Note: Prior ordinance history: Ord. 122.
For the purpose of this chapter, certain words and phrases are
defined as set forth in this section, unless it is apparent from the
context that a different meaning is intended.
means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
and sale of printed material.
means that portion of a street, within the street right-of-way,
other than the roadway and sidewalk.
means any newspaper, periodical, magazine, book, picture,
photograph or other similar matter.
means the city manager or his or her designee.
means that portion of a street improved, designed or ordinarily
used for vehicular travel.
means any surface within a street right-of-way provided for
the exclusive use of pedestrians.
means all the public right-of-way dedicated for public street
purposes and shall include parkways, roadways and sidewalks.
(Ord. 366 § 1 Exh. F,
2007)
Any newsrack installed or maintained which in whole or in part
rests upon, in or over any parkway, street or any property owned or
controlled by the city, or in such a manner as to violate the Americans
with Disabilities Act, except as expressly permitted pursuant to this
chapter is prohibited.
(Ord. 366 § 1 Exh. F,
2007)
A.
No person
shall maintain any newsrack without having registered the newsrack
with the registration authority within one business day after installation
and without otherwise complying with the provisions of this chapter.
Such registration shall be in writing by the owner of the newsrack
or his or her authorized agent, shall be filed with the registration
authority and shall contain the following:
1.
The
name, address and telephone number of the owner of the newsrack and
the name and address of the person to whom any notice pursuant to
this chapter should be given;
2.
The
location where the newsrack has been installed;
4.
An
executed document, approved as to form by the city attorney, by which
the registrant agrees to indemnify and hold harmless the city, its
officers, employees, servants and agents from any claim, demand or
judgment in favor of any person, arising out of the location, installation,
maintenance or removal of the newsrack.
B.
An encroachment
permit shall not be required to install a newsrack on city right-of-way,
in accordance with the requirements of this chapter, if the newsrack
is registered in accordance with this section.
(Ord. 366 § 1 Exh. F,
2007)
A.
Any
newsrack which is installed or maintained pursuant to this chapter
shall comply with the following minimum standards:
1.
The
newsrack must be installed on the sidewalk and shall not overhang
onto the parkway, roadway or private property.
2.
The
height of the newsrack shall not exceed 54 inches measured from the
sidewalk; nor shall it exceed 30 inches in width, and 24 inches in
depth. The base shall not be any larger than the maximum width and
depth of the newsrack.
3.
The
newsrack must have painted metal panels on all four sides. The paint
color must be any primary or secondary color.
4.
The
newsrack must be securely anchored in place on a single or multiple
pedestal-type base, or in a base made of pre-formed concrete. A pedestal-type
base shall be bolted to the sidewalk. A maximum of four newsracks
shall be installed on any one base. The base must be painted black;
provided, however, a pre-formed concrete base may be left in its natural
gray color, unpainted.
5.
Where
the sidewalk is adjacent to the curb, the newsrack must be placed
parallel to a curb with the back of the newsrack at least 12 inches
but no more than 18 inches from the edge of the curb. For all installations,
there shall be at least 48 inches clear path of travel remaining on
the sidewalk to comply with the Americans with Disabilities Act.
6.
Where
there is a parkway adjacent to the curb and the sidewalk adjacent
to the parkway, the back of the newsrack must be placed parallel to
the edge of the sidewalk closest to the parkway.
7.
In
lieu of placing newsracks in accordance with section 5.60.040(A)(5)
and (A)(6), newsracks may be placed on the sidewalk adjacent to the
wall of a building. In this event, the newsrack must be placed with
the back no more than six inches from the wall and there must be at
least 48 inches clear path of travel remaining on the sidewalk. No
such newsrack may be placed or maintained opposite another newsrack.
8.
Newsracks
may be placed next to each other; provided, however, no group of newsracks
shall extend more than eight feet along the sidewalk, and no group
of newsracks may be located within 15 feet of any other group of newsracks;
9.
Advertising,
signs, banners, and flags are not allowed on newsracks except as indicated
below:
a.
The name of printed material dispensed therefrom may be displayed
on the bottom 1/3 of the hood, and
b.
Advertising rack cards contained in card pans may be attached to,
and located on, the front of the newsrack. The rack cards shall not
exceed 15 inches in height and 22 inches in length and shall be limited
to the display, sale or purchase of the printed material dispensed
from the newsrack;
10.
Newsracks must be maintained in a clean, neat, safe and secure condition
and in good repair at all times;
11.
Newsracks must not be installed or maintained within:
a.
Five feet of any marked crosswalk,
b.
Fifteen feet of any curb return,
c.
Five feet of any utility meter or service box,
d.
Five feet of any driveway,
e.
Six feet of any bus bench or bus bench shelter,
f.
Five feet before and 25 feet after any sign marking a designated
bus stop,
g.
Fifteen feet of any fire hydrant, fire call box, police call box
or other emergency facility,
h.
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;
12.
Newsracks must not be installed or maintained so as to:
a.
Reduce the clear sidewalk space for the passageway of pedestrians
to less than four feet in accordance with the Americans with Disabilities
Act,
b.
Cause, create or constitute a hazard to, or unreasonably interfere
with, or obstruct the flow of, vehicular traffic or pedestrians,
c.
Endanger persons or property,
d.
Unreasonably obstruct or interfere with access to, or the use and
enjoyment of, abutting property;
13.
Newsracks may not be installed or maintained on a sidewalk that abuts
property that is zoned residential.
14.
No issue or edition of any printed matter shall remain in the newsrack
after the publication date of the next issue or edition.
B.
Whenever
a newsrack location is voluntarily abandoned, the registrant shall
so notify the registration authority prior to removing the newsrack.
The registrant shall completely remove the newsrack and its mount
and shall restore the sidewalk to a good and safe condition, leaving
no hole or projection in the sidewalk and using the same type and
quality of construction material as that which exists at the surface
of the abutting sidewalk.
(Ord. 366 § 1 Exh. F,
2007)
A.
Printed
matter dispensed from any newsrack installed or maintained pursuant
to this chapter must not be displayed or exhibited in a manner which
exposes to public view from the street any of the following:
1.
Any
statements or words describing explicit sexual acts, sexual organs,
or excrement where such statement or words have as their purpose or
effect sexual arousal, gratification or affront;
2.
Any
photograph, picture or illustration of genitals, pubic hair, perineums,
anuses, or anal regions of any person where such photograph, picture
or illustration has as its purpose or effect sexual arousal, gratification,
or affront;
3.
Any
photograph, picture or illustration depicting explicit sexual acts
where such photograph, picture or illustration has as its purpose
or effect sexual arousal, gratification or affront.
B.
Explicit
sexual acts, as used in this section, means depiction of sexual intercourse,
oral copulation, anal intercourse, oral-anal copulation, bestiality,
sadism, masochism, or excretory functions in conjunction with sexual
activity, masturbation, or lewd exhibition of genitals, whether any
of the above conduct is depicted or described as being performed among
or between members of the same or opposite sex or between humans and
animals, or other acts of sexual arousal involving any physical contact
with a person's genitals, pubic region, pubic hair, perineum, anus
or anal region.
(Ord. 366 § 1 Exh. F,
2007)
A.
Whenever the registration authority is advised that a newsrack has been installed or is being maintained in violation of this chapter, he/she shall notify the person in whose name the newsrack is registered pursuant to Section 5.60.030. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation shall not be corrected or a hearing is not requested before the registration authority within 15 calendar days after the giving of such notice, and the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding, provided that if the violation is not corrected within five business days after the decision at such hearing becomes final, the registration authority may impound the newsrack in accordance with Sections 5.60.060(B) and (C). The city may remove, without notice, any newsrack which has been installed in the public right-of-way without first registering the newsrack with the city.
B.
Notwithstanding subsection A of this section, in the case of any violation of this chapter which creates an immediate danger to the public health, safety or welfare, which violation cannot be corrected by moving or otherwise repositioning an unanchored newsrack, the newsrack may be summarily impounded by the registration authority.
C.
The
registrant or other person who provides satisfactory proof of ownership
of the impounded newsrack may, at any time within 30 calendar days
of the notice of impound, obtain the return of the newsrack and its
contents upon payment of an impound fee in an amount established by
city council resolution to cover the cost to the city of removing
and storing the newsrack.
D.
If, after a hearing pursuant to Section 5.60.070, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the registrant or other claimant without payment of any impound fee or, if an impound fee has previously been paid, the impound fee must be refunded.
E.
Upon
failure of the registrant or other claimant to claim an impounded
newsrack and pay the impound fees within the 30 calendar day period,
the newsrack is deemed to be unclaimed property in possession of the
city. The registration authority shall sell or otherwise dispose of
such newsrack and its contents in accordance with law.
(Ord. 366 § 1 Exh. F,
2007)
A.
Within 15 calendar days of the notice of violation or notice of impound of a newsrack, the person in whose name the newsrack is registered pursuant to Section 5.60.030, or other person who provides satisfactory proof of ownership may request a hearing before the registration authority. The request shall be in writing, shall state the basis thereof, and shall be filed with the registration authority. The hearing shall be held within five working days of the filing of the request. At the hearing any person may present evidence or argument as to whether the newsrack has been installed or maintained in violation of this chapter. Within two working days after the close of the hearing, the registration authority shall render a decision in writing and shall give such written decision to the person who requested the hearing.
B.
Any
person who requested a hearing before the registration authority may,
within 10 calendar days after the issuance of the decision, appeal
such decision to the city council. The appeal must be in writing,
shall state the basis upon which the appeal is made, and shall be
filed with the city clerk.
C.
The
city council must hear the appeal within 30 calendar days of the filing
of the request. At the hearing, any person may present evidence or
argument as to whether the newsrack has been installed or maintained
in violation of this chapter. At the next regular meeting of the city
council after the close of the hearing, the council must render a
decision in writing. Within five business days after the decision
is rendered, the city clerk shall give notice thereof to the person
who made the appeal. The decision of the city council is final.
(Ord. 366 § 1 Exh. F,
2007)
Notices required pursuant to the provisions of this chapter
shall be given in writing by personal service or United States postal
service, certified mail, return receipt requested, addressed to the
person to be notified at his or her last known address. Notice under
this chapter shall be deemed to have occurred as of the date of personal
service or the date of receipt indicated on the return receipt.
(Ord. 366 § 1 Exh. F,
2007)
This chapter shall apply to all newsracks, whether installed
or maintained prior to, or after, the effective date thereof. Those
newsracks installed prior to the effective date of the ordinance codified
in this chapter, shall be brought into compliance with the provisions
of this chapter within 30 calendar days of the effective date thereof.
In the event the number of such newsracks at any location exceeds
the number of newsracks that are permitted by this chapter at that
location, priority shall be determined solely on a first-come, first
registration basis and in the event of a registration tie, by random
lot drawing performed by the registration authority. Any newsrack
not brought into compliance within the 30 calendar-day time period
is deemed to be in violation of this chapter.
(Ord. 366 § 1 Exh. F,
2007)
A newsrack shall be deemed abandoned when no printed material is contained therein for a period of more than 15 consecutive days. If the registration authority determines that a newsrack has been abandoned he or she shall summarily impound such newsrack and, notwithstanding Section 5.60.060, the newsrack shall immediately be deemed to be unclaimed property in the possession of the city. The registration authority shall sell or otherwise dispose of the newsrack in accordance with law.
(Ord. 366 § 1 Exh. F,
2007)
Whenever the registration authority finds that a newsrack does not have the name, address and telephone number of the owner thereof placed upon such newsrack, in compliance with Section 17570 et seq., of the Business and Professions Code of the state, he or she must make every reasonable effort to ascertain the owner thereof. If the registration authority is unable to determine ownership, he or she must summarily impound such newsrack and, notwithstanding Section 5.60.060, the newsrack must immediately be deemed to be unclaimed property in possession of the city. The registration authority must sell or otherwise dispose of such newsrack and its contents in accordance with law.
(Ord. 366 § 1 Exh. F,
2007)
