[Ord. 1216, 9-3-1997]
(A) 
The City Council hereby finds that newsracks, stands, containers and similar newspaper and vending devices have proliferated and increased in areas of the city to the extent that in some instances they constitute a threat to the public health, safety and welfare by impending pedestrian traffic and interfering with ingress and egress to and from buildings, vehicles and public modes of transportation.
(B) 
The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of newsracks on public rights-of-way so as to:
(1) 
Provide for pedestrian and vehicular safety.
(2) 
(a) 
Protect the right to distribute information protected by the state and federal constitutions through the use of newsracks.
(b) 
Avoid interference with the emergency activities of public safety agencies.
(3) 
Insure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
(4) 
Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, and access to locations used for public transportation services.
(5) 
Reduce exposure to the city to personal injury or property damage claims and litigation.
(6) 
Reduce visual blight on the public rights-of-way, and protect the aesthetics of store window displays, public landscaping and other improvements.
(7) 
Maintain and protect the value of surrounding properties.
(C) 
It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution, or dissemination of any newspapers or other written materials.
[Ord. 1216, 9-3-1997]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY
The City of Indio.
DIRECTOR
The Director of Development Services of the city, or his or her successor or his or her designee.
EXPLICIT SEXUAL ACTS
Depictions 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 genitals, whether any of the above 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 acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.
NEWSRACK
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of any publication.
OWNER
Any person or company whose name appears as an owner on a newsrack as required by § 97.134(H) of this chapter, for which a permit is sought or obtained.
PARKWAY
The area between the sidewalks 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. "Parkways" shall also include any area within a roadway which is not open to vehicular travel.
PUBLIC RIGHT-OF-WAY
Any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, public easement, crossing, intersection, parkway, highway, alley, lane, mall, court, way, thoroughfare, a park, square and any other similar public way.
ROADWAY
The portion of a street improved, designed or ordinarily used for vehicular travel.
SIDEWALK
Any surface provided for the use of pedestrians.
STREET
All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
[Ord. 1216, 9-3-1997]
(A) 
A newsrack permit issued in accordance with this chapter shall be required prior to the installation, placement or maintenance of any newsrack which in whole or in part rests upon, in or over any public right-of-way. Each permit shall be valid for one year unless sooner terminated as provided herein, and may be renewed annually. Each permit shall designate the number and location or locations of newsracks for which the permit has been issued.
(B) 
A written application far a newsrack permit shall be filed with the Director and shall contain the following:
(1) 
The name, address and telephone number of the applicant and of the owner of the newsrack(s).
(2) 
The name, address and telephone number of a representative or other responsible person whom the city may notify or contact at any time concerning the applicant's newsrack(s).
(3) 
The number of newsracks at the street address of each proposed location as shown on a scaled drawing.
(4) 
A diagram of the locations proposed for the installation of the newsrack(s).
(5) 
Names of newspapers or other written material to be contained in each newsrack.
(6) 
Type or brand of newsrack, including a photograph or scaled drawing of the newsrack and mount.
(7) 
A written statement satisfactory to the City Attorney whereby the owner agrees to indemnify, defend and hold harmless the city, its officers, officials 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 a newsrack or newsracks within the city.
(C) 
Each application shall be accompanied by a non refundable fee in an amount set by resolution of the City Council, which shall not exceed the actual cost of investigating the facts contained in the application and processing of the application.
(D) 
Upon a finding that the applicant and the owner are in compliance with the provisions of this chapter, the Director shall issue a newsrack permit applicable to the location or locations approved by the traffic engineer. If a permit is denied, the applicant shall be notified in writing of the specific cause of such denial by the Director and of the right to appeal in accordance with § 97.142.
(E) 
A newsrack permit shall not be required prior to the installation, placement or maintenance of a newsrack which does not rest in whole or in part in or upon a public right-of-way. Such newsrack may not, however, be placed within any required setback area, or where otherwise prohibited by the zoning ordinance of the city. For purposes of application of the zoning ordinance to newsracks, a newsrack shall be deemed to be a structure.
(F) 
Termination of permit for failure to maintain current information. The applicant and the owner have a continuing duty to maintain current information enabling the Director to contact the applicant and the owner, and any representative or other responsible person, during the term of the permit. Any failure by the applicant or the owner to maintain current the information set forth in divisions (B)(1) and (B)(2) above shall constitute grounds for termination of the permit. Upon termination of any permit because of such failure to maintain current contact information, all newsstands for which the permit had been issued shall be deemed abandoned.
[Ord. 1216, 9-3-1997]
(A) 
No person shall install, use or maintain, or cause to be installed, used or maintained, 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 the roadway of any public street.
(B) 
No person shall install, use or maintain, or cause to be installed, used or maintained, any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance:
(1) 
Would endanger the safety of persons or property;
(2) 
Is on a site or location used for public utility purposes, public transportation purpose or other governmental purpose;
(3) 
Would interfere unreasonably with or impede the flow of pedestrian or vehicle traffic, including access to any legally parked or stopped vehicle;
(4) 
Would interfere unreasonably with or impede 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 the location; or
(5) 
Would interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.
[Ord. 1216, 9-3-1997]
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) 
No newsrack shall exceed 40 inches in height, 30 inches in width or 24 inches in thickness.
(B) 
Newsracks shall only be placed near a curb or adjacent to the 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. Newsrack placed adjacent to the wall of a building shall be placed parallel to the wall and not less than six inches nor more than 18 inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway opposite a newsstand or another newsrack.
(C) 
No newsrack shall be chained, bolted or otherwise attached to any property without the express written permission of the owner of such property. No newsrack shall be bolted or affixed to any city-owned sidewalk, utility pole or signpost whatsoever.
(D) 
Notwithstanding the provisions of § 97.133, no newsrack shall be placed, installed, used or maintained:
(1) 
Within ten feet of any marked mid-blocked crosswalk;
(2) 
Within 30 feet of any street or alley curb return;
(3) 
Within eight feet of any fire hydrant, fire call box, curb bordering any fire access lane, police call box or other emergency facility;
(4) 
Within ten feet of any driveway;
(5) 
Within five feet in front of or 25 feet behind any sign marking a designated bus stop;
(6) 
Within six feet of any bus bench or bus shelter;
(7) 
At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet; or
(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.
(E) 
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 printed material sold therefrom.
(F) 
Each newsrack shall be maintained in a clean and neat condition and in good repair at all times.
(G) 
Each newsrack shall be constructed and located in compliance with this chapter and in such manner as to comply with all state and federal regulations concerning access by disabled persons.
(H) 
Each newsrack shall have affixed thereto in a place such information may be easily seen, the correct name, address and telephone number of the owner thereof. Upon acceptance of a newsrack permit, each permit shall be deemed to have consented to receive any notices given pursuant to this chapter, by mail, at the address affixed to such permitted newsrack(s).
(I) 
No newsrack permit shall be transferable without ten working days' prior notification to the city, complete contact information regarding the proposed transferee and continued compliance with the provisions of this chapter.
[Ord. 1216, 9-3-1997]
Publications offered for sale from newsracks placed or maintained on or projecting into or over a public right-of-way shall not be displayed or exhibited in a manner which exposes to public view from any public right-of-way 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 genitals, pubic hair, perinea, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
(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.
[Ord. 1216, 9-3-1997]
(A) 
Definitions. For purposes of this section, the terms "harmful matter," "matter," "person," "knowingly," "exhibit," and "minor" shall have the meanings specified in Cal. Penal Code § 313 or and successor provisions thereto. For purposes of this section, the term "blinder rack" shall mean opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view.
(B) 
Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter in any newsrack located in whole or in part in or on a public right of way or other public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view.
[Ord. 1216, 9-3-1997]
Whenever any newsrack is found to be in violation of this chapter, the Director shall cause a tag to be attached to such newsrack specifying the date and nature of the violation. Within three working days thereafter, a written notice of such violation shall be sent by first class mail be the Director to the owner whose name appears on the newsrack as required in § 97.137(H), specifying the nature of the violation and that the newsrack shall be impounded if corrections are not made. The owner shall, within ten working days from the date on which the notice of violation was mailed, either cause the violation to be corrected or request a hearing pursuant to § 97.141.
[Ord. 1216, 9-3-1997]
(A) 
If an owner fails to timely correct the violation(s) specified in the written notice, and fails to request a hearing within the time provided herein, the Director may impound such newsrack or newsracks.
(B) 
In the event a newsrack does not have the owner's name, address and telephone number affixed thereto as required by this chapter, then such newsrack may be impounded if, within ten working days of the date the violation tag was affixed, the owner has not requested a hearing as provided in § 97.141, in which case the newsrack shall be deemed to be abandoned.
(C) 
Where the installation, use or maintenance of a newsrack creates an immediate threat to the public health safety or welfare, it may be impounded, provided written notice is thereafter provided to the owner by first class mail pursuant to division (E) below.
(D) 
When such newsrack had been abandoned, it may be impounded. For purposes of this section, a newsrack shall be deemed abandoned when it has remained empty for 30 consecutive days or longer, or no new publication has been placed in the newsrack for 45 days longer. Upon abandonment, a newsrack may be impounded notice is given to the owner, if the owner can be identified, pursuant to division (E) below.
(E) 
Whenever any newsrack is impounded, the Director shall provide written notice by first class mail to the owner within three working days of such impoundment and of the rights of the owner to recover such impounded newsrack(s).
[Ord. 1216, 9-3-1997]
(A) 
Any newsrack, together with its contents, which has been impounded shall be returned to the owner:
(1) 
If a hearing is, not timely requested, upon receipt of an impound fee within 30 days of impoundment, amount of which has been set by resolution of the City Council;
(2) 
Upon a determination after hearing by the Director that the newsrack should not have been impounded and should be returned to the owner; or
(3) 
Upon a decision by the City Council on appeal that the newsrack should not have been impounded.
(B) 
In the event a hearing has not been requested within the time permitted, an impound fee, the amount of which has been set by resolution of the City Council, shall be imposed upon the owner.
[Ord. 1216, 9-3-1997]
The Director may sell or otherwise dispose of any newsrack, together with its contents, and retain the proceeds, on behalf of the city, from any such or other disposition and any moneys contained in the newsrack at the time of its impoundment, provided that either:
(A) 
Thirty days have elapsed since impoundment occurred, no hearing has been required within the time permitted and the owner has failed to pay all impound fees assessed; or
(B) 
A hearing and an appeal, if filed, have resulted in a final determination that the newsrack was properly impounded and fees assessed have not been received with in 30 days from the date of said final determination.
[Ord. 1216, 9-3-1997]
(A) 
Any newsrack owner may file a written request with the Director of a hearing within the time specified in § 97.137 for the purpose of demonstrating that a newsrack should not be impounded, was properly impounded, or that a violation as specified in the notice of violation has not in fact occurred.
(B) 
Within five working days from the date on which the request for hearing is received, the Director shall set a hearing date and shall notify the owner by first class mail of the date, time and place of such hearing. The hearing shall occur within ten working days of the date of mailing notice.
(C) 
Conduct of hearing. At the time set for the hearing or at the date to which the hearing is continued, the Director shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any or all of the provisions of this chapter and any other relevant information. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
(D) 
Within ten working days after the conclusion of the hearing, the Director shall find and determine, from the facts adduced at the hearing, whether the newsrack is in violation of this chapter. Any decision of the Director shall be in writing and shall contain findings of fact, a determination of the issues presented and the amount of the impound fee, if any, to be imposed. Thereafter, the Director may order the owner to remove such newsrack, of determined to be in violation of this chapter, within ten working days of the mailing date of the decision. If a notice of appeal is not timely filed during in ten day period, the Director may thereafter order the newsrack to be impounded without further notice to the owner.
(E) 
The Director shall send to the owner, a copy of the decision and order, by first class mail.
[Ord. 1216, 9-3-1997]
(A) 
Any newsrack owner may, within ten working days of the mailing state of the copy of the Director's decision and order, appeal; such decision to the City Council by filling a notice of appeal. If no hearing was timely requested and a newsrack was impounded, then the owner may appeal such impoundment provided a written request for appeal such is received by the Director with ten working days of such impoundment.
(B) 
An appeal shall set forth in writing specifically wherein the appellant believes there was error or abuse of discretion on the part of the Director. The Director shall, within ten working days, transmit the appeal, together with a copy of the file, decision and order, to be set for hearing.
(C) 
The City Council shall, upon receipt of the material specified in the preceding division from the Director, and after a hearing:
(1) 
Approve the decision and order of the Director;
(2) 
Reverse or modify the decision and order, and refer the matter back to the director; or
(3) 
Where no hearing before the Director was timely requested, sustain the impoundment or impose fees or order the newsrack returned with or without fees being imposed.
[Ord. 1216, 9-3-1997]
(A) 
In the event an owner removes any newsrack, or has a newsrack removed by the Director following hearing and/or appeal, if any, it shall be such owner's responsibility to restore the site of the newsrack to an undamaged condition. Undamaged condition shall mean a condition which is smooth, free of holes, fasteners, and physical devices of any nature such that another news rack may be located on that specific site without further restoration.
(B) 
In the event such newsrack permittee fails to restore the site as required herein, the city shall be authorized, at its discretion, to restore the site following the expiration of five working days' prior written notice to the owner stating his or her obligation to perform restoration. The cost of such restoration performed by the city shall be recoverable from the permit as a debt in a contract action.