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 provided under Section 18.25.020 (Definitions "B") 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; Ord. 1202, 12/9/2025)
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)