Chapter 11.32
NEWSRACKS1
Sections:
11.32.050 Issuance of permit – Only one permit required.
11.32.060 Permit – Application – Contents.
11.32.080 Newsrack identification.
11.32.090 Prohibited placement.
11.32.110 Display of certain matter prohibited.
11.32.120 Definition of explicit sexual acts.
11.32.130 Impounding of newsracks.
11.32.140 Return of impounded newsracks.
11.32.160 Appeal after hearing.
11.32.190 Time for compliance.
11.32.010 Purpose.
It is the purpose of this chapter to authorize the placement and maintenance of newsracks upon public sidewalks or parkways under the limitations set forth in this chapter. (Ord. 1478 § 1, 1980.)
11.32.020 Definitions.
As used in this chapter:
A. “Director” means the director of public works of the city of Covina or designee thereof.
B. “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 news periodicals.
C. “Parkway” means that area between the sidewalk and the curb of any street, and, where there is no sidewalk or curb, that area between the edge of the roadway and the property line adjacent thereto.
D. “Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel. (Ord. 10-1987 § 7, 2010; Ord. 1478 § 1, 1980.)
11.32.030 Permit required.
No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or maintain a newsrack on or projecting onto a sidewalk or parkway unless and until a newsrack permit has been obtained from the director. (Ord. 10-1987 § 8, 2010; Ord. 1478 § 1, 1980.)
11.32.040 No fee required.
No fee shall be required for the issuance of a newsrack permit. (Ord. 1478 § 1, 1980.)
11.32.050 Issuance of permit – Only one permit required.
Upon proper application on forms provided by the director, the director shall issue the applicant a newsrack permit. Notwithstanding any other provisions of this chapter, the director may not refuse to issue a newsrack permit properly applied for. One permit shall permit the placement and maintenance of any number of newsracks on the sidewalks in accordance with the provisions of this chapter. (Ord. 10-1987 § 9, 2010; Ord. 1478 § 1, 1980.)
11.32.060 Permit – Application – Contents.
Any person desiring a permit pursuant to this chapter shall make application therefor to the director. The application shall be upon a form furnished by the director and shall set forth:
A. The name, address, telephone number (and facsimile or electronic mail address, if available) of the applicant;
B. If the applicant is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;
C. The name, address, telephone number (and facsimile or electronic mail address, if available) of the person to be in immediate charge of the individual newsrack(s) who the city may notify or contact at any time;
D. The location where the newsrack(s) shall be placed;
E. A color photograph and model number of the type of newsrack(s);
F. The name of the publication to be contained in each newsrack;
G. A site map showing the width of the sidewalk and the location of each proposed newsrack installation and any and all structures, encroachments or objects of any kind or character within 25 feet of the proposed installation including, but not limited to, traffic signals, street light poles, fire hydrants, bus benches, utility poles, telephones, building entrances, driveways and parking meters;
H. A statement that the applicant will directly control and supervise each newsrack proposed to be authorized under the permit sought and will be responsible for the operation and maintenance thereof;
I. Such other data as the director may reasonably require in the interests of public health, safety or welfare;
J. A statement certifying on penalty of perjury the correctness of the information given on the application and agreeing on behalf of the proposed applicant that there shall be full compliance of the applicant with all state and city laws in the conduct of the activities for which a permit may be granted;
K. Copies of any permits required by this code or other ordinances of the city or the state laws. (Ord. 10-1987 § 10, 2010; Ord. 1478 § 1, 1980.)
11.32.070 Renewable annually.
A newsrack permit shall be renewable annually. (Ord. 1478 § 1, 1980.)
11.32.080 Newsrack identification.
Every newsrack permittee shall permanently affix to each newsrack placed on or maintained on or projecting over any portion of a sidewalk or parkway the permittee’s name, address, telephone number, and the permittee’s permit number. (Ord. 10-1987 § 11, 2010; Ord. 1478 § 1, 1980.)
11.32.090 Prohibited placement.*
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; or when such site or location is used for public utility purposes, public transportation purposes or other governmental use; or 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.
C. No person shall install, use or maintain any newsrack which is located in a parkway or sidewalk adjacent to property zoned residential, as such zone is defined in this code; provided, however, that this subsection shall not prohibit such placement where the newsrack is in a parkway or sidewalk directly in front of a public building within a residential zone which is open to and used regularly by the public, so long as such public building is not an elementary, junior high or high school.
D. No person shall install, use or maintain any newsrack or other structure which is located in a parkway or sidewalk adjacent to a public park, in any zone.
E. No person shall install, use or maintain any newsrack or other structure which is located in a parkway or sidewalk in any zone within 300 feet of any public or private school, church, library, community center, or public building if the newsrack will contain matter described in CMC 11.32.110.
F. No person shall install, use or maintain any newsrack or other structure which is located in a parkway or sidewalk along Citrus Avenue, between the south side of San Bernardino Road and the north side of Badillo Street. (Ord. 13-2024 § 2, 2013; Ord. 13-2021 § 2, 2013; Ord. 1478 § 1, 1980.)
* Section 4 of Ord. 13-2024 provides, “This Ordinance shall take effect thirty (30) days following its adoption and, upon its effective date, shall supersede Urgency Ordinance 13-2021 (adopted and effective June 18, 2013) except with respect to its factoring into the amortization period set forth in Section 3.”
11.32.100 Standards.
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 48 inches in height, 30 inches in width, or 24 inches in depth.
B. Newsracks shall only be placed near a curb or adjacent to a wall of a building. Newsracks placed near the curb shall be placed no closer than 18 inches to the face of the curb and no farther than 24 inches from the face of the curb, measured from the curb face to the nearest point on the newsrack. 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.
C. No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object without the consent of the owner or such property. Newsracks shall be bolted to the sidewalk, unless otherwise authorized by the director. Upon removal of a newsrack, the permittee shall fully restore the sidewalk or parkway to its original condition. No newsrack shall be chained or attached to loose objects including, but not limited to, bricks, rocks, cinder blocks, pipes or other such objects.
D. Newsracks may be chained or otherwise attached to another; however, no more than three newsracks may be joined together in this manner, and a space of not less than 42 inches shall separate each group of three newsracks so attached, unless the newsracks are placed adjacent to the wall of a building.
E. Notwithstanding the provisions of CMC 11.32.090(B), no newsrack shall be placed, installed, used or maintained:
1. Within five feet of any marked crosswalk;
2. Within 15 feet of any curb return of any unmarked crosswalk;
3. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
4. Within five feet of any driveway or alley approach;
5. Within five feet in front of, and within 25 feet to the rear of, any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;
6. Within six feet of any bus bench;
7. Within three feet of any outdoor sidewalk dining area or area improved with lawn, flowers, shrubs or trees, or within three feet of any display window or any building abutting the sidewalk or parkway in such a manner as to impede or interfere with the reasonable use of such window for display purposes;
8. Within 42 inches of any sidewalk obstruction which shall include, but not be limited to, traffic signals, street light poles, trees, sign posts, telephones, and utility poles;
9. Within 100 feet of any other newsrack or group of newsracks on the same side of the street containing the same edition of the same publication, unless the permittee can demonstrate to the director that the demand for such publication within such 100 feet requires an additional newsrack or racks. The total number of newsracks within such 100 feet shall not exceed the maximum number of newsracks allowed by subsection (H) of this section;
10. At any location where the clear space for pedestrians is reduced to less than six feet;
11. Which causes or constitutes a traffic hazard;
12. Which unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property;
13. Which will endanger persons or property;
14. Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway;
15. Where a curb is painted blue, yellow or white;
16. Which obstructs the motoring public’s view of pedestrian or traffic and parking signage.
F. No newsrack shall be used for advertising signs or publicity purposes other than dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
G. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times. Each newsrack shall be serviced and maintained so that:
1. It is free of dirt, grease and graffiti;
2. It is free of chipped, faded, peeling and cracked paint in the visible areas thereof;
3. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and free of cracks, dents, blemishes and discoloration;
4. It is free of rust and corrosion in the visible areas thereof;
5. The paper or cardboard parts or inserts thereof are free of tears, peeling or fading;
6. The structural parts thereof are not broken or misshapen.
H. No more than six newsracks shall be permitted within a space of 100 feet on the same side of any highway where vehicles are allowed to park, load, unload or stand for any period of time. (Ord. 10-1987 § 12, 2010; Ord. 1478 § 1, 1980.)
11.32.110 Display of certain matter prohibited.
Publications offered for sale from newsracks placed or maintained on or projecting over a sidewalk or parkway shall not be displayed or exhibited in a manner which exposes to public view from a 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 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. 1478 § 1, 1980.)
11.32.120 Definition of explicit sexual acts.
“Explicit sexual acts” as used in this chapter means 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 the 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 act of sexual arousal involving any physical contact with a person’s genitals, pubic region, pubic hair, perineum, anus or anal region. (Ord. 1478 § 1, 1980.)
11.32.130 Impounding of newsracks.
A newsrack may be impounded for being in violation of CMC 11.32.030, 11.32.080, 11.32.090, 11.32.100 or 11.32.110 under the following conditions:
A. The director must attach a tag upon the particular newsrack found in violation. Thereafter, a written notice of the violation shall be sent within two working days to the permittee designated in CMC 11.32.060(A) and the person in immediate charge of the newsrack as designated in CMC 11.32.060(C). The permittee or person in immediate charge of the newsrack must correct the violation within 10 calendar days from the date on the tag or request an appeal pursuant to CMC 11.32.150 within that same time for the purpose of demonstrating that the particular newsrack is not in violation. The director may impound the newsrack if the violation is not corrected or an appeal is not requested in writing within 10 calendar days from the date of the tag.
B. Notwithstanding the impound provisions of this section, the director may immediately correct any violation of CMC 11.32.090 and, if such violation is creating a dangerous or hazardous condition, may immediately impound any such newsrack. If the newsrack is impounded pursuant to this section, a written notice of such action shall be sent to the permittee and person in immediate charge of the newsrack within two working days after the impoundment. The permittee or person in immediate charge of the newsrack may request an appeal within 10 calendar days from the date of service of the written notice pursuant to CMC 11.32.150 for the purpose of demonstrating that the particular newsrack was not in violation and should not have been impounded. Notices made pursuant to any section of this chapter shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail. (Ord. 10-1987 § 13, 2010; Ord. 1478 § 1, 1980.)
11.32.140 Return of impounded newsracks.
A. Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee, or if there is no known permittee a claimant, who provides sufficient proof of ownership of such newsrack may have such newsrack together with its contents and all moneys, if any, returned within a reasonable time, not to exceed 30 calendar days from the date of removal and impoundment, or if an appeal is timely requested pursuant to CMC 11.32.150, within 30 calendar days from the date the appeal becomes final, upon paying an impound fee as established from time to time by resolution of the city council plus the reasonable cost of impounding, removing, and storing the newsrack, if any, in excess of the fee established by the city council.
B. Should there be a dismissal of an action charging a violation of this chapter, or an acquittal of such charges, the court or city official ordering such dismissal or entering such acquittal shall provide for the release of any newsrack and its contents and all moneys, if any, impounded or the return of any impound fee and costs paid for the release of a newsrack impounded pursuant to such charges.
C. If the newsrack is not being held as evidence in any criminal proceeding, and no criminal proceeding concerning the violation for which the newsrack was impounded is still pending, and if no appeal pursuant to CMC 11.32.150 has been requested, or, if requested, has resulted in a final decision that the newsrack was rightfully impounded, and if the impound fees and costs specified in this chapter have not been paid within the time specified, the director may sell or otherwise dispose of the newsrack and its contents, if any, and retain the proceeds from any such sale or other disposition and any moneys contained in said newsrack at the time of its removal and impoundment. (Ord. 10-1987 § 14, 2010; Ord. 09-1975 § 1, 2009; Ord. 1478 § 1, 1980.)
11.32.150 Appeal.
Any applicant, permittee, or, if there is no permittee, any claimant who provides sufficient proof of ownership of a newsrack may, within the time frames set forth in CMC 11.32.130, request an appeal regarding any denial of a permit, notice of violation, or impoundment as provided in Chapter 11.54 CMC. (Ord. 10-1987 § 15, 2010; Ord. 1478 § 1, 1980.)
11.32.160 Appeal after hearing.
A. Appeal. Any permittee or claimant may, within 10 days after receipt of notice of decision held pursuant to CMC 11.32.130(A) or 11.32.150, appeal such decision to the city council.
B. Contents of Appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based and shall be filed with the police chief. The police chief shall forward the appeal, together with a copy of the decision and order, to the clerk of the city council.
C. Action by City Council. Upon receipt of the appeal and order and decision, the city council may take any one of the following actions:
1. Approve the decision and order;
2. Refer the matter back to the police chief with or without instructions;
3. Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held. (Ord. 1478 § 1, 1980.)
11.32.170 Penalty.
A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and may be punished in accordance with CMC 1.16.010(A).
B. Notwithstanding any other provision of this chapter, any person who violates CMC 11.32.110 shall be guilty of a misdemeanor and may be punished by imprisonment in the county jail not to exceed six months, or by fine not exceeding $500.00, or by both such fine and imprisonment. (Amended during 2009 republication; Ord. 1478 § 1, 1980.)
11.32.180 Other remedies.
The provisions of this chapter shall not limit any other remedies authorized by law. (Ord. 1478 § 1, 1980.)
11.32.190 Time for compliance.*
Any newsrack which does not comply with this chapter shall be removed or otherwise brought into conformance with this chapter not later than (A) December 18, 2013, or (B) if Urgency Ordinance No. 13-2021 is determined by a court of competent jurisdiction to be invalid, six months from the effective date of the ordinance codified in this section (“compliance date”). If any newsrack remains in violation of this chapter after the compliance date, the city may take all appropriate legal actions authorized by this chapter to enforce compliance, including impoundment of the newsrack. Any permit issued prior to the effective date of the ordinance codified in this section for placement of a newsrack which is in violation of this chapter shall automatically expire upon the compliance date. (Ord. 13-2024 § 3, 2013; Ord. 13-2021 § 3, 2013.)
* Section 4 of Ord. 13-2024 provides, “This Ordinance shall take effect thirty (30) days following its adoption and, upon its effective date, shall supersede Urgency Ordinance 13-2021 (adopted and effective June 18, 2013) except with respect to its factoring into the amortization period set forth in Section 3.”
Prior history: 1964 Code §§ 23.90 – 23.97; Ord. 1209.