For the purpose of this chapter certain words and phrases shall
be defined as set forth in this section, unless it is apparent from
the context that a different meaning is intended:
"Parkway"
means that area between the sidewalks and the curb of any
street; where there is no sidewalk, "parkway" means that area between
the edge of the roadway and the lot line of the abutting lot. "Parkway"
also includes any area within a roadway which is not open to vehicular
traffic.
"Publication machine"
means any self-service or coin-operated box, container, storage
unit or other dispenser installed, used or maintained for the display
or sale of any written or printed material, including but not limited
to, newspapers, news periodicals, magazines, books, pictures, photographs
and records.
"Roadway"
means that portion of a street improved, designed or customarily
used for vehicular travel.
"Street"
means all that area dedicated to public use for public street
purposes and includes but is not limited to, roadways, parkways, alleys
and sidewalks.
(Prior code § 3975)
A. No
person shall install, use or maintain any publication vending machine
which is located on, or which projects into, any part of the roadway
of any public street.
B. No
person shall install, use or maintain any publication vending machine
which is located on, or projects in or upon any public sidewalk when
such installation, use or maintenance endangers the safety of persons
or property, or when such site or location is used for public utility
purposes, public transportation purposes or other governmental use,
or when such publication vending machine unreasonably interferes with
or impedes the flow of pedestrian or vehicular traffic, including
any legally marked or stopped vehicle, the ingress or egress from
any residence or place of business, or the use of poles, posts, traffic
signs or signals, hydrants, mailboxes, or other objects permitted
at or near such location.
(Prior code §§ 3976, 3977)
Any publication vending machine which in whole or in part rests
upon, in or over any public sidewalk or parkway, shall comply with
the following standards:
A. No
publication vending machine shall exceed five feet in height, 30 inches
in width, two feet in thickness, nor shall such machine, unladen,
weigh more than 25 pounds.
B. Publication
vending machines shall only be placed near a curb or adjacent to a
wall or a building. Such machines placed near the curb shall be placed
no less than 18 inches nor more than 24 inches from the edge of the
curb. Those machines placed parallel to a wall or building shall be
placed not more than six inches from the wall or building. No such
machine shall be placed or maintained on the sidewalk or parkway opposite
another publication vending machine or group of such machines.
C. No
publication vending machine shall be chained, bolted or otherwise
attached to any building or structure not owned by the owner of such
machine unless the owner of such machine shall have first obtained
the written permission of the owner of such building or structure.
D. Publication
vending machines may be placed next to each other, provided that no
group of such machines shall extend more than eight feet along a curb
or wall and a space of no less than three feet shall separate each
such group of machines.
E. Such
machines may be chained or otherwise attached to one another, provided
no more than three such machines may be joined together in this manner
and a space of no less than three feet shall separate each group of
three such machines so attached.
F. Notwithstanding
any other provision of this chapter, no publication vending machine
shall be placed, installed, used or maintained:
1. Within
five feet of any marked crosswalk;
2. Within
15 feet of the curb return of any unmarked crosswalk;
3. Within
five feet of any fire hydrant, fire call box, police call box or any
other emergency facility;
4. Within
five feet of any driveway;
5. Within
five feet ahead of or 25 feet to the rear of any sign marking a designated
bus stop;
6. Within
six feet of any bus bench;
7. In
any location whereby the cross space or the passageway of pedestrians
is reduced to less than six feet;
8. Within
three feet of any area improved with lawn, flowers, shrubs or trees,
or within three feet of any display window or any building abutting
the sidewalk or parkway or in such manner as to impede or interfere
with the reasonable use of such window for display purposes;
9. Within
100 feet of any other such machine on the same side of the street
within the same block containing the same edition of the same publication.
G. No such machine shall be used for advertising material other than that dealing with the display, sale or purchase of the publications sold therein, provided that such permitted advertising shall comply with the provisions of Section
12.20.040(B) of this chapter.
H. Each
such machine shall be maintained in a clean, neat and attractive condition
and in good repair at all times, and no issue or edition of any publication
shall be allowed to remain in any such machine for a period in excess
of seven days from the date of initial issuance or publication, whichever
is sooner.
(Prior code § 3978)
Every person who places or maintains such a publication vending
machine on a public sidewalk or parkway in the city shall file a written
statement with the city clerk, satisfactory to the city attorney,
whereby such person agrees to indemnify and hold harmless the city,
its officers, and employees, from any loss or liability or damages,
including expenses and costs, for bodily or personal injury, and for
property damage sustained by any person as a result of the installation,
use or maintenance of such a machine within the city.
(Prior code § 3980)
The owner shall provide and keep in force during the time that
such a machine is allowed to remain on public property a policy of
public liability insurance against liability for injuries to persons
or property arising out of accidents attributable to the newspaper
or magazine racks or stands or publication vending machines on city
property, in minimum amounts and limits as required by the chief administrative
officer. The policy of insurance so provided shall contain a contractual
liability endorsement covering the liability assumed by the permittee
by the terms of his or her permit and shall contain a provision that
such policy may not be canceled except after 30 days' notice in writing
given to the city clerk of the city. Copies of these policies or certificates
evidencing the same shall be filed with the city clerk after approval
of the city attorney.
(Prior code § 3981)
If the chief administrative officer finds that a publication
vending machine located in any public street area, does not have the
name, address and telephone number of the owner thereof placed upon
such machine, in compliance with Section 17570 et seq., of the Business
and Professions Code of the State of California, he or she shall impound
such machine and hold the same for disposal as abandoned and unclaimed
property. Immediately prior to the effective date of the ordinance
codified in this chapter, the chief administrative officer shall take
such steps as may reasonably be necessary to ascertain the name and
address of the owners of all publication vending machines within the
city which do not have thereon the name, address and telephone number
of such owner. He or she shall advise such persons, as he or she is
able to identify, of the requirement of Section 17570 of the Business
and Professions Code and of the result of the failure to comply with
such code, as set forth in this section.
(Prior code § 3983)