ARTICLE V. - NEWSRACKS
Sec. 3-201. - Definitions.
Sec. 3-202. - Purpose.
Sec. 3-203. - Prohibitions.
Sec. 3-204. - Registration of location/permit.
Sec. 3-205. - Standards for installation, maintenance and operation.
Sec. 3-206. - Newsracks identification required.
Sec. 3-207. - Newsrack violations.
Sec. 3-208. - Applicability to all newsracks.
Sec. 3-209. - Newsrack violations; infraction.
Sec. 3-210. - Indemnification of city.
Sec. 3-211. - Insurance.
Sec. 3-201. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Newsracks 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 news periodicals.
Parkway means that 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. Parkway shall also include 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 primary 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.
(Ord. No. 1076, § 1(3-41), 4-20-93)
Cross reference—Definitions and rules of construction generally, § 1-2.
Sec. 3-202. - Purpose.
The city council finds that it is in the interest of public health, safety and welfare of the citizens of the city to regulate
the location, size and appearance of newsracks within city limits. The city council further finds that without such regulation,
such newsracks may pose a hazard to public safety. The city council finds that the regulation and registration of location,
size and appearance of newsracks will minimize any potential danger to the public safety.
(Ord. No. 1076, § 1(3-40), 4-20-93)
Sec. 3-203. - Prohibitions.
(a)
No person shall install, use or maintain any newsrack or other structure 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 any newsrack 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; when such site or location
is used for public utility purposes, public transportation purposes or other governmental use; when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked 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 the location; or when such newsrack interferes with the cleaning of any sidewalk
by the use of mechanical sidewalk cleaning machinery.
(Ord. No. 1076, § 1(3-42), 4-20-93)
Sec. 3-204. - Registration of location/permit.
(a)
No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway
without first obtaining a permit from the director of community development or his designated representative after providing
the following:
(1)
A site plan/plot plan, which shows that the design, dimension, materials and location of each newsrack to be installed or
maintained in the city under the application meet the standards in this article; and
(2)
The name, address and telephone number of the applicant.
(b)
No more than one notification shall be required per applicant, regardless of the number of newsracks the applicant maintains
in the city.
(c)
From the information contained in subsections (a) and (b) of this section the director of community development or his designated
representative shall designate locations and shall be guided therein solely by the standards and criteria set forth in section
3-205. Such application may be granted either in whole or in part when more than one location is proposed by the applicant,
and, in any event, when denial is solely as to location, it shall be without prejudice to amend such application to state
a different location.
(d)
A registrant for location shall report immediately to the director of community development or his designated representative
any change of address of such registrant or any sale or transfer of ownership of newsracks located in the city. Any transference
of such newsracks shall comply with the provisions of this section and the provisions of section 3-206.
(e)
A permit shall be issued pursuant to this section without charge to the applicant.
(f)
Any permit issued pursuant to this section is subject to revocation if the newsrack installed does not comply with the site
plan/plot plan and other description in the application for the same.
(Ord. No. 1076, § 1(3-43), 4-20-93)
Sec. 3-205. - Standards for installation, maintenance and operation.
(a)
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following
standards:
(1)
No newsrack shall exceed 48 inches in height, 30 inches in width, or two feet in thickness.
(2)
All newsracks will be bolted to the sidewalk per city approval.
(3)
Newsracks shall only be placed pursuant to approval by the director of community development or his designated representative
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. 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.
(4)
No newsrack shall be chained or otherwise attached to any property not owned by the owner of the newsrack or to any permanently
fixed object without the express permission of the owner of the property.
(5)
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 36 inches shall separate each group of three newsracks so attached.
(6)
Notwithstanding the provisions of subsection (b) of this section, no newsrack shall be placed, installed, used or maintained:
a.
Within five feet of any marked crosswalk.
b.
Within 15 feet of the curb return of any unmarked crosswalk.
c.
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility.
d.
Within ten feet of any driveway.
e.
Within five feet to the front, and 25 feet to the rear of any sign marking a designated bus stop.
f.
Within six feet of any bus bench.
g.
At any location where placement of a newsrack would impede the passageway of pedestrians or where the clear space for the
passageway of pedestrians is reduced to less than four feet.
h.
Within 50 feet of any other newsrack containing the same publication.
i.
Within three feet of any display window of any building abutting the sidewalk or parking or in such a manner as to impede
or interfere with the reasonable use of such window for display purposes.
j.
At any location which would interfere with the distance standards for traffic as set in chapter 200 and section 405.1 of the
CalTrans Highway Design Manual, January 1987 version, and as set in chapter 30 of this Code.
(7)
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.
(8)
Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(9)
No more than eight newsracks shall be located on any public right-of-way within a space of 200 feet in any direction within
the same block of the same street; provided, however, that no more than 16 newsracks shall be allowed on any one block. As
used in this section, block shall mean both sides of a street between two consecutive intersecting streets.
(b)
In determining which newsracks shall be permitted to remain, the director of community development or his designated representative
shall be guided solely by the following criteria:
(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 the county, pursuant to the procedures set forth in Government Code § 6000 et seq.
(2)
Second priority shall be given to newsracks 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 the 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 the county.
(c)
If there is a conflict between newspapers within the same priority seeking the same location, and there are insufficient newsrack
spaces remaining to accommodate the conflicting newspapers after first filling as many spaces as possible by utilizing the
criteria set forth in this section, then the director of community development or his designated representative shall assign
the spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which
the names shall be drawn, one at a time until the remaining number of unfilled newsracks at that time and date designated
by the director of community development or his designated representative.
(Ord. No. 1076, § 1(3-44), 4-20-93)
Sec. 3-206. - Newsracks identification required.
Every person or other entity which places or maintains a newsrack on the streets of the city shall have his name, address
and telephone number affixed thereto in a place where such information may be easily seen. Prior to the designation of a location
by the director of community development or his designated representative, the applicant shall present evidence of compliance
with this section.
(Ord. No. 1076, § 1(3-45), 4-20-93)
Sec. 3-207. - Newsrack violations.
(a)
Any newsrack installed, used or maintained in violation of the provisions of this article shall be tagged with a notice of
violation stating the violation, date of tagging, notice of intention to remove the newsrack if the violation is not corrected
within ten days, and procedure for obtaining a hearing before the director of community development or his designated representative,
if desired. Such notice of violation shall also be mailed by first class postage to the name and address of the newsrack on
file with the city.
(b)
Notwithstanding subsection (a), in the case of violations of this article relative to restrictions upon attachments of newsracks
to property other than that owned by the owner of the newsracks to fixed objects or to each other and, upon location of newsracks,
the director of community development or his designated representative may, as an alternative to tagging such newsrack, move,
align, remove such attachment, or otherwise move such racks in order to restore them to a legal condition.
(c)
Any newsrack which has been tagged and which notice of violation has been mailed to the registered owner on file with the
city, which remains in violation of the provisions stated on the tag after the ten-day correction period has expired, provided
no hearing has been requested by the registered owner, the newsrack shall be removed by the director of community development
or his designated representative and stored in any convenient place. The director of community development or his designated
representative shall notify the owner thereof by mailing a notice of removal to the last known address of the owner on file
with the city. Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure
for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the director of community development
or his designated representative, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released
to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and
storage therefor. Upon failure of the owner to claim such newsrack and pay the reasonable charges within 45 days after the
mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the department
of public works and may be disposed of pursuant to the provisions of this Code.
(d)
Any newsrack in violation of the provisions of this article, and which by such violation creates an immediate danger to the
health, safety or welfare of the public, provided such violation cannot be corrected by moving or otherwise repositioning
the newsrack, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety
and welfare of the public. The director of community development or his designated representative 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 newsrack was
removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal
hearing, if desired. Any such newsrack removed and stored pursuant to this subsection shall be released to the owner thereof
if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal
and storage.
(Ord. No. 1076, § 1(3-46), 4-20-93)
Sec. 3-208. - Applicability to all newsracks.
(a)
The provisions of this article shall apply to all newsracks whether installed and maintained prior to or after the effective
date of any of the provisions in this article. Those newsracks installed prior to the effective date of any provision enacted
pursuant to this article shall be brought into compliance with such provisions within 90 days of the effective date of Ordinance
No. 1076.
(b)
Any newsrack not brought into compliance within 90 days shall be deemed to be in violation of this article.
(Ord. No. 1076, § 1(3-47), 4-20-93)
Sec. 3-209. - Newsrack violations; infraction.
Any act which is prohibited or declared unlawful or the doing of any act which is required, or the failure to do any act which
is declared to be unlawful, shall be an infraction, and any person convicted of such infraction is punishable.
(Ord. No. 1076, § 1(3-48), 4-20-93)
Sec. 3-210. - Indemnification of city.
Every person or other entity which places or maintains a newsrack on a public sidewalk or parkway in the city shall file a
written indemnification statement with the director of community development or his designated representative which contains
the following language or words to that effect:
(1)
The permittee shall indemnify, defend and hold harmless the city, its officers, employees and agents against and will hold
and save them, each of them, harmless from any and all actions, claims, penalties, obligations, which are asserted or claimed
by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with
the installation, use or maintenance of newsracks within the city.
(2)
The permittee will defend any action or actions filed in connection with any of such claims, damages, penalties, obligations
or liabilities and will pay all costs and expenses, including attorney fees with an attorney of the city's own choosing, incurred
in connection therewith.
(3)
The permittee will promptly pay any judgment rendered against the permittee and/or the city covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection with the installation, use or maintenance of newsracks
within the city; and the permittee agrees to save and hold the city harmless therefrom.
(4)
If the city is made a party to any action or proceeding filed or persecuted against the permittee for such damages or other
claims arising out of or in connection with the installation, use, or maintenance of newsracks within the city, the permittee
agrees to pay to the city any and all costs and expenses incurred by city in such actions or proceedings, together with reasonable
attorney fees for an attorney of city's own choosing.
(Ord. No. 1076, § 1(3-49), 4-20-93)
Sec. 3-211. - Insurance.
The city requires every person or other entity which places or maintains a newsrack on a public sidewalk or parkway in the
city to provide proof of insurance as required by current city policy, rule and/or regulations.
(Ord. No. 1076, § 1(3-50), 4-20-93)