Chapter 12.35
NEWSRACKS
Sections:
12.35.020 Encroachment permit.
12.35.030 Permissible types of newsracks; size and arrangement.
12.35.040 Standards for placement.
12.35.050 Maintenance; advertising; identification of owner.
12.35.070 Liability insurance.
12.35.080 Indemnification of city.
12.35.010 Definitions.
Newsrack. Any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution, with or without charge, of newspapers or news periodicals.
Permanent newsrack. Any newsrack maintained in the public right-of-way for more than 90 days.
Person. Any individual, partnership, firm, association, corporation, or other legal entity.
Public right-of-way. Land which, by deed, conveyance, agreement, easement, dedication, usage, or process of law, is reserved and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, whether or not said land has been improved or accepted for maintenance by the city. Public right-of-way includes but is not limited to the following: street, roadway, planter strip, and sidewalk.
(1) Street. All that area dedicated to public use for public street purposes, and shall include, but not be limited to, roadways, planter strips, and sidewalks.
(2) Roadway. That portion of the street which is improved, designed, or ordinarily used for vehicular traffic.
(3) Planter strip. That area between the sidewalk and the curb of any street, whether planted or not; where the sidewalk is adjacent to the curb, shall mean the area between the sidewalk and property line; and, where there is no sidewalk, shall mean that area between the edge of the roadway and the property line adjacent thereto, whether planted or not.
(4) Sidewalk. Any surface provided for the exclusive or primary use of pedestrians.
Redevelopment Area. That area specified in the City of Concord Redevelopment Plan, as such plan may be amended from time to time, and parcels 127-241-001 and 127-241-005.
Temporary newsrack. Any newsrack maintained in the public right-of-way for a trial period of up to 90 days.
(Code 1965, § 6810; Code 2002, § 90-131. Ord. No. 87-15)
Cross references: Definitions generally, § 1.05.100.
12.35.020 Encroachment permit.
(a) Required. Prior to installation of any temporary or permanent newsrack within the public right-of-way, the person responsible for such installation, use, and/or maintenance shall apply for and secure an encroachment permit, as provided in Chapter 12.15, except that no fees or bonds shall be required. No encroachment permit shall be issued, except in conformance with this article. Any person may establish a single, master encroachment permit covering any number of newsracks within the city.
(b) Application. The encroachment permit application shall state the name, address, and telephone number of those responsible for installation, use, and maintenance of the newsracks subject to the permit, and shall describe, with particularity, the location(s) proposed for installation. Any encroachment permit shall be issued within ten working days if the type of newsrack and location(s) proposed meet the standards set forth in this article.
(c) Appeal. If an application is disapproved, in whole or in part, the Director of Public Works shall notify the applicant promptly, explaining the reasons for denial of an encroachment permit. The applicant shall have ten calendar days within which to appeal the decision to the City Council in accordance with the provisions of section 2.05.050 of this Code.
(d) Amendment to permit. A person securing an encroachment permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of this section shall also apply to the review and approval of any such amendment.
(Code 1965, § 6811; Code 2002, § 90-132. Ord. No. 87-15)
12.35.030 Permissible types of newsracks; size and arrangement.
(a) Permanent newsracks. All permanent newsracks shall be of a multi-unit configuration, except at a location where there is only one newsrack and no other newsrack is located within 150 feet, unless separated by a street. Each permanent newsrack shall be of a standard type in trade use with tampico tan panels, except that single permanent newsracks located outside of the Redevelopment Area are not required to be a standardized color. All newsracks shall have individual cases with a display window and automatic coin return. Newsracks shall be installed in accordance with section 12.35.040 and pedestals and mounts shall be permanently affixed to the ground in a manner conforming to standards as established by the Director of Public Works.
(b) Temporary newsracks. Any single-unit newsrack of standard design commonly in trade use may be permitted in any single location for a period of 90 days in order to determine the suitability of longterm newsrack locations, provided that the placement of such newsrack conforms with the standards set forth in section 12.35.040. At least ten business days prior to locating a temporary newsrack, a completed encroachment permit application shall be submitted, including written notice of the particular location and date upon which the 90-day trial period will begin. Within ten business days after expiration of the 90-day trial period, the person maintaining the newsrack shall either cause it to be removed or submit a written request to the Public Works Director for an encroachment permit for a permanent newsrack location.
(c) Permissible size and arrangement. The height of any newsrack shall be no greater than five feet, measured from the ground to the top surface of the newsrack, except in a location where a three-foot height limit is required pursuant to section 12.35.040(b)(4). The compartments of multi-unit newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of six compartments per row. If the demand for newsracks exceeds 12 at a single location, placement of additional newsracks which comply with all other provisions of this article may be approved by the Director of Public Works.
(Code 1965, § 6812; Code 2002, § 90-133. Ord. No. 87-15)
12.35.040 Standards for placement.
(a) No newsrack shall be installed, used, or maintained in any location where such installation, use, or maintenance endangers the safety of persons or property or unreasonably interferes with public utility, public transportation, or other public use, or unreasonably interferes with or impedes the flow of pedestrians, bicyclists, wheelchairs, or vehicular traffic, or access to or from any residence, place of business, or any legally parked or stopped vehicle, or the use or visibility of traffic signs or signals, hydrants, call boxes, or mailboxes.
(b) The following standards applying to the placement of newsracks shall be considered when determining whether a proposed location meets the preceding criteria.
(1) Multi-unit newsracks shall be permanently affixed to the ground. Permanent single-unit newsracks may be permanently affixed to the ground or may be skirted and weighted in a manner preventing movement of the newsrack into the traveled right-of-way, but may not be chained to other property. Temporary newsracks shall be skirted and weighted down or, with the consent of the property owner, may be chained to other property with a noncorrosive coated chain in a manner preventing movement of the newsrack into the traveled right-of-way. In no event may any newsrack be chained or otherwise attached to a bus shelter, bench, streetlight, utility pole, or sign pole, to any other single- Or multi-unit newsrack, or to any tree, shrub, or other plant, or situated upon any landscaped area.
(2) Structures shall only be placed near a curb or adjacent to the wall of a building, and shall be parallel to said curb or wall. The back of structures placed near a curb shall be no less than 18 inches nor more than 24 inches from the edge of the curb; the backs of those placed adjacent to a building wall shall be no more than six inches from the wall. No newsrack shall be located opposite another newsrack.
(3) No newsrack shall be placed, installed, used, or maintained:
a. Within three 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 three feet of any driveway, building entrance, or sidewalk leading to the entrance of a building;
e. Within three feet ahead of, and five feet to the rear of, any sign marking a designated bus stop;
f. Within three feet of any bus bench;
g. At any location where the clear space for the passageway of pedestrians is reduced to less than six feet.
(4) In order to maintain adequate sight distances at street corners, in no case shall any newsrack which exceeds a height of three feet be permitted within the triangular area of a corner location formed by lines measured 40 feet from the corner along each curb and adjoining the points of those lines which are 40 feet from their intersection. In order to maintain adequate sight distance at locations where driveways give access to public streets, newsracks which exceed a height of three feet shall not be permitted within the triangular area(s) formed by a line measured 25 feet along the driveway and 25 feet along the curb adjacent to the driveway and joining points on those lines which are 25 feet from their intersection. This three-foot height limit shall be measured from the lowest curb elevation within the triangular area.
(c) The Director of Public Works may waive or modify the standards for newsrack placement contained in this article upon showing of good cause and upon his determination that placing a newsrack at the location requiring the modification would not endanger the public health or safety or unreasonably interfere with use of the public right-of-way.
(Code 1965, § 6813; Code 2002, § 90-134. Ord. No. 87-15)
12.35.050 Maintenance; advertising; identification of owner.
(a) Maintenance required. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
(b) Repair of damaged newsracks; removal upon discontinuance of use. Newsracks that have been damaged shall be replaced or repaired as soon as is practical, unless the permit holder wishes to abandon the location, in which event the permit holder shall promptly remove its newsrack or compartment, as the case may be. When use of a newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition in accordance with standards established by the Director of Public Works. Use of a newsrack shall be deemed permanently discontinued when no new publication has been placed in such newsrack for a period of 30 days, except that a newsrack remaining empty due to labor strike or temporary interruption of distribution or publication shall not be deemed permanently discontinued.
(c) Advertising. No newsrack shall be used for advertising signs or publicity purposes other than one concerned with the display, sale, or distribution of the newspaper distributed from it. The name of the newspaper should be affixed to the bottom of the display window. There shall be no graphics on the sides, back, or top of permanent newsracks, except that such graphics shall be permitted on single-unit newsracks located outside of the Redevelopment Area.
(d) Identification. Every person maintaining a newsrack under the terms of this article shall have his name, address, and telephone number affixed to it in a place where such information will be readily visible and shall include, with such identification, instructions on how to receive a refund in the event of coin return malfunctions.
(Code 1965, § 6814; Code 2002, § 90-135. Ord. No. 87-15)
12.35.060 Removal.
(a) Nonconforming newsracks. Newsracks which do not conform to this article, but which lawfully existed and were maintained prior to the effective date of this article, shall be removed or made to conform to the provisions of this article effective September 1, 1987.
(b) Removal authorized. A newsrack installed or maintained in violation of this article may be seized and removed by a public officer in accordance with this section 12.35.060. If practical, the public officer may remedy the violation by moving the newsrack to another point on the sidewalk or public right-of-way.
(c) Notice prior to removal. Before any newsrack is seized, the person responsible for its installation and maintenance shall be notified and given five business days to remedy the violation or request a hearing before the Director of Public Works. Written notice shall be sent to the address stated on the newsrack encroachment permit or on the newsrack, and an additional notice tag may be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued. Prior notice of seizure shall not be required where the newsrack poses an immediate danger to pedestrians or vehicles, provided that written notice of the seizure and an opportunity to contest is given to the responsible person within five business days after the seizure.
(d) Hearing procedure. Any person notified under this section may request a hearing before the Director of Public Works by making a written request within five business days of receiving notice. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the Director’s oral or written decision following the hearing. The Director may give oral notice of the decision at the close of the hearing and shall give written notice of all decisions.
(e) Abandoned newsracks. Abandoned newsracks may be removed and disposed of if the responsible party does not, within 30 days, claim the newsrack and pay the fee for the cost of seizure as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Newsracks remaining empty for 30 consecutive days or not claimed within 30 days of seizure shall be deemed abandoned, except that a newsrack remaining empty due to labor strike, or a temporary interruption of distribution or publication by the newspaper sold from that newsrack, shall not be deemed abandoned.
(Code 1965, § 6815; Code 2002, § 90-136. Ord. No. 87-15)
12.35.070 Liability insurance.
Each person, prior to the granting of an encroachment permit, shall furnish, to the city, a certificate showing that such person has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount not less than $1,000,000.00 per person and per occurrence, combined single limit. The permit holder shall keep in force and provide evidence of that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this article. The certificate of insurance filed with the city shall include a statement by the insurance carrier that 30 days’ notice will be given to the city before any cancellation.
(Code 1965, § 6816; Code 2002, § 90-137. Ord. No. 87-15)
12.35.080 Indemnification of city.
Every person operating or maintaining a newsrack upon or within the public right-of-way of the city shall agree, prior to the granting of an encroachment permit, to indemnify, defend, and hold harmless the city, and its officers and employees, from any loss, liability, damage, or costs to the extent sustained by any person or property, arising from the installation, maintenance, operation, or use of such newsrack.
(Code 1965, § 6817; Code 2002, § 90-138. Ord. No. 87-15)