A. 
The council finds and declares that the unregulated placement of newsracks in public rights-of-way presents an inconvenience and danger to the health, safety and welfare of the inhabitants of the city in that, unless regulated, newsracks may:
1. 
Interfere with the safe flow of pedestrian and vehicular traffic;
2. 
Impair the vision of motorists and pedestrians, particularly small children and cause injury to the person or property of such persons;
3. 
Inhibit safe entry and departure from vehicles or buildings;
4. 
Detract from the appearance of streets, sidewalks and adjacent businesses;
5. 
Cause loss of funds to patrons in the event of malfunction;
6. 
Allow minors to view harmful matter.
B. 
Newsracks presenting any of the characteristics enumerated in subsection A of this section constitute a public nuisance, which the provisions of this chapter are enacted to prevent.
(Ord. 3197 § 2, 1978; Ord. 4124 § 1, 1988)
Whenever the following words and phrases are used in this chapter, they shall have the following meanings:
"Blinder rack"
means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view.
"Harmful matter"
means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors.
When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter shall be judged with reference to its intended recipient group.
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of publications.
"Public right-of-way"
means any place owned by or dedicated to use of the public for pedestrian or vehicular travel, including, but not limited to, a street, sidewalk, curb, gutter, parkway, highway, alley, mall, court, park or square.
"Roadway"
means that part of a public right-of-way that is designed or used primarily for vehicular travel.
"Uniform newsrack"
means a newsrack of a style, size and color designated by council by resolution pursuant to Section 12.10.060, to be permanently installed pursuant to such section.
(Ord. 3197 § 2, 1978; Ord. 4124 § 2, 1988)
A. 
No person shall place or maintain a newsrack or a uniform newsrack upon or over a roadway or upon or over a public right-of-way so as to endanger safety of person(s) or property or unreasonably interfere with or impede the flow of pedestrian or vehicular traffic.
B. 
In addition, no person shall place or maintain upon or over a public right-of-way a newsrack, unless in conformance with all provisions of Sections 12.10.040, 12.10.045, 12.10.050 and 12.10.070; or a uniform newsrack, unless in conformance with Sections 12.10.040, 12.10.045, 12.10.050, 12.10.060 and 12.10.070.
(Ord. 3197 § 2, 1978; Ord. 4429, 10/5/93)
A. 
No newsrack shall exceed sixty inches in height, thirty inches in width, or twenty-four inches in thickness.
B. 
No advertising signs or material other than those dealing with the name of the publication contained within the newsrack shall be displayed on the outside of any newsrack.
C. 
Each newsrack shall be equipped with a working coin-return mechanism to permit a person using the machine to obtain an immediate refund in the event a person is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.
D. 
Each newsrack shall have affixed to it in a readily visible place a notice setting forth the name and address of the person responsible for maintaining the newsrack and a working telephone number to call to report a malfunction, or to obtain a refund in the event of a malfunction of the coin-return mechanism. The name, address and telephone number given shall be those desired for receipt of the notices required by Sections 12.10.060 and 12.10.080.
E. 
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 reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling and cracked paint; be reasonably free of rust and corrosion; have no broken cracked, dented, blemished or discolored plastic or glass parts; have no torn, peeling or fading paper or cardboard parts or inserts; and have no broken or misshapen structural parts.
F. 
Newsracks are prohibited under Section 12.10.045 from displaying harmful matter.
(Ord. 3197 § 2, 1978; Ord. 4124 § 3, 1988; Ord. 4429, 10/5/93)
A. 
Pursuant to California Penal Code Section 313.1(d), any harmful matter displayed in a public place from which minors are not excluded must be concealed with blinder racks, so that the lower two-thirds of the material is not exposed to view.
B. 
Pursuant to California Penal Code Section 313, the following definitions apply to this section:
"Harmful matter"
means matter, taken as a whole and evaluated under contemporary statewide standards, which to the average person:
a. 
appeals to the prurient interest, and
b. 
depicts or describes sexual conduct in a patently offensive way, and
c. 
lacks serious literary, artistic, political, or scientific value for minors.
"Matter"
means any printed or written material, any pictorial representation, or any reproduction of such materials.
(Ord. 4124 § 4, 1988; Ord. 4476, 07/11/95)
A. 
No newsrack shall be located, maintained or placed at or within:
1. 
Any roadway;
2. 
Three hundred feet of a uniform newsrack location established pursuant to Section 12.10.060, except for any period, not to exceed thirty days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack;
3. 
Five feet of
a. 
any crosswalk,
b. 
bus bench,
c. 
fire hydrant, fire sprinklers connection, fire call box, police call box or other emergency facility;
d. 
any curb painted blue, pursuant to the provisions of California Vehicle Code section 21458;
e. 
the curb return of any unmarked crosswalk;
4. 
One foot of any area improved with lawn, flowers, shrubs or trees;
5. 
Five feet ahead or forty-five feet to the rear of a bus stop sign, or anywhere in an established bus stop area;
6. 
Ten feet of any driveway; or
7. 
One hundred feet of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks shall be placed side-by-side;
8. 
Three feet of the entrance or exit to any building;
9. 
At any location whereby the clear space of the passageway of pedestrians is reduced to less than four feet;
B. 
Except as otherwise prohibited by this chapter, newsracks which comply with the following standards shall be considered in compliance with the locational restrictions:
1. 
Newsracks shall be located only at the edge of sidewalks or pedestrian ways farthest from the curb or roadway (if any).
2. 
All newsracks shall face inward toward the centerline of sidewalks or pedestrian ways.
3. 
No newsrack shall be located on a pedestrian way directly opposite another newsrack.
4. 
Newsracks shall be located not more than 12 inches from the edge of the sidewalk or pedestrian way.
5. 
Newsracks located adjacent to a building shall be located parallel to and not more than six inches from the wall thereof.
6. 
No newsrack shall be located directly in front of any display window of any building abutting a sidewalk or pedestrian way, without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent shall be included in the encroachment permit application provided by section 12.10.055. If such consent is withdrawn, any newsrack placed in front of a display window shall be removed within 14 days of the date of written notice from the city to the owner of such newsrack.
C. 
No newsrack shall be chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases shall have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to Section 12.10.060 of this code, may be permanently affixed to the pavement or authorized support structures as established by city council resolution.
(Ord. 3197 § 2, 1978)
A. 
Any person who desires to install or place a newsrack within the public right-of-way must first obtain a city-wide encroachment permit. The permit application shall describe the specific locations for all newsracks owned and/or operated by the same vendor throughout the city and shall be in addition to any permit required for the installation of a uniform newsrack. For the purposes of this permit, a general description of the location of a uniform newsrack will be acceptable. There will be a one-time fee for this permit of $25.
B. 
Permits shall be amended as newsracks are added to or deleted from the listed locations. Failure to amend the permit within a reasonable time shall constitute a violation of this section. There shall be no fee for amendments to the encroachment permit.
C. 
No person shall be permitted to install or maintain any newsrack in the city unless a certificate of insurance issued by a company approved by the city attorney and in conformance with city council policy is on file with the planning department.
(Ord. 4429, 10/05/93)
A. 
By resolution, the council may from time to time establish uniform newsrack locations. The council shall first hold a public hearing, for which notice shall be sent at least thirty days in advance to all persons requesting notice, or whose name and address appears on an existing newsrack in the subject location, and after such hearing shall find that the location carries a substantial volume of pedestrian or vehicular traffic, that one or more of the harmful effects stated in Section 12.10.010 are presented by the existence of nonuniform newsracks at the location, and that uniform newsracks are feasible at the location.
B. 
The resolution shall: describe the location; designate the particular point(s) at that location where uniform newsracks may be installed; specify the maximum number of uniform newsracks to be allowed at the location; and specify the style, size, color or other attributes required of uniform newsracks at the location. Such specification shall not require uniform newsracks made by any particular manufacturer. The resolution may direct the director of public works to install a kiosk(s), pedestal(s) or other support structure to accommodate a stated number of newsracks.
C. 
No person shall install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the city manager.
1. 
Upon the adoption of a resolution by council establishing a uniform newsrack location, interested persons may apply for such permit. The city manager shall hold all such applications until thirty days after the date the resolution was adopted and shall then issue all permits applied for up to the maximum number established, if any, in the resolution.
2. 
No fee will be charged for the uniform newsrack permit.
3. 
All permits shall expire on December 31st following their issuance. Issuance shall be determined by lot; the first application drawn by lot shall be issued for the most favorable, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one newsrack in a single location will be allotted adjacent spaces. The remaining applications shall be denied, and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first-come, first-served basis.
4. 
Each year, during the month of December, the city manager shall draw lots in the above manner for permits for the next calendar year from among those holding permits and any new applications received by December 1st.
5. 
The council may at any time, on its own motion or upon request of any person, by resolution, increase the maximum number of available positions. In the event of such increase, or in the event a position becomes available by abandonment or otherwise, such position(s) shall be allotted by the above procedure.
D. 
Upon being granted a permit, the applicant may permanently install a uniform newsrack as described in the resolution, either affixing it to the pavement or ground, or in the event the resolution directs the director of public works to install support structures, then to such support structure.
(Ord. 3197 § 2, 1978; Ord. 4429, 1993)
No newsrack shall remain empty for a period of thirty continuous days.
Upon discovery or notification of an abandoned or vacant newsrack, the city shall post written notice on the newsrack and notify the owner by mail to remove such rack from the public right-of-way. Vacancies or abandoned newsracks in uniform locations may be refilled only after notification of all newsrack owners and a drawing by lot conducted as provided in subsection C3 of Section 12.10.050. The City shall not be required to wait thirty days to proceed if the intent to permanently abandon or vacate a newsrack or uniform newsrack location has been confirmed in writing by the owner of such newsrack.
(Ord. 3197 § 2, 1978; Ord. 4429, 1993)
Upon determining that a newsrack or uniform newsrack exists in violation of any provision of this chapter, the city manager shall:
A. 
If the newsrack is in violation of Section 12.10.040D and the city manager is unable to otherwise ascertain the name and address of its owner, cause it to be removed and processed as unclaimed property under applicable provisions of law.
B. 
If the newsrack is in compliance with Section 12.10.040D, cause an order to be issued to the person named in the notice required by Section 12.10.040D to correct the offending condition. The order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return receipt requested, to the person at the address shown on the notice required by Section 12.10.040D. The order shall specifically describe the offending condition and suggest actions necessary to correct it. If the distributor fails to correct properly the offending condition within five days (excluding Saturdays, Sundays and legal holidays) after receipt of the order, and no request for a hearing is filed pursuant to Section 12.10.090, the city manager shall cause the offending newsrack to be seized. The person named in the notice required by Section 12.10.040D shall be notified of the seizure by certified mail within thirty days. If no response is made, the city manager shall cause the newsrack to be processed as unclaimed property under applicable provisions of law.
C. 
Whether or not a newsrack is in compliance with Section 12.10.040D, if the newsrack poses an immediate danger to pedestrians or vehicles, cause it to be seized and processed as under the provisions of subsection B of this section.
D. 
In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alterative to removal of the newsrack, is authorized to correct the violation summarily.
E. 
Any newsrack existing in violation of any provision of this chapter shall constitute a public nuisance, and may be abated in accordance with applicable provisions of law.
(Ord. 3197 § 2, 1978)
A. 
Within ten days after receipt of the order of the city manager pursuant to the provisions of Section 12.10.080B, any party affected by the order may file with the city manager a written request for an administrative hearing.
B. 
Any dispute regarding matters covered by this chapter shall be reviewable by the city manager or designee. Any party affected may file with the city manager a written request for an administrative hearing.
C. 
The city manager shall set a time and place for the hearing and shall notify all parties thereof at least five days before the hearing date. The hearing shall be held within thirty days after the request is filed. Unless appealed, the decision of the city manager shall be final.
D. 
Any affected person who claims that an arbitrary decision has been made by the city manager may appeal the decision to the city council.
(Ord. 3197 § 2, 1978; Ord. 4429, 1993)