No person shall install, use, or maintain any newsrack which projects onto, into, or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway.
(Prior code § 7230.6.1)
No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or right-of-way, 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 government use, or when such newsrack unreasonably interferes with, or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of pole, posts, traffic signs or signals, hydrants, mail boxes, or other objects permitted within the public right-of-way, at or near such location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
(Prior code § 7230.6.2)
Any newsrack which in whole or in part rests upon, in or over any sidewalk or right-of-way, shall comply with the following standards:
A. 
No newsrack shall exceed four feet in height, 30 inches in width, or two feet in depth.
B. 
Newsracks shall only be placed near a curb or adjacent to a wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches, nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of the building shall be placed parallel such wall, not more than six inches from the wall. No newsrack shall be placed or maintained on a sidewalk or right-of-way opposite a newsstand or another newsrack.
C. 
No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.
D. 
Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
E. 
No newsrack, or group of attached newsracks allowed under this section, shall weigh in the aggregate, in excess of 125 pounds when empty.
F. 
No newsracks shall be placed, installed, used or maintained:
1. 
Within three feet of any marked crosswalk;
2. 
Within 15 feet of a curb return;
3. 
Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;
4. 
Within five feet of any driveway;
5. 
Within three feet ahead of, and/or within 15 feet to the rear of any sign marking a designated bus stop;
6. 
Within three feet of any bus bench;
7. 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
8. 
Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of 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.
G. 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
H. 
Each newsrack shall be maintained in a clean, neat and non-defaced condition, and in good repair at all times.
(Prior code § 7230.6.3)
Every person who places or maintains a newsrack on the streets of the city, shall have his or her name, address, telephone number affixed thereto in a place where such information may easily be seen.
(Prior code § 7230.6.4)
A. 
Any newsrack found to be in violation of the time, place and manner regulations of this section, shall be subject to the following:
Removal and immediate replacement, by any public body or officer, in order to restore such newsrack to a legal condition, in a location as near as possible to the noncomplying location.
B. 
Hearing.
1. 
The chief of police or designee shall set any violation of this section for hearing before the chief of police or designee. Notice of the hearing shall be given by registered mail and served upon the person named in Section 12.20.040, at the address set forth therein. The notice shall be given in the same manner as set forth in the Civil Code of Procedure for the service of summons. The notice shall set the hearing at a time that is not less than 10 days and no more than 30 days from the time that the notice is given. At the time of the hearing, the person alleged to be in violation shall have a right to present all evidence which he or she might have and all witnesses to rebut the allegations of the notice. The notice shall provide a description of the violation in detail.
2. 
After the hearing the chief of police shall issue an order to either summarily remove the newsracks or to give the person alleged to have violated this chapter a reasonable time to comply with this chapter to avoid a summary removal thereof. In the event that the person does not appear at the time designated for the hearing and service of the notice has been duly demonstrated, the chief of police or designee shall review the evidence and issue an order on a default basis.
C. 
Storage. All newsracks removed shall be stored for a period of 45 days, at which time the unclaimed newsracks will be destroyed. The person named in Section 12.20.040 is responsible for any reasonable storage fees up to the time the newsrack is claimed or destroyed.
D. 
Appeal. All decisions of the hearing officers may be appealed within 10 working days upon written notice to the mayor, and hearing before the full city council.
E. 
Nonconforming Use. Persons now maintaining newsracks on any public sidewalks or rights-of-way of the city shall have 90 days after the effective date of the ordinance codified in this chapter to bring such newsracks into conformity with the law. After the 90-day period all persons maintaining newsracks on the sidewalks or rights-of-way of the city shall comply with the requirements of this chapter in every respect.
(Prior code § 7230.6.5)