Note: Prior history: Sections 4-10.01 through 4-10.06, as added by Ordinance No. 98-NS, effective January 16, 1974, as amended by Ordinance Nos. 128-NS, effective September 17, 1975, and 238-NS, effective September 5, 1979, Section 4-10.07, as added by Ordinance No. 100-NS, effective February 20, 1974, and Sections 4-10.08 and 4-10.09, as added by said Ordinance No. 238-NS, amended in their entirety by Urgency Ordinance No. 361-NS, effective June 11, 1984, as amended in its entirety by Ordinance No. 850-NS, effective January 21, 2010.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"News rack"
shall mean any self-service or operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers or news periodicals.
"Parkway"
shall mean 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" shall also include any area within a roadway which is not open to vehicular travel.
"Roadway"
shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel.
"Sidewalk"
shall mean any surface provided for the exclusive use of pedestrians.
"Street"
shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
No person shall install, use, or maintain any news rack or other structure which projects into, onto, or over any part of any roadway of any public street or which rests wholly or in part upon, along, or over any portion of the roadway of any public street.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
(a) 
No person shall install or maintain any news rack which in whole or in part rests upon, in, or over any street without first registering the news rack with the City and without otherwise complying with the provisions of this chapter. Such registration shall be in writing by the owner of the news rack or his or her authorized agent, shall be filed with the Director of Community Development, and shall contain the following:
(1) 
The name, address, and telephone number of the owner of the news rack and the name and address of the person to whom any notice pursuant to this chapter should be given;
(2) 
The location at which the news rack is to be installed and maintained;
(3) 
The specified number of news racks and the detailed proposed location for each one, shown on a drawing of the location and general vicinity, and all other possible obstructions within 20 feet of the proposed location of the news rack(s);
(4) 
Types or brand of news rack, including an illustration and description of the news rack, size of base of plate, and whether the news rack will have a coin-box attachment, or equivalent;
(5) 
Application shall include a fee as stated in a resolution approved by City Council;
(6) 
An executed document, approved as to form by the City Attorney, by which the registrant agrees to indemnify and hold harmless the City and its officers, employees, and agents, from any claim, demand, or judgment in favor of any person arising out of the activities or inactivities of the registrant with respect to the location, installation, maintenance, or removal of the registrant's news racks; and
(7) 
A certificate of insurance evidencing that a liability insurance policy and a property damage insurance policy have been issued, naming the City as an additional insured, in an amount not less than $100,000 minimum liability per occurrence on account of personal injury (including bodily injury) per person and $300,000 limit per occurrence. The minimum for property damage shall be in the amount of $10,000. The evidence of insurance filed with the City shall include a statement by the insurance carrier that 10 days' written notice will be given to the City before any cancellation of coverage.
(b) 
In the event of a change in the ownership of news rack or a change in publication, the new owner shall, within 72 hours, notify the Community Development Department of the change and provide the name, address, and phone number of the new owner(s) and/or publication.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
No person shall install, use, or maintain any news rack which in whole or in part rests upon, in, or over any public sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property, or which site or location is used for public utility purposes, public transportation purposes, or other governmental uses, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress into 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 such location.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
No news rack shall be placed, installed, used, or maintained in a parkway where both the parkway and the news rack are immediately adjacent to property zoned R-L, as such zone is defined in Title 9 of this Code. The provisions of this section shall not prohibit the location of news racks in a parkway in such zone where both the parkway and the news rack are adjacent to a public building, exclusive of elementary, junior high, and high schools, which is open to and used by the public.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
Any news rack which in whole or in part rests upon, in, or over any public sidewalk or parkway shall comply with the following specifications:
(a) 
The news rack shall not exceed forty-eight (48″) inches in height, thirty (30″) inches in width, or twenty-four (24″) inches in depth.
(b) 
The news rack shall not be chained, bolted, or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object; provided, however, the news rack may be securely anchored to the ground or sidewalk.
(c) 
The news rack shall be installed on a single or multiple pedestal-type or modular-type base; provided, however, not more than four news racks shall be installed on any one base.
(d) 
News racks shall be single-pedestal, "K-Jack" model, KJ-100 T Flattop or KJ-825 Car-Mate in dark green or a similar model approved by the Director of Community Development.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
Any news rack which in whole or in part rests upon, in, or over any public sidewalk or parkway shall comply with the following standards:
(a) 
News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than eighteen (18″) inches nor more than twenty-four (24″) inches from the edge of the curb. News racks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6″) inches from the wall. No news rack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another news rack. All news racks shall be level.
(b) 
Notwithstanding the provisions of Section 4-10.04 of this chapter, no news rack shall be placed, installed, used, or maintained:
(1) 
Within five (5′) feet of any marked crosswalk;
(2) 
Within five (5′) feet of any curb return;
(3) 
Within five (5′) feet of any fire hydrant, fire call box, police call box, or other emergency facility;
(4) 
Within five (5′) feet of any driveway;
(5) 
Within five (5′) feet ahead of and twenty-five (25′) feet to the rear of any sign marking a designated bus stop;
(6) 
Within six (6′) feet of any bus bench or transit advertising shelter; or
(7) 
Within three (3′) feet of any area improved with lawn, flowers, shrubs, or trees, or within three (3′) feet of any display window of any building abutting the sidewalk or parkway, or in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
(8) 
Within five (5′) feet of any outdoor uses;
(9) 
Within twenty (20′) feet of both sides of buildings officially designated Historical structures or within a designated Historic District, proposed locations of news racks shall be determined in consultation with the Historic Preservation Commission. Prior to any review by the Historic Preservation Commission, the property owner shall submit a news rack review application to the Community Development Department. In addition to the news rack review application, the owner shall submit a site plan, colored photos of the subject and adjacent properties, and the Historic Preservation Commission review fee as set by a resolution approved by the City Council.
(c) 
No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale, or purchase of the newspaper or news periodical sold therein.
(d) 
No news rack shall be chained, bolted, or otherwise attached to any property or any permanently fixed object.
(e) 
The total amount of news racks permitted in the City is as follows:
(1) 
Not more than four news racks shall be placed immediately adjacent to each other. Each group of racks shall be separated by a minimum space of fifty (50′) feet.
(2) 
No more than eight news racks shall be located within ten (10′) feet of a curb corner. For purposes of this news rack, a curb corner is a common area formed at the intersection of, and consisting of the overlap of, two adjacent sidewalks.
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(3) 
Not more than 16 news racks shall be placed within 200 feet of the same block face. However, the Community Development Department may establish a number greater or less than 16 in any specific block face by conducting an engineering study. In cases where a block face is longer than 200 feet, for every additional fifty (50′) feet of block face greater than 200 feet, an additional four news racks may be installed.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
Each news rack shall be maintained in a clean, neat, and safe condition and in good repair at all times in accordance with the following specifications:
(a) 
The news rack permittee shall maintain all news racks and the sidewalk surface under all news racks and the sidewalk surface immediately under and adjacent (within two (2′) feet) to the new racks in a safe, clean, attractive, and sanitary condition and in good condition and in good order and repair as determined by the Community Development Department. The permittee shall make routine inspection and maintenance calls on each news rack once a week. Such inspection and maintenance call may be incorporated with delivery of newspaper or other publications. The permittee shall make more frequent calls if conditions warrant. At each maintenance call, the permittee shall clean, wash and remove all graffiti, stickers, posters, litter, dust, dirt and weeds at each news rack. The news rack shall be maintained in a continual good and working condition.
(b) 
Permittee shall respond to a request to perform maintenance within 24 hours. The permittee shall use cleaning methods and procedures that have been demonstrated, approved, and are environmentally safe, utilizing acceptable industry practices.
(c) 
The permittee shall complete necessary repairs within two weeks of notification that a news rack is not in compliance with this section. If the news rack damage or vandalism is of any emergency or hazardous nature, the permittee will repair, replace, remove or secure the site within 24 hours of notification. If the news rack is completely destroyed because of an accident, the permittee shall remove the news rack and appurtenant structures within 24 hours of notification, including repair of any damage to the public right-of-way, returning the site to its former condition prior to the news rack installation.
(d) 
The permittee will, upon notification by the City, or upon inspection, remove graffiti within 24 hours from any news rack.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
Publications offered for sale from any news rack, which in whole or in part rests upon, in, or over any public sidewalk or parkway, shall not be displayed or exhibited in a manner which exposes to the public view from the public sidewalk or parkway any of the following:
(a) 
Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront;
(b) 
Any picture or illustration of less than completely and opaquely covered human genitals, pubic hair, pubic regions, perineums, anuses, anal regions, the female breast below a point immediately above the top of the areola, and male genitals in a discernibly turgid state, even if completely and opaquely covered, where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; or
(c) 
Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. "Explicit sexual act," as used in this section, shall mean the depiction of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of such conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, or anus or anal region.
(d) 
Any harmful matter as stated in California Penal Code 313.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
On or before July 11, 1984, every person or other entity which places or maintains a news rack on the streets of the City shall have his or her or its name, address, and telephone number affixed thereto in a place where such information may be easily seen.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
(a) 
Whenever the Director of Community Development is advised that a news rack has been installed or is being maintained in violation of this chapter, he or she shall so notify the person in whose name the news rack is registered pursuant to Section 4-10.03 of this chapter. Such notice shall state the nature of the violation, the intention to impound the news rack if the violation is not corrected or a hearing is not requested before the City Manager within 10 days after the giving of such notice, and the procedure for requesting such a hearing.
(1) 
A timely request for a hearing shall stay any impounding; provided, however, if the violation is not corrected within five days after the decision at such hearing becomes final, the Director of Community Development may impound the news rack in accordance with subsection (c) of this section.
(2) 
The fee for a hearing shall be as stated in resolution approved by City Council.
(b) 
Notwithstanding the provisions of subsection (a) of this section, in the case of violations of this chapter relative to restrictions upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects, or to each other, and upon the location of news racks, the Director of Community Development, or designee, as an alternative to the procedure specified in subsection (a) of this section, may move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.
(c) 
Whenever a news rack is impounded pursuant to subsection (a) of this section, the news rack shall be removed by the Director of Community Development, or designated representative, and stored in any convenient place. The Director of Community Development, or designee, shall notify the owner thereof by mailing a notice of removal to the last-known address of the owner. Such notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any such news rack removed and stored pursuant to the provisions of this subsection shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges for the removal and storage thereof. Upon the failure of the owner to claim such news rack and pay the reasonable charges within 45 days after the mailing of the written notice of removal, such news rack shall be deemed to be unclaimed property in the possession of the Police Department and may be disposed of pursuant to law.
(d) 
Any news rack in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the news rack, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director of Community Development, or designee, shall notify the owner thereof by mailing a notice of removal to the last-known address of the owner. Such notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a postremoval hearing before the City Manager, if desired. Any such news rack removed and stored pursuant to the provisions of this subsection shall be released to the owner thereof if claimed within 45 days after the mailing of the written notice of removal and upon the payment of reasonable charges for the removal and storage thereof. Upon the failure of the owner to claim such news rack and pay the reasonable charges within said 45 day period, such news rack shall be deemed to be unclaimed property in the possession of the Police Department and may be disposed of pursuant to law.
(e) 
Within 10 days after the notice of violation or the notice of removal of a news rack summarily impounded, the person in whose name the news rack is registered pursuant to Section 4-10.03 of this chapter, or other person who provides satisfactory proof of ownership, may request a hearing before the City Manager. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director of Community Development.
The hearing shall be held within five working days after the filing of the request, unless continued for good cause. At the hearing any person may present evidence or argument as to whether the news rack has violated the provisions of this chapter. Within two working days after the close of the hearing, the City Manager shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing.
(f) 
All notices shall be sent by registered mail to the registrant at the address shown on the registration.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
The Director of Community Development shall keep and maintain an index file of all registrations effected under the provisions of this chapter.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
(a) 
The provisions of this chapter shall apply to all news racks, whether installed and maintained prior to or after December 21, 2009. Those news racks installed prior to December 21, 2009, shall be brought into compliance with the provisions of this chapter on or before March 21, 2010.
(b) 
Any news rack not brought into compliance on or before March 21, 2010, shall be deemed to be in violation of this chapter, subject to the notice and hearing provisions provided in this chapter.
(c) 
The Director of Community Development shall notify all publications or distributors who, on December 21, 2009, have news racks located within the City of the enactment of this chapter by mailing a copy thereof to each such distributor or publication.
(d) 
In situations where the news racks are nonconforming by reason of exceeding the numerical allowance limitations described in Section 4-10.07, then a determination shall be made as to which news racks shall be permitted to remain and which shall be removed. In determining which nonconforming news racks shall be permitted to remain, the Director of Community Development shall be guided by the following criteria:
(1) 
First priority shall be given to news racks used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedures set forth in Title 1, Division 7, Chapter 1 of the California Government Code.
(2) 
Second priority shall be given to news racks used for the sale of daily publications (those published on 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 news racks 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) 
In the event that there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient news rack spaces remaining to accommodate the conflicting newspapers after the first filling as many spaces as possible by utilizing the criteria set forth above, then the Director of Community Development or designated representative shall assign the space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which names shall be drawn, one at a time until the particular locations remaining number of unfilled news racks has been filled. Such drawing shall be open to the public at a time and date designated by the Director of Community Development or designated representative.
(§ 1, Ord. 850-NS, eff. January 21, 2010)
The provisions of this chapter providing for administrative remedies are hereby declared to be an alternative procedure to any other remedy provided by law. In the event an election is made to file criminal proceedings, notice thereof shall be given in the initial administrative notice required to be given by this chapter.
(§ 1, Ord. 850-NS, eff. January 21, 2010)