clear space for the passage of pedestrians
is reduced to less than six feet;
i.
In such a manner as to impede or interfere with the reasonable use
of any commercial window display;
j.
Within fifteen feet of the curb return of any wheelchair curb ramp
not in a marked crosswalk;
k.
Within three feet of or on any public area improved with lawn, flowers,
shrubs, trees or other landscaping, art or monument;
l.
In such a manner as to unreasonably obstruct or interfere with access
to or the use and enjoyment of abutting property;
m.
Facing another newsrack across the width of a public sidewalk or
pedestrian way; and
n.
Placed or maintained on a sidewalk or parkway directly opposite to
any door or entry of any building.
4.
Other
Prohibited Locations. No person shall install, stock, or maintain
any newsrack which in whole or in part rests upon, in or over any
sidewalk, when such installation, use or maintenance results in any
of the following: (a) endangers the safety of persons or property;
(b) is in a location used for public utility purposes, public transportation
purposes or other government use; or (c) unreasonably interferes with
or impedes the flow of pedestrian or vehicular traffic, including
handicapped access, the ingress into or egress from any residence,
place of business, or the use of poles, posts, traffic signs or signals,
hydrants, postal service collection boxes or other objects permitted
at or near such location.
5.
The
director or designee, may identify the location within the city, typically
identified as a block or blocks of a particular street, requiring
additional controls for newsracks, beyond the requirements set forth
in this section, including, but not limited to, the following: (a)
visual blight, clutter and litter problems associated with poorly
maintained, improperly located or abandoned newsracks; and (b) the
unique aesthetic and historical attributes of a particular area.
B.
Limitations
on the Number of Permitted Newsracks Per Block.
1.
Newsracks
shall be placed next to each other in groups. A newsrack group shall
consist of not more than three newsracks and the newsrack group shall
not measure more than nine linear feet measured between the outer
most edges of the newsracks. The director or designee shall determine,
consistent with the purposes of this article and the standards herein,
the particular location of the newsrack group within a particular
block on a location-by-location basis.
2.
No more than one newsrack group consisting of not more than three newsracks shall be permitted on each side of the street per block. For purposes of this section, "block" shall have the same meaning as Section 18.04.124 of this code.
3.
In
determining which newsracks shall be permitted to be located or remain
at a specific location, the director or designee, shall be guided
solely by the following criteria:
a.
First priority shall be given to newsracks used for the sale of daily
publications (those published for five or more days in a calendar
week).
b.
Second 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).
c.
All other newsracks shall be given lowest priority.
4.
In the event that 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 utilizing the criteria set forth in subsection (B)(3), then the director or designee, shall assign the space or spaces at random by placing 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 newsracks spaces have been filled. Such drawing shall be open to the public at a time and date designated by the director or designee.
C.
Use
of Newsrack Encasements. Where a newsrack encasement has been provided
by the city at a given location, and there is available space in that
newsrack encasement, no newsracks may be installed outside of the
newsrack encasement on the same block as the encasement.
(Ord. 1109 § 2, 2017)
A.
Regular
Maintenance Required. Each newsrack shall be maintained in a neat
and clean condition and in good repair at all times. For example,
without limitation, the newsrack shall be reasonably free of dirt
and grease, be reasonably free of chipped, faded, peeling or cracked
paint, be reasonably free of rust and corrosion, have no broken or
cracked plastic or glass parts, free of graffiti and have no broken
structural parts.
B.
Adhesive Labels Prohibited. Adhesive labels, other than city issued identification/approval labels and advertising permitted pursuant to Section 12.32.100(G) of this article shall not be displayed on newsracks.
C.
Coin-Return
Mechanisms. Each newsrack which requires the deposit of money to obtain
the publication shall be equipped with a coin-return mechanism to
permit persons using the machine to secure a refund in the event they
are unable to receive the publication paid for. The coin-return mechanism
shall be maintained in good working order.
D.
Contact
Information. Every permit holder shall have his or her name, current
address, and telephone number updated within ten days of any changes
and permit number affixed to it in a place where such information
will be readily visible and shall include, with such identification,
instructions on how to receive a refund in the event of coin-return
malfunctions.
E.
Upon
the removal of a newsrack, the public right-of-way shall be returned
to its original condition including, but not limited to, the refilling
of holes installed for purposes of securing the newsrack within forty-eight
hours of removal. Any bond or security furnished to the city in connection
with a newsrack permit shall be returned to the newsrack owner upon
removal of a newsrack in accordance with this section.
(Ord. 1109 § 2, 2017)
Notice Required. Before any newsrack is removed, the owner shall
be provided notice of the violation and intent to remove the newsrack.
Written notice by first class mail to the address shown on the newsrack
permit shall constitute adequate notice. If no newsrack permit can
be found for the newsrack, posting of the notice on the newsrack alone
shall be sufficient. The notice shall list the code sections violated
and shall provide the owner fourteen days from the date of the notice
to remedy the violation or file a request for reconsideration. The
notice shall state the address and location to file an appeal of the
notice of violation.
(Ord. 1109 § 2, 2017)
A.
Removal
of newsracks is permitted under the following:
1.
Following the issuance of the notice of violation, the person responsible for the newsrack has: (a) not timely filed a request for hearing pursuant to Section 12.32.190(A); and (b) has not timely remedied the violation within the time specified in the notice of violation.
2.
In accordance with a decision of the director of community and economic development or designee issued pursuant to Section 12.32.190(B) and no timely request for appeal was filed pursuant to Section 12.32.190(C).
3.
In accordance with a decision of the city manager or designee issued pursuant to Section 12.32.190(C). The city may remove the subject newsrack fourteen days after the date of the decision.
4.
Summary Removal for Dangerous Newsracks. Notwithstanding the provisions of Section 12.32.130, prior notice of removal is not required where the newsrack is deemed to pose a dangerous and hazardous condition to pedestrians or vehicles. The city shall, within five days of removing said newsrack, provide notice and an opportunity to request a hearing pursuant to Section 12.32.190(A) regarding the removal of the newsrack.
B.
Recovery
of Removed Newsracks. Removed newsracks shall be retained and may
be recovered by the owner within thirty days of their removal. The
owner shall pay an impound fee covering the actual cost to the city
of removing, transporting, and costs to repair the public right-of-way.
The city shall also be entitled to a separate storage fee for storing
said newsrack. Newsracks which are not claimed after thirty days shall
be deemed permanently abandoned and shall be disposed of by the city
in any lawful manner. If a bond or other security has been filed with
the city in connection with a newsrack that has been removed, said
bond or security shall be paid to the city of Pico Rivera for the
cost of removal and repair of the public right-of-way, if applicable.
No recovery fee shall be required of an owner of a newsrack for which
the city has recovered a bond or other security; however, the city
shall be entitled to a separate storage fee as established by the
city.
C.
City
Recovery of Costs. The cost of investigating, removing and storing
newsracks under this section shall be chargeable as a civil debt to
the owner thereof and may be collected by the city in the same manner
as it collects other civil debts or obligations, provided, however,
that no costs shall be chargeable for any amount recovered by the
city pursuant to a bond or other security filed in connection with
a newsrack.
D.
Remedies
Cumulative. The enforcement and abatement provisions provided in this
section are a cumulative remedy and supplement the city's ability
to enforce this provision under other procedures specified in this
code. Abatement under this section does not constitute a defense to
any proceedings which may be employed simultaneously pursuant to the
general provisions of this code. Nothing in this article shall be
construed to limit any right or remedy otherwise available in law
or equity to any party harmed by a newsrack, nor shall this article
in any way limit the city's right to enforcement under any other provision
of this code or create a duty or obligation on the part of the city
to enforce this article.
(Ord. 1109 § 2, 2017)
Provided they are not determined to be a danger or hazard to
the public safety, health or general welfare, every newsrack within
the city which does not comply with the provisions of this article,
shall be removed or otherwise brought into conformance within ninety
days of the effective date of the ordinance codified in this article.
(Ord. 1109 § 2, 2017)
A.
Adult material and material which is harmful to minors, as defined in Part 1, Title 9, Chapter 7.6 of the Penal Code (commencing at Section 313), shall not be displayed in a public place other than a public place where minors are excluded, unless a device commonly known as a "blinder rack," or its functional equivalent is placed in front of the material in such a manner that the lower two-thirds of the material is not exposed to public view. For purposes of this section, "adult material" shall mean any material that:
1.
Contains
statements or words describing explicit sexual actions, sexual organs,
or excrement, where such statement or words have as their purpose
or effect, sexual arousal, gratification, or affront; or
2.
Any
picture or illustration of genitals, pubic hair, buttocks, perineum,
anuses, or anal regions of any person; or
3.
Any
picture or illustration depicting sexual acts. Explicit sexual acts
means depictions of sexual intercourse, oral copulation, bestiality,
sadism, masochism, or excretory functions in conjunction with sexual
activity, masturbation, or lewd exhibition of the genitals, where
any of the above conduct is depicted or described as being performed
alone or between multiple persons or between humans and animals, or
other acts of sexual arousal involving any physical contact with a
person's genital, pubic region, pubic hair, buttocks, perineum, anus,
or anal region or breasts.
B.
Newsracks
containing adult material or material which is harmful to minors shall
not be placed or maintained within five hundred feet of any public
or private educational facilities, parks, or religious institutions.
(Ord. 1109 § 2, 2017)
Abandoned newsracks or any newsrack not authorized by a newsrack permit are deemed to be in violation of this article and may be removed by the city as provided in Section 12.32.140.
(Ord. 1109 § 2, 2017)
Any newsrack in violation of this article shall constitute a
public nuisance and may be abated in accordance with applicable provisions
of law.
(Ord. 1109 § 2, 2017)
A.
Any
person maintaining a newsrack found in violation of this article,
or any applicant for a newsrack permit that was denied by the director
or designee, may request a hearing before the director of community
and economic development, or designee, within ten days from the date
of the notice of violation, a notice of summary removal, or notice
that a newsrack permit application was denied. The request shall be
in writing, shall state the basis thereof, and shall be filed with
the director of community and economic development.
B.
The
hearing shall be held within fourteen days of the filing of the request.
At the hearing the parties may present evidence or argument as to
whether the newsrack has been placed, maintained or operated in violation
of this article. Within fourteen days after the close of the hearing,
the director of community and economic development or designee, shall
render a decision in writing and shall give such written decision
to the party requesting the hearing.
C.
The
owner of the newsrack may, within ten days after the date of the director
of community and economic development's or designee's written decision,
appeal such decision to the city manager or designee. The appeal shall
be in writing, shall state the basis upon which the appeal is made,
shall be accompanied by an appeal fee, to be established by the city
council from time to time, and shall be filed with the city manager.
The city manager or designee shall schedule an appeal hearing within
thirty days from the date of the written request for appeal. At the
appeal hearing, the parties may present evidence or argument as to
whether the newsrack was placed, maintained or operated in violation
of this article. Within ten days after the close of the appeal hearing,
the city manager or designee shall give written notice of the decision
to the newsrack owner. The decision of the city manager or designee
on the appeal shall be final.
(Ord. 1109 § 2, 2017)
Any person who violates any provision of this article, or fails to comply with any obligation or requirement of this article, or who fails to comply with any order or notice issued pursuant to the provisions of this article, is guilty of a misdemeanor punishable in accordance with Section 1.20.010 of this code.
(Ord. 1109 § 2, 2017)
