A. 
The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on public rights-of-way and other public property. In order to advance, improve and promote aesthetic concerns as well as the public health, safety and welfare of the City, it is necessary to control the placement, installation, appearance, and maintenance of such newsracks. This chapter is intended to accomplish these ends, without restricting the dispersal of information guaranteed by the Constitutions of the United States and the State of California, through regulation of the placement, installation, appearance and maintenance of newsracks on public rights-of-way and other public property so as to:
1. 
Provide sufficient clearance and visibility for safety and convenience of the pedestrian and driving public;
2. 
Avoid the unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress or egress from any residence or any place of business or from the street to the sidewalks by persons crossing such streets, or exiting or entering parked or standing vehicles;
3. 
Provide reasonable access for the use and maintenance of utility poles, posts, traffic signs or signals, hydrants and mail boxes, and access to locations used for benches and public transportation purposes;
4. 
Eliminate poorly maintained newsracks and the lack of uniformity in the color and appearance of newsracks which has resulted in a visual blight on public rights-of-way, or which may unreasonably detract from the aesthetics of store window displays, adjacent landscaping, residential areas and other improvements;
5. 
Maintain and protect the values of surrounding properties;
6. 
Reduce the unnecessary exposure of the City to personal injury and property damage claims; and
7. 
Provide for and maintain the freedom of speech for publishers of newspapers and other printed materials using newsracks for distribution purposes.
B. 
The City Council finds that the competing interests of community aesthetics, public safety and welfare and the distribution of newspapers and other printed materials require reasonable accommodations that can only be satisfactorily achieved through this chapter, which regulates the place and manner of using newsracks on public property.
(Ord. 02-30 § 2)
Whenever the following words and phrases are used in this chapter, they shall have the meaning indicated in this section unless the context or usage clearly requires a different meaning:
“Distributor”
means the person responsible for placing and maintaining a newsrack on public property or in a public right-of-way.
“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 of publications;
“Parkway”
means the area between the sidewalk and curb of a roadway, and where there is no sidewalk, that area between the edge of the traveled roadway and the edge of a public right-of-way. “Parkway” also includes any area within a roadway that is not open to vehicular travel;
“Permittee”
means each person issued a newsrack permit under the provisions of this chapter.
“Planning Director”
means the Director of Planning and Environmental Services or the Director’s designee.
“Public right-of-way” and “public property”
includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park, square, plaza, or other property which is owned or held (whether in fee, easement, leasehold or other interest) by the City.
“Roadway”
means that part of a public right-of-way that is designated and used primarily for vehicular travel.
“Sidewalk”
means that part of a public right-of-way that is designated and ordinarily used for pedestrian travel.
(Ord. 02-30 § 2)
A. 
Permit Required. No person shall install, place or maintain any newsrack which in whole or in part rests upon, in or over any public property or public right-of-way without first obtaining a permit from the City. This chapter does not apply to newsracks wholly located on private property. In addition, no permit shall be required for the temporary placement of any newsrack which in whole or in part rests upon, in or over any public property or public right-of-way for a period not to exceed 48 hours and which is placed in such location for the purposes of distributing printed material in connection with a public event in a City park occurring during such temporary period; provided, however, that any such temporary newsrack shall comply with the locational requirements of Section 12.14.050 or be subject to immediate removal pursuant to Section 12.14.080(B).
B. 
Application. The application for a permit shall be made in writing on the form provided by the Planning and Environmental Services Department. Such application shall set forth and contain the following information and items:
1. 
The name, address (including any e-mail address) and telephone number of the applicant;
2. 
A written description of the location of each proposed newsrack;
3. 
A clear and legible drawing identifying the exact proposed location of each newsrack. This drawing shall include the newsrack, sidewalk, streets, and other adjacent improvements (i.e., within 20 feet), including the nearest buildings, driveways, bus stops, benches, street trees and fire hydrants, as well as the location of any other existing newsrack within 15 feet of each such proposed location;
4. 
A complete description of the newsrack(s) to be installed, including manufacturer name, model, and color;
5. 
The name of the newspaper, publication, periodical or other written material to be contained in each newsrack;
6. 
The written agreement of the applicant on a form prepared and approved by the City Attorney to indemnify, defend and hold harmless the City, its officers, employees and agents from any claim, damage, demand, liability, costs and expenses (including reasonable attorneys’ fees and disbursements) for bodily or personal injury, and for property damage sustained by any person as a result of or related to the installation, location, use or maintenance of any newsrack located on a public right-of-way or other public property (collectively, “claims”). This indemnification requirement shall not apply to claims to the extent that such claims arise from the gross negligence or willful misconduct of the City, its officers, employees and agents; and
7. 
Payment of the applicable application fee established by City Council resolution.
C. 
No more than one permit shall be required per applicant regardless of the number of newsracks the applicant maintains in the City; however, an amended application for such permit shall be filed with the Planning Director in the event that the applicant desires to install additional newsracks in the City subsequent to the issuance of the original permit by the City and an amended application fee as established by City Council resolution shall be paid.
D. 
Determination of Completeness. The Planning Director shall determine whether the application contains all the information and items required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in person or in writing within 10 business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application void. Within 10 business days following the receipt of an amended application or supplemental information, the Planning Director shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete (the “Application Date”). All notices required by this chapter shall be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.
E. 
Determination on Application. The Planning Director shall cause such application to be reviewed and shall render a decision to approve or deny such application and notify the applicant of such determination within 10 days of the application date. The Planning Director’s determination shall be guided solely by the standards and criteria set forth in this chapter. An application may be granted either in whole or in part when more than one location is proposed by the applicant. When an application is denied in whole or in part, the Planning Director’s written notice of determination shall set forth the grounds for such denial. In the event that the Planning Director disapproves of a particular location, such disapproval shall be without prejudice to the applicant who may subsequently designate a different location.
F. 
Relocation of Newsrack. In the event that a permittee desires to relocate a newsrack to another location within the City, the permittee must first reapply and pay the applicable permit amendment application fee and receive an amendment to the permit from the Planning Director prior to such relocation. The application process for a permit amendment shall be the same as set forth in this section.
G. 
Rights Conferred. The approval of a location for a newsrack pursuant to the issuance of a permit shall not be construed as granting the permittee any right to, or interest in, the City owned property or public right-of-way. The rights conferred by this chapter are merely a license to use the subject property for the permitted purpose, subject to the provisions of this chapter.
H. 
Transferability. No permit shall be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the Planning Director stating that the transferee is now the permittee. The application process for such a permit amendment shall be the same as set forth in this section.
I. 
Each permittee or distributor shall have an ongoing duty to provide the City with current information as set forth in subsections (B)(l) and (5) of this section.
(Ord. 02-30 § 2)
Any newsrack which rests in whole or in part upon, in or on any portion of a public right-of-way or other public property, or which projects onto, into or over any part of a public right-of-way or other public property shall comply with the standards set forth in this section.
A. 
Newsracks shall be the standard K-Jack Style Model 100 or National Newsvend Model M-l0 for individual publications, or the National Newsvend Model F-336 for multiple publications, or the equivalent of such models in terms of size, dimensions and style as determined by the Planning Director on a permanently fixed single pedestal or multi-pedestal for groupings of newsrack bolted to the paved area in accordance with specifications provided by the City.
B. 
No newsrack shall exceed 54 inches in height, 30 inches in width, or 24 inches in depth.
C. 
No advertising signs or material, other than those dealing with the name of the publication or the contents of the publication contained within the newsrack, shall be displayed on the outside of the newsrack.
D. 
Each coin-operated newsrack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event such person is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
E. 
Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address other than a post office box of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this chapter.
F. 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:
1. 
It is reasonably free of dirt and grease;
2. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas;
3. 
It is reasonably free of rust and corrosion in the visible unpainted metal areas;
4. 
The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration;
5. 
The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading;
6. 
The structural parts are not broken or unduly misshapen; and
7. 
Any and all graffiti, unauthorized stickers or decals shall be promptly removed.
G. 
Newsracks shall be painted a muted dark color such as brown, forest green or substantially similar color on all opaque surfaces and the mount shall be painted black.
H. 
Newsracks shall not be chained or otherwise attached to any fixture located in the public right-of-way.
(Ord. 02-30 § 2)
Any newsrack which rests in whole or in part upon, in, or on any portion of a public right-of-way or other public property, or which projects onto, into or over any part of a public right-of-way or other public property shall be located in accordance with the provisions of this section.
A. 
Newsracks may be located near a curb, or if there is no curb, the edge of the roadway, or to the rear of a sidewalk, farthest from the street or roadway. The rear edge of newsracks located near the curb shall be located no less than 18 inches nor more than 24 inches from the roadway edge of the curb. Newsracks placed adjacent to the rear of the sidewalk shall be placed parallel to any wall and the rear edge of such newsrack shall be at least six inches from the wall, unless the Planning Director determines that placement near a building is not suitable for safety reasons, and authorizes alternative placement. No newsrack shall be located directly in front of any display window of any building abutting a sidewalk or parkway except near the curb.
B. 
Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than 18 feet, nor include more than six newsracks. No group of newsracks shall contain more than one newsrack containing the same issue or edition of the same publication. Each group of newsracks shall be separated from the next group by at least eight feet.
C. 
No newsrack shall be placed, installed, used or maintained:
1. 
Within 15 feet of the curb return of any unmarked crosswalk;
2. 
Within five feet of any marked crosswalk, fire hydrant, fire call box, police call box or other emergency facility;
3. 
In front of any bus bench and within four feet of the end of any bus bench;
4. 
Within five feet ahead or 15 feet to the rear of any sign marking a designated bus stop;
5. 
At any location whereby the clear space of the passageway of pedestrians is reduced to less than four feet;
6. 
Within three feet of or on any public property improved with lawn, flowers, shrubs, trees or other landscaping;
7. 
Within five feet of a curb painted blue or yellow pursuant to the provisions of California Vehicle Code Section 21458;
8. 
Within five feet of any driveway;
9. 
Within three feet of the front or rear of any bicycle rack;
10. 
In whole or in part on any roadway, sidewalk vault, meter cover, manhole or access cover;
11. 
Facing another newsrack when separated or divided only by the width of the sidewalk or pedestrian walkway; and
12. 
In a manner that endangers the safety of persons or property, unreasonably interferes with public utility, public transportation or other governmental uses, unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic or impedes the vehicular view of oncoming vehicular or pedestrian traffic, unreasonably interferes with ingress into or egress from any residence or place of business, or any legally parked or stopped vehicle, interferes with the use of traffic signs or signals, hydrants, call boxes, mail boxes, bicycle racks or other objects permitted at or near the location.
D. 
The Planning Director may allow for minor exceptions to any of the distance standards set forth in this section (not to exceed 10%), where a combination of physical factors unique to a particular location dictates that strict adherence to the distance standards set forth in this section is not practical, provided that a finding can be made that any such exception will not adversely affect the public health and safety.
(Ord. 02-30 § 2)
Newsracks shall not be permitted on a public right-of-way or other public property adjoining land zoned and used for public park purposes or land zoned exclusively for residential use, except in locations where there is an apartment building or condominium development as such uses are defined in the Municipal Code.
(Ord. 02-30 § 2)
A. 
Abandonment. In the event any newsrack installed pursuant to this chapter does not contain the publication(s) specified in the permit application within a period of 30 days after the release of the current issue, or if no publication is in the newsrack for a period of more than 30 consecutive days, the Planning Director may deem the newsrack abandoned and may remove the newsrack from the public right-of-way in accordance with the procedures set forth in Sections 12.14.080 and 12.14.090.
B. 
Voluntary Removal. In the event a permittee desires to voluntarily abandon a newsrack location, such permittee shall notify the Planning Director in writing of the date of the proposed removal at least 30 days prior to the newsrack’s removal and the permittee shall completely remove the newsrack and mount on the date set forth in such notice. In addition, the permittee shall restore the sidewalk to 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 applicable sidewalk.
C. 
Repair and Collection Costs. If the removal of a newsrack causes any damage to City property, the permittee, distributor or other responsible party shall repair such damage within 10 days following notice from the Planning Director or such shorter period as the Planning Director may determine if there is an immediate danger to the public health or safety. If such repairs are not timely made, the permittee, distributor or other responsible party shall be liable for all costs incurred by the City to repair the damage, including reasonable attorneys’ fees and related costs of collection.
(Ord. 02-30 § 2)
A. 
Upon a determination by the Planning Director that a newsrack has been installed, used or maintained in violation of any of the provisions of this chapter, the Planning Director shall cause an order to be issued to the distributor to correct the offending condition. The order shall be telephoned to the distributor and confirmed by mailing a copy of the order by first-class mail to the distributor at the address shown on the notice required by Section 12.14.040(E). The order shall specifically describe the offending condition and specify actions necessary to correct it. If the distributor fails to correct properly the offending condition within 15 days after receipt of the order, or cause to be filed an appeal as permitted under Section 12.14.100, the Planning Director shall cause the offending newsrack to be removed and processed as unclaimed property under applicable provisions of law. If the distributor or owner of the offending newsrack cannot be identified, the newsrack shall be removed immediately and processed as unclaimed property under applicable provisions of law. The foregoing provisions are not exclusive, and are in addition to any other penalty or remedy provided by law.
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 removed and impounded by the City.
(Ord. 02-30 § 2)
A. 
Whenever a newsrack is impounded pursuant to Section 12.14.070 or 12.14.080, the Planning Director shall immediately notify the permittee or distributor, if known. Such notice shall state the date the newsrack was removed and impounded, the reasons thereof, and the procedure for claiming the newsrack. If the newsrack was summarily impounded, such notice shall also state the procedure for requesting a hearing before the Planning Director.
B. 
The permittee, distributor or other person who provides satisfactory proof of ownership of the impounded newsrack may, at any time within 30 days of the notice of impound obtain the return of the newsrack and its contents upon paying of removal costs, storage and other costs.
C. 
The costs of removal and storage of any newsrack shall be borne by the owner thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. No newsrack which has been removed and stored by the City shall be released to the owner unless the costs of removal, storage and any necessary repair to the premises on which the newsrack was placed have been paid. If a newsrack which has been removed and stored remains unclaimed for a period of 30 days after notice of impoundment is sent, it shall be deemed to be unclaimed personal property and disposed of in accordance with the law.
D. 
If, after a hearing, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the permittee, distributor or other claimant without payment of any impound fee or, if an impound fee has previously been paid, the impound fee shall be refunded.
(Ord. 02-30 § 2)
A. 
Any person aggrieved by a determination or order of the Planning Director under the provisions of this chapter may appeal and shall be advised of the right to appeal to the City Council. An appeal must be perfected within 15 days after receipt of the determination or order of the Planning Director by filing with the City Clerk a letter of appeal briefly stating therein the basis for such appeal and paying the applicable appeal fee established by City Council resolution.
B. 
If such an appeal is timely filed, the determination or order of the Planning Director shall be stayed and the City Council shall hear the matter at the next regularly scheduled City Council meeting held more than five days after receipt of such notice of appeal; provided, however, the hearing may be held at a later meeting upon the request or concurrence of the appellant or for good cause. The appellant shall be given at least five days notice of the time and place of the hearing. The City Council shall give the appellant and any other interested party the reasonable opportunity to be heard, in order to show cause why the determination or order of the Planning Director should not be upheld.
C. 
The City Council shall provide the appellant with a written decision within 10 days of the conclusion of the hearing. In the event any such determination or order is upheld by the City Council, the determination or order or modification thereof shall be effective on the date of the action by the City Council, and that action shall be final and conclusive. Any person dissatisfied with the City Council’s decision may seek prompt judicial review pursuant to California Code of Civil Procedure Section 1094.8.
(Ord. 02-30 § 2)
A. 
Initial Filing and Processing. Any person owning or entitled to possession, management or control of any newsrack located within the City shall within 60 days remove the newsrack, or file for a permit as required by this chapter.
B. 
Newsracks lawfully in existence by virtue of an encroachment permit issued by the County of Santa Barbara prior to February 1, 2002, had first priority with respect to the existing location of such newsrack, provided that such location otherwise complied with the provisions of Section 12.14.050(C). In order to benefit from this subsection, a permit applicant must have submitted evidence of such valid encroachment permit with the application for a new City permit.
C. 
Notwithstanding Section 12.14.030(E), for the initial processing of the permits for existing newsracks, the City shall have up to 60 days to issue permits upon the receipt of a completed permit application.
D. 
Compliance. All newsracks within the City shall conform to all requirements of this chapter, including any required relocation of a newsrack. Notwithstanding anything herein to the contrary, any newsrack installed in the City prior to February 1, 2002, that substantially conforms to the standards of Section 12.14.040(A) as determined by the Planning Director shall be deemed a permitted model, hereafter a “substantially conforming newsrack”; provided, however, that should four or more newsracks be grouped together in a location after the effective date of this chapter any such substantially conforming newsrack shall be similar in appearance to the predominant style and model of newsrack at such location.
(Ord. 02-30 § 2)