The City Council finds that newsracks placed on public sidewalks, streets and rights-of-way can interfere with the use and attractive appearance of such public sidewalks, streets and rights-of-way thereby threatening the health, safety and welfare of the public.
The City Council also recognizes that public streets, sidewalks and rights-of-way are historically associated with the sale and distribution of newspapers and other publications, and that access to the use of these areas for such purpose is not to be denied except where such use unreasonably interferes with the use of these areas by pedestrians or traffic, or whether such use presents a hazard to persons or property.
The City Council, therefore, has determined that a reasonable accommodation of these competing interests can be achieved by adoption of this chapter which regulates the placement, design and maintenance of newsracks.
For the purpose of this chapter, certain words and phrases used herein are defined as follows: unless it is apparent from the context that a different meaning is intended:
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispenser, installed, used or maintained for the display, sale or distribution without charge, of any written or printed material, including but not limited to, newspapers, news periodicals, magazines.
"Newsrack District"
means that portion of the City of Mill Valley as more particularly set forth in Exhibit A to Ordinance 1099.
"Permanent newsrack"
means any newsrack maintained in a thoroughfare for more than 90 days.
"Temporary newsrack"
means any newsrack maintained in a thoroughfare for a trial period of not more than 90 days.
"Person"
means any individual, business or other organization of any kind, excepting the United States of America, the State of California or any political subdivision thereof.
"Newsrack permit"
means a permit issued to a person allowing the placement of a newsrack within a specifically designated portion of a thoroughfare.
"Thoroughfare"
means that portion of any public street other than the area included within the road-way, including a sidewalk.
"Roadway"
means that portion of a public street improved and/or customarily used for vehicular traffic.
"Street"
means all that area dedicated to the public use for public street purposes and included but is not limited to roadways and thoroughfares.
"Sidewalk"
means any surface or walkway dedicated to public use and provided for the exclusive or primary use of pedestrians.
A. 
Installation, Maintenance and Design. Any newsrack which in whole or in part rests upon, in or over any public street shall comply with the following criteria:
1. 
No individual newsrack shall exceed five feet in height, 30 inches in width, or two feet in depth.
2. 
Newsracks shall be placed adjacent to a wall, building, structure, bus bench or parallel to a curb. Newsracks shall be placed next to each other whenever feasible. Newsracks may be placed adjacent to the wall of a building (or if there is no building, adjacent to the property line) or near a street curb; the determination as to which side of the sidewalk the newsrack is located shall be determined by the Director of Public Works. Newsracks placed adjacent to the wall of a building (or property line) shall be placed with their long axis parallel to such wall (or line) and so that their back edge is six inches from the wall (or line). Newsracks placed near a street curb shall be placed so that the edge closest to the curb is 12 inches from the curb. Not more than five newsracks shall be located side-by-side outside the Newsrack District (whether secured together or separately secured to the sidewalk) and at least three feet of clear space shall separate any such group of five newsracks from the next such group. The above notwithstanding, where newsracks are placed alongside litter receptacles, posts, poles, sidewalk furniture, or other obstructions, the number of newsracks which may be located side-by-side under the foregoing sentence shall be reduced by one for each such obstruction standing alongside newsracks at such location.
3. 
No newsracks shall be placed or maintained on the sidewalk or thoroughfare opposite one or more other newsracks.
4. 
No newsrack shall be used for advertising material other than that dealing with the sale or distribution of the publication sold therein. Rack cards no larger than 11 inches high and 17 inches wide may be placed on the front of the newsrack below the display window.
5. 
The name, address and telephone number of the owner shall be attached or affixed to the front or rear of the newsrack in an area not exceeding six inches.
6. 
Every newsrack shall be constructed, installed and maintained in a safe and secure condition.
7. 
Every newsrack shall be maintained in a clean and neat condition and in good repair at all times.
8. 
Any single unit newsrack of standard design commonly in trade use may be permitted as a temporary newsrack in any single location for a period of not more than 90 days, in order to determine the suitability of long-term newsrack location, provided that the placement of such newsrack conforms with the standards set forth in this chapter. At least 10 business days prior to locating a temporary newsrack, a completed newsrack permit application shall be submitted, including written notice of the particular location and date upon which the 90-day trial period will begin. Within 10 business days after expiration of the 90-day trial period, the person maintaining the temporary newsrack shall either cause it to be removed or submit a written application to the Director of Public Works for an encroachment permit for a permanent newsrack location.
B. 
Removal. In the event any newsrack is removed, the public property shall be repaired and restored to the same condition as existed prior to the installation of the newsrack.
C. 
Newsrack District. All permanent newsracks located in the Newsrack District shall be of a multi-unit configuration except at a location where there is only one newsrack and no other newsrack is located within 150 feet unless separated by a street. Each permanent newsrack shall be of a standard type in trade use, as approved by the Director of Public Works, with Federal Brown panels provided that no group of newsracks shall utilize more than two horizontal rows of six compartments per row, and not more than one such group of newsracks shall be allowed at each corner of a street intersection. If the demand for newsracks exceed 12 at a single location, placement of additional newsracks shall be allowed which comply with all other provisions of this chapter as determined by the Director of Public Works.
A. 
Prohibited Locations. No newsrack shall be placed, installed, used or maintained in the following locations:
1. 
Within three feet of any marked crosswalk.
2. 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
3. 
Within five feet of any driveway.
4. 
Within three feet of any bus bench in any location whereby the sidewalk or thoroughfare for pedestrian access is reduced to less than 34 inches.
5. 
At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property.
6. 
Any location where the newsrack will unreasonably interfere with or obstruct flow of pedestrian traffic on the sidewalk or thoroughfare.
7. 
At any location where the newsrack causes, creates or constitutes a traffic hazard.
8. 
At any location where the newsracks will endanger persons or property.
B. 
Waiver for Good Cause. In response to a written request, the Director of Public Works may waive or modify the standards for newsrack placement, installation and design contained in this chapter upon a showing of good cause and upon his or her determination that placing a newsrack at the location requiring the modification would not endanger the public health or safety or reasonably interfere with the use of the public right-of-way.
A. 
Newsrack Permit. In order to facilitate the inspection and regulation of newsracks for the purpose set forth in this chapter, no person shall install, place or maintain a newsrack on any public property without first obtaining a newsrack permit from the City for such installation.
B. 
Application. Application for a newsrack permit shall be made in writing on a form provided by the City and filed with the Director of Public Works. The application form shall inform the applicant of the requirements of this chapter regarding placement and design of newsracks, and shall require the following information from the applicant:
1. 
The name, address and telephone number of the owner of the newsrack and the name and address of an agent for notice, who shall be the owner or another person to whom notice of any violation of this chapter or notice of relocation or removal may be given.
2. 
The location of each newsrack to be installed, placed or maintained in the City by the applicant. Such location shall comply with the requirements of this chapter.
C. 
Issuance of Permit. Upon compliance with the requirements of this section, the Director of Public Works shall issue a permit for the newsrack within 10 working days. If an application is disapproved, in whole or in part, the Director of Public Works shall notify the applicant promptly, explaining the reasons for denial of a newsrack permit. No fee or bond shall be required in connection with issuance of a permit.
D. 
Additional Newsracks. A person securing a newsrack permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of this section shall also apply to the review and approval of any such amendment.
A. 
Violation with Immediate Danger. If a newsrack is installed or maintained in such a place or manner as to pose an immediate or serious danger to persons, vehicles or property, and it is impractical to remedy the violation by one person moving the newsrack to another point on the sidewalk or other public right-of-way without mechanical assistance, the City may seize and impound such machine immediately and without prior notice to the owner.
Within two working days after such seizure, the City shall notify the agent for notice, by mail, of the seizure and the reasons therefor, including the facts constituting immediate and serious danger. The notice shall also inform the agent for notice of the right to request, within 12 days of the date of such notice, a hearing before the Director of Public Works to determine whether such seizure was proper. Upon timely request, the Director of Public Works shall hold such hearing within 10 business days, unless the owner agrees to a later hearing. The hearing shall be informal, but oral and written evidence may be given by both sides. The Director of Public Works shall give his or her decision in writing to the agent for notice within seven days after any such hearing. If the Director of Public Works finds that such seizure was proper, he or she shall notify the agent to recover the newsrack.
B. 
Violation without Immediate Danger. Whenever the Director of Public Works is advised that a newsrack is being maintained contrary to the provisions of this chapter, but is not posing an immediate danger to persons or property as described in subsection A of this section, and it is impractical to remedy the violation by one person moving the newsrack to another point on the sidewalk or other public right-of-way without mechanical assistance, the Director of Public Works shall notify the agent for notice of the violation. The notice shall state the nature of the purported violation and give the owner a reasonable period of time, not to exceed 12 consecutive calendar days, to remedy the purported violation.
If such violation is not cured within the period of time allotted, the Director of Public Works shall deliver to the agent for notice an order to show cause which shall state therein the time and place of a hearing to be conducted by the Director of Public Works to determine whether or not such newsrack should be removed. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the City with respect to the alleged violation shall be stayed pending the written decision of the Director of Public Works following the hearing.
The Director of Public Works shall give his or her decision in writing to the agent for notice within seven days after any such hearing. If the Director of Public Works finds that substantial evidence presented at the time of the hearing shows that the newsrack is being maintained contrary to the provisions of this chapter, the Director of Public Works shall notify the agent for notice for such determination, and shall give the owner a period of not less than 12 days from the date of such notice to remove the newsrack or correct the violation. If the owner of the newsrack fails within the time permitted to remove or correct the violation of said machine, the Director of Public Works shall take steps to cause the newsrack to be removed and impounded and shall notify the agent for notice to recover the newsrack.
C. 
Abandoned Newsracks. Newsracks remaining empty for 30 consecutive days shall be deemed abandoned, except that a newsrack remaining empty due to labor strike or a temporary interruption of distribution or publication by the newspaper sold from that newsrack shall not be deemed abandoned. An abandoned newsrack may be removed by the City and impounded, and may be disposed of if the responsible party does not claim the newsrack, and pay any costs required by this section, within 30 days of its removal.
D. 
Impounded Newsracks. The owner, or any other person entitled to possession of an impounded newsrack, who fails, within 30 days of the giving of notice by the Director of Public Works, to recover said newsrack and to pay any costs required pursuant to this section, shall be deemed to have abandoned the newsrack, and it shall be disposed of in a manner prescribed by law for the disposal of abandoned personal property.
E. 
Cost of Recovery of Impounded Newsrack. No newsrack abandoned or removed for violation of this chapter and impounded shall be restored to the owner thereof, or to another person entitled to possession, unless and until the City's reasonable cost of removal and storage of the newsrack, has been paid to the City; provided, however, that if after hearing before the Director of Public Works it is determined that the newsrack was improperly removed by the City, there shall be no charge for restoration of such newsrack to the person entitled to possession thereof.
As soon as possible after the effective date of the ordinance codified in this chapter, the Director of Public Works shall conduct an investigation of existing newsracks resting upon, in or over any public street.
Where the Director of Public Works is able to ascertain the owner of a newsrack, he or she shall notify said owner of the requirement to obtain the permit required by Section 11.32.050 of this chapter.
The Director of Public Works shall take such steps as may be reasonably necessary to ascertain the identity of the owner(s) of all newsracks within the City which do not have the name, address and telephone number of such owner attached to said newsracks as required by Section 11.32.030(A)(6) of this chapter and/or California Business and Professions Code Section 17570, and shall advise such owners as he or she is able to identify of the requirement of said sections.
If the owner of an existing newsrack fails to comply with the requirements of this section, including the requirements of Section 12.23.030(A)(6) of this chapter and/or Business and Professions Code Section 17570, such shall be deemed violations of this chapter, and shall be subject to the provisions of Section 11.32.060 above.
If the Director of Public Works is unable to determine ownership, he or she shall impound such newsrack and hold the same for disposal as abandoned and unclaimed property.
Unless otherwise provided herein, any person who is aggrieved by a determination made by the Director of Public Works pursuant to the provisions of this chapter may file with the City Clerk a written appeal of such decision to the City Council. Such an appeal shall be deemed timely if filed with the City Clerk not later than the 10th consecutive day following the giving of notice of the decision to the aggrieved party. Upon receipt of a timely appeal, the City Clerk shall set the matter for hearing at the next most convenient meeting of the City Council, but in no event later than 30 days after the filing of the appeal.
The appealing party, and any other interested person, shall be given a reasonable opportunity to be heard in conjunction with said appeal. The City Council shall determine whether the action taken by the Director of Public Works was proper under the provisions of this chapter. The determination of the City Council shall be final and conclusive. Pending appeal, the provisions of Section 11.32.060 above shall be suspended.
Notices required pursuant to the provisions of this chapter shall be given by personal service, or by the United States Postal Service, postage prepaid, addressed to the person to be notified at his or her last known address, and deposited in the course of transmission of the United States Postal Service. The giving of notice under this chapter shall be deemed to have occurred as of the date and hour of personal service, or as of the date of deposit of written notice in the course of transmission of the United States Postal Service.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Mill Valley hereby declares that it would have passed this chapter, any section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
(Ord. 1099, April 15, 1991)