Chapter 12.17
NEWSRACKS
Sections:
12.17.050 Standards and specifications.
12.17.070 Nonconforming newsracks.
12.17.090 Conflicting ordinance.
12.17.010 Intent and purpose.
The intent and purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks on the public right-of-way and other public property. The purpose of this chapter is to advance and improve safety and aesthetics by controlling the number, size, construction, placement, and appearance of newsracks without restricting the free dispersal of information guaranteed by the Constitution of the United States and the state of California.
More specifically, the purpose of this chapter is to promote the public peace, morals, health, safety, and general welfare by regulating the placement, appearance, servicing, and insuring of newsracks so as to protect against the dangers of impairing or distracting the vision of motorists and pedestrians; by preventing the 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; by preventing the interference with the use of public property for its intended purpose; by preventing restricted access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or locations used for transportation purposes; by preventing the neglectful servicing of newsracks resulting in visual blight on public rights-of-way and other public property and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements; by preventing the reduction in value of surrounding property; by preventing the unnecessary exposure of the city to personal injury or property damage claims or suits.
The city council finds and determines that the strong and competing interests of the public and the need for more newspaper racks require a reasonable accommodation which can only satisfactorily be achieved through the means of this chapter which is designed to accommodate such interests by regulating the time, place, and manner of using newsracks. 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. (Ord. 762 § 1, 2002).
12.17.020 Definitions.
For the purpose of this chapter, the words below shall have the following meanings:
A. “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.
B. “Parkway” means that area between the sidewalk and the curb of any street; and where there is no sidewalk, the area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway, which is not open to vehicular travel.
C. “Person” means any individual, company, corporation, association, business or other legal entity.
D. “Public property” means parks, squares, plazas and any and all other real property owned by the city.
E. “Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for a street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other purposes.
F. “Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel.
G. “Sidewalk” means any surface provided for the exclusive use of pedestrians.
H. “Street” means all that area dedicated to public use for public street purposes, including but not limited to roadways, parkways, alleys and sidewalks. (Ord. 762 § 1, 2002).
12.17.030 Permits.
A. No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public right-of-way or other public property without first obtaining a permit from the public works department. An amended application for said permit shall be filed with the public works department in the event that additional newsracks are installed in the city or removed from the city by the applicant subsequent to the issuance of the original permit by the city.
B. Applications for permits required by this section shall be filed with the public works department upon printed forms to be prescribed and supplied by the public works department. The application shall be signed by the applicant and shall state the following:
1. The name and address of the applicant;
2. The number of newsracks and location of the proposed installation or maintenance of the newsrack;
3. The date that said newsrack is proposed to be installed or maintained;
4. The nature, type and model of the newsrack proposed to be installed or maintained;
5. That the applicant agrees, upon expiration or revocation of the permit, to immediately restore the public right-of-way or other public property to its condition prior to the installation or maintenance of the newsrack;
6. The name, address and telephone number of the responsible individual whom the city may notify or contact, 24 hours a day, concerning the applicant’s newsrack;
7. A sketch of the location and a physical description of each newsrack;
8. Any additional information which the director of public works may deem necessary for the proper disposition of the application.
C. The applicant shall be required to obtain a permit for each newsrack proposed to be installed or maintained.
D. Prior to the issuance of a permit, the applicant shall pay an annual permit fee of $25.00. The fee required shall apply to each newsrack installed or maintained by the applicant.
E. In addition to the annual permit fee payable pursuant to subsection (D) of this section, each applicant shall pay a $200.00 flat fee to cover the cost of the plan check and inspection.
F. In addition to the permit application, each applicant shall also execute a document, approved as to form by the city attorney, agreeing to hold the city, its officers, employees, volunteers, and agents free and harmless from any claim demand or judgment in favor of any person, arising out of the location of any newsrack located upon, in or over a public right-of-way or other public property.
G. Deposit with the city clerk a certificate of insurance evidencing that a liability insurance policy in minimum amounts as follows:
1. A policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000 combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by applicant, its officers, employees, agents, and independent contractors related to the newsrack. The city, its officers, employees, volunteers, and agents shall be named as additional insured;
2. Property damage insurance with a minimum limit of $500,000 naming the city, its officers, employees, volunteers, and agents as additional insured.
The policy cannot be cancelled, except upon 30 days’ written notice to the city of the fact of such cancellation. If such insurance is cancelled at any time during the time the newsrack is installed or maintained on public property, said newsrack shall be removed in accordance with the provisions of this chapter.
H. Each permit shall be valid for a period of one year, and shall be renewed in the same manner set forth in this chapter.
I. Each permit shall be issued only to the permittee. If any permittee assigns his permit to another, the permit will be deemed revoked as of the time of the attempted assignment.
J. Newsracks regulated under Part 95 (“Adult Entertainment Businesses”) shall comply with this section. (Ord. 762 § 1, 2002).
12.17.040 Business licenses.
In addition to the requirements of BGMC 12.17.030, a business license shall be required, for each newsrack vending company located in the city, pursuant to the provision of BGMC Title 5. Newsracks regulated under Part 95 (“Adult Entertainment Businesses”) shall comply with this section. (Ord. 762 § 1, 2002).
12.17.050 Standards and specifications.
A. 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.
B. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public right-of-way or other public property, 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 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 poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location; when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery; or when such newsrack interferes with the ordinary use of public property.
C. Any newsrack which in whole or in part rests upon, in or over any public right-of-way or other public property, shall comply with the following standards:
1. Stands for newsracks shall be single-pedestal or multiple-post, K-Jack style mounts, model 100 or equivalent. Newsrack mount shall be painted navy blue.
2. No newsracks shall exceed 60 inches in height, 30 inches in width, or 24 inches in depth.
3. 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 12 inches or not more than 36 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.
4. No newsrack shall be bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack, unless the consent of the owner of such property or object is obtained in writing and presented with the permit application.
5. Newsracks may be placed or attached to one another; however, no more than three newsracks may be joined or placed together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.
6. No newsrack or group of attached newsracks shall weigh, in the aggregate, in excess of 125 pounds when empty.
7. Every newsrack shall be installed on a single pedestal or a multiple post which shall be securely anchored to the ground and shall be constructed, installed and maintained in a safe and secure condition approved by the director of public works.
8. No newsrack shall be placed, installed, used or maintained:
a. Within five feet of any marked crosswalk;
b. Within 15 feet of any curb return of a street intersection;
c. Within 15 feet of any fire hydrant, fire callbox or other emergency facility;
d. Within five feet ahead of and 15 feet to the rear of any sign marking a designated bus stop;
e. In a location attached to any parking meter, traffic signal, fire hydrant, street light, power pole, sign post, tree or refuse container;
f. Within five feet of any bus bench or bus shelter;
g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than four feet;
h. Within five 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;
i. In a manner that the front face or display window of the newsrack is within three feet of any lawn, flowers, shrubs or trees;
j. Within five feet of any bicycle rack.
9. The placement of all newsracks in the city shall comply with all local and state handicap accessibility regulations.
10. No newsrack shall be used for advertising signs or publicity purposes other than to state that name of the magazine, newspaper, periodical or other printed matter sold therein on the display window of the newsrack.
11. Each newsrack shall be maintained in a clear, neat and attractive condition and in good repair at all times so as not to become mechanically inoperable or have cracked or broken plastic coverings or casings. If an inspection is required concerning maintenance, the owner of said newsrack shall be charged a $25.00 inspection fee for each newsrack so inspected.
a. No more than two newsracks shall be located upon, in or over any public right-of-way or other public property within a space of 200 feet in any direction within the same block of the same street.
b. Every person who places or maintains a newsrack upon, in or over any public right-of-way or other public property shall permanently affix to each newsrack the permittee’s name, current address, a current 24-hour telephone number and permit number in a place where such information may be easily seen.
12. Newsracks regulated under Part 95 (“Adult Entertainment Businesses”) shall comply with this section. (Ord. 762 § 1, 2002).
12.17.060 Removal.
A. Any newsrack installed, used or maintained in violation of the provision of this chapter may be subject to removal and storage by the public works department. Such department shall take steps to notify the permittee/owner thereof and request compliance within 30 calendar days prior to removal. At any time within said 30-day period, an administrative hearing to challenge the existence of a violation may be requested by the permittee. Failure to request the hearing shall result in removal and storage of the newsrack by the public works department at any time after the expiration of the 60-day period.
B. If the permittee requests a hearing as provided in subsection (A) of this section, said hearing shall be scheduled within five days of the request and shall be administered by the city manager or his/her designee. The permittee shall have 30 days from the date of any adverse ruling, which may result from the hearing, to comply with the provisions specified in the ruling. If, after the 30 days from the date of decision, the permittee has failed to comply with the provision(s) of this section cited in the decision, the subject newsrack shall be removed and stored by the public works department.
C. The cost of removal and/or storage by the public works department of any newsrack subject to this chapter shall be chargeable as a civil debt to the permittee thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation. In addition, the newsrack in question shall be deemed unclaimed property and may be disposed of in accordance with law.
D. In the case of violation of this chapter, the director of public works or his/her designee may, as an alternative to removal, remove such attachment and/or move such condition creating the violation, and thereafter the permittee shall be notified of such corrective action and shall pay the cost thereof.
E. The director of the public works department, or his/her designee, may summarily remove any newsrack where its installation, use or maintenance poses a danger to pedestrians or vehicles, or otherwise unreasonably interferes with the safe use of any public right-of-way or other public property; or the permittee fails to permanently affix to each newsrack the permittee’s name, address, 24-hour telephone number, and permit number; or the permittee fails to maintain in a neat, clean and mechanically and structurally sound manner. After the removal of the newsrack, the permittee shall be notified thereof within five business days. Upon failure of the permittee to claim the newsrack removed pursuant to this section, following such notice, the newsrack shall be deemed unclaimed property in possession of the city and may be disposed of pursuant to law.
F. Newsracks regulated by Part 95 (“Adult Entertainment Businesses”) of the Zoning Code shall comply with the impoundment and forfeiture procedures set forth in Sections 95.50 and 95.51 of the Zoning Code. (Ord. 762 § 1, 2002).
12.17.070 Nonconforming newsracks.
A. The provisions of this chapter shall apply to all newsracks whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted herein shall be brought into compliance with said provisions within 60 days of the effective date thereof.
B. Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this chapter. (Ord. 762 § 1, 2002).
12.17.080 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be subject to a fine not to exceed $50.00 for a first violation; a fine not exceeding $100.00 for a second violation in the same calendar year; and a fine not exceeding $200.00 for each additional violation in the same calendar year. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 762 § 1, 2002).
12.17.090 Conflicting ordinance.
If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply. (Ord. 762 § 1, 2002).