As used in this chapter:
"Coordinator of public services"
means the coordinator or the designee of the coordinator.
"Newsrack"
means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or periodicals.
"Parkway"
means that area between the sidewalk and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also means and includes any area within a roadway which is not open to vehicular travel.
"Roadway"
means that portion of a street improved, designed or ordinarily used for vehicular travel.
"Sidewalk"
means any surface provided for the exclusive use of pedestrians.
"Street"
means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
(Prior code § 7590)
A. 
No person shall place, install, maintain or relocate any newsrack or other structure which projects onto, into or over any part of the roadway or any public street, or which rests, wholly or in part, upon, along or over any portion of the roadway or any public street.
B. 
No person shall place, install, maintain or relocate any newsrack which in whole or in part rest upon, in or over any public sidewalk or parkway, when such placement, installation, maintenance or relocation 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 newsrack unreasonably interferes with, or impedes, the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress to, 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 the location, or when such newsrack interferes with the cleaning of any sidewalk.
(Prior code § 7591)
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:
A. 
Newsracks shall be K-Jack Style Mount Model 100 or the equivalent.
B. 
No newsrack shall exceed forty inches in height, thirty inches in width, or twenty-four inches in thickness.
C. 
Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
D. 
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.
E. 
Newsracks may be chained or otherwise attached to one another; however, no more than six newsracks may be jointed together in this manner, and a space of no less than thirty-six inches shall separate each group of newsracks so attached.
F. 
Notwithstanding the provisions of Section 5.44.010B, no newsrack shall be placed, installed, maintained or relocated to:
1. 
Within five feet of any marked crosswalk;
2. 
Within fifteen feet of the curb return of any unmarked crosswalk;
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 five feet ahead of, and twenty-five feet to the rear of, any sign marking a designated bus stop;
6. 
Within six feet of any bus bench;
7. 
At any location whereby the clear space for 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 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; or
9. 
Within fifty feet of any other newsrack containing the same publication.
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 and neat condition and in good repair at all times.
I. 
No more than six newsracks shall be located on any public right-of-way within a space of two hundred feet in any direction within the same block of the same street; provided, however, that no more than twelve newsracks shall be allowed on any one block. As used in this section, "block" means one side of a street between two consecutive intersecting streets.
Whenever more than six newsracks are proposed for any one location (two-hundred-foot space) or more than twelve newsracks are proposed for any one block or whenever more than one newspaper is proposed for an abandoned or vacated newsrack, the coordinator of public services shall be guided solely by the following:
1. 
First priority shall be given to newsracks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Division 7, Article 2 of the California Government Code.
2. 
Second priority shall be given to newsracks used for the sale of daily publications (those published five or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
3. 
Third priority shall be given to newsracks used for the sale of weekly publications (those published on at least one but less than five days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
4. 
Fourth priority shall be given to newsracks used for the sale of periodic publications (those published less than five days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
As between newspapers included within any single category provided in this section, priority shall be given to newsracks used for the sale of the most frequently published publications. As between publications published with equal frequency, the coordinator of public services shall make the determination by random selection.
(Prior code § 7593)
A. 
No person or entity shall place, install, maintain or relocate any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, unless and until such person or entity has obtained a newsrack permit from the coordinator of public services; provided, that any person or entity who maintained such newsrack prior to the effective date of the ordinance codified in this chapter shall apply for a permit within thirty days after the ordinance codified in this chapter becomes effective. A separate permit shall be required for each newsrack regardless of the number of newsracks the applicant maintains in the city.
B. 
The applicant shall provide the coordinator of public services with the following:
1. 
The model, dimensions and proposed location of the newsrack; and
2. 
A signed written statement, satisfactory to the city attorney, whereby the person or entity in whose name the permit shall be issued agrees to indemnify and hold harmless the city, its officers, councilmen and employees, from any loss or liability or damage, 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 the newsrack; and
3. 
The name, address and telephone number of the person or entity in whose name the permit shall be issued.
C. 
From the information provided according to this section and guided solely by the standards and criteria set forth in Section 5.44.030, the coordinator of public services shall approve or deny the application. When denial is solely as to location, it shall be without prejudice, so that the applicant may amend such application to state a different location.
D. 
Notwithstanding the provisions of subsections B and C of this section that the application be submitted to, and approved by, the coordinator of public services, when the newsrack is to be placed, installed or maintained on, or relocated to, a public sidewalk or parkway in conjunction with a development on private property for which approval of a precise plan of design is required pursuant to Chapter 18.16 of this code, the application for a newsrack permit, containing all of the information required in subsection B of this section, shall be submitted with the precise plan. After consulting with the coordinator of public works, the development review committee shall approve or deny the application based upon the criteria set forth in Section 5.44.030.
E. 
For each approved newsrack the permittee shall permanently affix the newsrack in a place where such information can be easily seen the permit number and the name, address and telephone number of the person or entity in whose name the permit is issued.
(Prior code § 7594)
A. 
Any newsrack placed, installed, maintained or relocated in violation of the provisions of this chapter shall be tagged with a notice of violation, stating the violation, date of tagging, intention to remove the newsrack if the violation is not corrected within five days and the procedure for requesting a hearing before the coordinator of public services, if such hearing is desired. When the newsrack displays a permit number, the coordinator of public services shall, in addition to tagging the newsrack, send a copy of the notice of violation to the permittee at the address shown on the permit application. Any newsrack which has been tagged and remains in violation of the provisions stated on the notice of violation past the five-day correction period and for which a hearing has not been requested, shall be impounded by the coordinator of public services.
B. 
Notwithstanding subsection A, in the case of any violation of this chapter relative to restrictions upon attachment of newsracks to property other than that owned by the owner of the newsrack, to fixed objects, or to each other, and upon location of newsracks the coordinator of public services may, as an alternative to tagging the newsrack, move, align, remove such attachment, or otherwise move such newsrack or newsracks in order to restore them to a legal condition.
C. 
Not withstanding subsection A of this section, in the case of any violation of this chapter which creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, the newsrack may be summarily impounded by the coordinator of public services.
(Prior code § 7595)
A. 
Any newsrack which has been impounded by the coordinator of public services pursuant to subsections A or C of Section 5.44.050 shall be stored in a convenient place. The coordinator of public services shall notify the permittee thereof by mailing a notice of removal to the address shown on the permit application. Such notice shall state the date the newsrack was removed, the reasons therefor, where the newsrack is being stored, the procedure for claiming the newsrack, and the procedure for requesting a post-removal hearing before the coordinator of public services, if such hearing is desired.
B. 
A timely request for a hearing made prior to impounding shall stay any impounding, provided that if the violation is not corrected within five days after the decision becomes final, the coordinator of public services may impound the newsrack pursuant to Section 5.44.050.
C. 
The permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership of the impounded newsrack may, at any time up to and including the forty-fifth day after the impounding, or if a hearing pursuant to this chapter is held concerning the newsrack, at any time up to and including the forty-fifth day after the decision at such hearing becomes final, obtain the return of the newsrack and its contents, upon paying an impound fee of twenty-five dollars plus reasonable additional costs, if any, of impounding the newsrack in excess of twenty-five dollars.
D. 
The coordinator of public services or the city council, after a hearing in accordance with this chapter, shall order the newsrack returned without payment of any impound fee, or if an impound fee has previously been paid, shall order return of such impound fee, if the impounded newsrack was found not to have been in violation of this chapter.
E. 
Upon failure of the permittee or any claimant to claim an impounded newsrack and pay the impound fees within the time limitations set forth in subsection B of this section, the newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to Chapter 2.68 of this code.
(Prior code § 7596)
A. 
Any permittee or, if there is no known permittee, a claimant who provides sufficient proof of ownership of a newsrack found in violation of this title may request in writing a hearing before the coordinator of public services within five days of issuance of the notice of violation or within fifteen days of the mailing of the notice of removal.
B. 
The hearing shall be held within three working days of the request for the hearing. At the hearing any person may present evidence or argument as to whether the newsrack is in violation of this chapter and whether the newsrack should be returned without payment of an impound fee.
C. 
Within two working days after the close of the hearing, the coordinator of public services shall render a decision in writing and such decision shall be mailed to the person who requested the hearing.
(Prior code § 7597)
A. 
Any person who requested a hearing before the coordinator of public services may, within ten days after the decision was mailed, appeal such decision to the city council. The appeal shall be in writing, shall state the basis upon which the appeal is made, and shall be filed with the city clerk.
B. 
At the next regular meeting of the city council after the appeal is received, the city council may take any one of the following actions:
1. 
Grant a stay of the decision and any impounding;
2. 
Approve the decision of the coordinator of public services;
3. 
Refer the matter back to the coordinator of public services; or
4. 
Set the matter for hearing within thirty days thereafter.
(Prior code § 7597.01)
The provisions of this chapter shall apply to all newsracks, whether placed, installed, maintained or relocated prior to, or after, the effective date of any of the provisions of this chapter. Those newsracks installed prior to the effective date of any provision enacted under this chapter shall be brought into compliance with the provisions within thirty days of the effective date thereof. Any newsrack not brought into compliance within the aforementioned time period shall be deemed in violation of this chapter.
(Prior code § 7598)
Notwithstanding the provisions of Section 5.44.050, whenever in this chapter any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor, and any person convicted of such misdemeanor shall be punishable by a fine not exceeding two hundred dollars.
(Prior code § 7599)