Chapter 12-28
NEWS RACKS
Sections:
12-28.050 Standards for news racks.
12-28.060 Location of news racks.
12-28.070 Applicability in residential and open space zones.
12-28.080 Existing news racks.
12-28.010 Purpose and intent.
The purpose of this chapter is to promote the public health, safety, and welfare through the establishment of standards and regulations for the placement, maintenance, appearance, size, servicing, and proliferation of news racks within the public right-of-way. In furtherance of this objective, the City Council of the city of Laguna Hills finds and determines that:
A. The uncontrolled placement of news racks within the public right-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.
B. News racks located so as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly news racks located therein, constitute public nuisances.
C. The uncontrolled proliferation of news racks detracts from the appearance of streets, sidewalks, and adjacent businesses, which contributes to community blight.
D. The uncontrolled placement of news racks inhibits safe entry and departure of vehicles and unreasonably interferes with the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or any place of business or from the street to the sidewalks by persons existing or entering parked or standing vehicles.
E. The uncontrolled placement of news racks impairs the vision and distracts the attention of motorists and pedestrians, particularly small children at play, and may cause injury to the person or property of such persons.
F. The placement of news racks within the public right-of-way adjacent to residential areas detracts from and reduces neighborhood aesthetics and increases the exposure of residents to noise, traffic volume, potential roadway hazards, and congestion.
G. The provisions and prohibitions contained and enacted in this chapter are in pursuit of and for the purpose of securing and promoting the public safety and general welfare of persons in the city in their use of the public right-of-way through the regulation of placement, appearance, number, size, and servicing of news racks that are placed within the public right-of-way.
H. It is not the intention of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected.
(Ord. 2004-4 § 2 (part))
12-28.020 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meaning ascribed to them in this section:
“Distributor” means the person, corporation, or entity responsible for placing and maintaining a news rack within the public right-of-way.
“Director” means the Public Services Director of the city of Laguna Hills, or his or her designee.
“Encroachment” means any temporary or permanent structure or object, such as a news rack, which is placed upon, in, or on any public right-of-way.
“Encroachment agreement” means an agreement between a person, corporation, or entity and the city that provides terms and conditions for the authorization and approval for an encroachment, which shall be in full force and effect until the encroachment is removed from within the public right-of-way.
“News rack” means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, sale, or distribution of newspapers, periodicals, or other publications.
“Parkway” means the area between the sidewalk and the curb of any street or roadway, and where there is no sidewalk, that area between the edge of the street or roadway and the edge of a public right-of-way. “Parkway” also includes any area within a street or roadway that is not open to vehicular travel.
“Permit” or “encroachment permit” means a prior written authorization issued by the Director approving an applicant’s request to construct, erect, install, or maintain a news rack within the public right-of-way.
“Public right-of-way” means 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, crossing, intersection, parkway, highway, alley, lane, court, way, avenue, boulevard, road, roadway, tunnel, bridge, thoroughfare, park, square, and any other similar public way.
“Roadway” means that part of a public right-of-way that is designated and used primarily for vehicular travel.
“Sidewalk” means that part of a public right-of-way that is designated and ordinarily used for pedestrian travel.
“Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of pedestrian or vehicular travel. (Ord. 2004-4 § 2 (part))
12-28.030 Prohibitions.
A. No person, corporation, or entity shall knowingly place, install, use, or maintain any news rack which rests, in whole or in part upon, in, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way, except in compliance with the provisions of this chapter.
B. No person, corporation, or entity shall install, use, or maintain any news rack which projects onto, into, or over any part of the roadway of any public street, or which rests, in whole or in part, upon, along, or over any portion of roadway of any public street.
C. No person, corporation, or entity shall install, use, or maintain any news rack 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 news rack 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 news rack interferes with the cleaning of any public sidewalk, parkway, roadway, or street by the use of mechanical cleaning machinery.
(Ord. 2004-4 § 2 (part))
12-28.040 Permit required.
A. No person, corporation, or entity shall install or maintain any news rack which, in whole or in part, rests upon, in, or over any public right-of-way without first obtaining an encroachment permit from the Director after having provided the following:
1. The location of each news rack to be installed or maintained in the city by applicant; and
2. The name, address, and telephone number of the permit applicant.
B. No more than one permit shall be required per applicant regardless of the number of news racks the applicant maintains in the city. However, an amended application for such permit shall be filed with the Director in the event that additional news racks are installed in the city or removed from the city by the applicant subsequent to the issuing of the original permit by the city.
C. From the above information the Director shall designate locations and shall be guided therein solely by the standards and criteria set forth in this chapter. 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 or locations.
D. In addition to the encroachment permit application, the applicant shall also be required to execute an encroachment agreement, approved as to form by the City Attorney, wherein the applicant shall agree to hold the city, its officers, elected officials, employees, and agents, free and harmless from any claim, demand, or judgment in favor of any person arising out of the applicant’s installation, use, location, and/or maintenance of any news rack(s) within the public right-of-way.
E. Fees for the issuance of an encroachment permit under this section shall be set by resolution of the City Council.
(Ord. 2004-4 § 2 (part))
12-28.050 Standards for news racks.
Any news rack which rests in whole or in part upon, in, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way, shall comply with the standards set forth in this section.
A. No news rack shall exceed five feet in height, thirty (30) inches in length, or two feet in width.
B. No advertising signs or material, other than those dealing with the name of the publication contained within the news rack, shall be displayed on the outside of the news rack.
C. Each news rack shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event the news rack fails to dispense the publication. The coin-return mechanisms shall be maintained in good repair and in working order.
D. Each news rack shall have affixed to it, in a readily visible place so as to be seen by anyone using the news rack, a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report vandalism or damage to or malfunction of the news rack, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this chapter.
E. The distributor shall, within twenty-four (24) hours of receiving written notice from the Director, repair or replace any news rack that is vandalized.
F. Each news rack shall be maintained in a neat and clean condition and in good repair and in working order at all times. Each news rack shall be serviced and maintained by the distributor so that:
1. It is reasonably free of dirt and grease;
2. It is reasonably free of chipped, faded, peeling, and cracked paint in the visible painted areas thereof;
3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof;
4. The clear plastic or glass parts thereof, if any, through which the publications therein can be viewed, are unbroken and are reasonably free of cracks, dents, blemishes, and discoloration;
5. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling, or fading; and
6. The structural parts thereof are not damaged or broken.
G. No news rack shall be chained, bolted, or otherwise attached to any property that is not owned by the distributor or to any fixture located in the public right-of-way. News racks may be chained or otherwise attached to one another; however, no more than three news racks may be attached together, and a space of no less than eighteen (18) inches shall separate each group of three news racks so attached.
H. No news rack, or group of attached news racks as provided in subsection G of this section, shall weight in excess of one hundred twenty-five (125) pounds when empty.
I. News racks that display or depict material on their covers which fall under the definition of “harmful matter,” as that term is defined in Section 313, Subdivision (a) of the Penal Code of the state of California, and which are exposed to public view and are located in a public place other than a public place from which minors are excluded, shall have devices which are commonly known as “blinder racks” in front of the material, so that the lower two-thirds of the material is not exposed to view.
(Ord. 2004-4 § 2 (part))
12-28.060 Location of news racks.
Any news rack which rests in whole or in part upon, in, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with the provisions of this section.
A. No news rack shall be located, in whole or in part, in any roadway or public street.
B. News racks shall only be located at the rear of the sidewalk farthest from the street or roadway curb (or, if there is no curb, the edge of the roadway) or adjacent to the wall of a building. News racks located adjacent to the wall of a building or a wall in the public right-of-way shall be placed parallel to and not more than six inches from the wall. No news rack shall be located on the sidewalk or parkway directly opposite a newsstand or another news rack.
C. Notwithstanding the provisions of Section 12-28.030(C), no news rack shall be placed, installed, used, or maintained:
1. Within three feet of any marked crosswalk;
2. Within fifteen (15) feet of the curb return of any unmarked crosswalk;
3. Within three feet of any fire hydrant, fire call box, police call box, or other emergency facility;
4. Within three feet of any driveway;
5. Within three feet ahead of, and fifteen (15) feet to the rear of, any sign marking a designated bus stop;
6. Within three feet of any bus bench;
7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;
8. Within three feet of any public area improved with lawn, flowers, shrubs, trees, or other landscaping; or
9. Within three feet of any display window of any building abutting the sidewalk or parkway.
(Ord. 2004-4 § 2 (part))
12-28.070 Applicability in residential and open space zones.
Notwithstanding any other provision of this chapter, news racks shall not be permitted in a public right-of-way adjoining land zoned for residential use or open space use. (Ord. 2004-4 § 2 (part))
12-28.080 Existing news racks.
News racks lawfully in existence on May 31, 2004 shall be made to conform with all provisions of this chapter by January 1, 2005 (“amortization period”), provided, however, that Sections 12-28.050(F) and (I), and Section 12-28.070, shall apply within thirty (30) days of the effective date of the ordinance codified in this chapter. (Ord. 2004-4 § 2 (part))
12-28.090 Enforcement.
Upon a determination by the Director that a news rack has been installed, used, or maintained in violation of any of the provisions of this chapter, the Director shall cause an order to be issued to the distributor to correct the offending condition. The order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail, return-receipt-requested to the distributor at the address shown on the notice required by Section 12-28.050(D). The order shall specifically describe the offending condition and specify actions necessary to correct it. If the distributor fails to properly correct the offending condition within fifteen (15) days after receipt of the order, or file an appeal as provided in Section 12-28.100, the Director shall cause the offending news rack to be removed and processed as unclaimed property under applicable provisions of law relating thereto. If the distributor of the offending news rack cannot be identified, the news rack shall be removed immediately and processed as unclaimed property under applicable provisions of law. The foregoing provisions are not exclusive, and are in addition to any other penalty or remedy provided by law. (Ord. 2004-4 § 2 (part))
12-28.100 Appeal.
Any person, corporation, or entity aggrieved by a finding, determination, notice, order, or action taken under the provisions of this chapter may appeal and shall be advised of the right to appeal to the City Manager, or his or her designee. A request for an appeal must be made within fifteen (15) days after receipt of the notice, order, or of any decision or action taken by filing with the Director a letter of appeal briefly stating therein the basis for such appeal. The hearing shall be held on a date no more than thirty (30) days after receipt of the letter of appeal. Appellant shall be given at least five days’ notice of the time and place of the hearing. The City Manager, or designee, shall give the appellant and any other interested party the reasonable opportunity to be heard, in order to show cause why the determination of the Director should not be upheld. Within fifteen (15) days of the hearing, the City Manager, or designee, shall make a written decision. The decision may be appealed to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days of the date of the decision of the City Manager. The decision of the City Council shall be final. Fees for filing an appeal shall be set by resolution of the City Council. (Ord. 2004-4 § 2 (part))
12-28.110 Public nuisance.
Any news rack, or any publication offered for sale or distribution, in violation of this chapter shall constitute a public nuisance, and may be abated in accordance with applicable provisions of law. (Ord. 2004-4 § 2 (part))
12-28.120 Abandonment.
In the event a news rack remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in Section 12-28.090 for news rack in violation of the provisions of this chapter. (Ord. 2004-4 § 2 (part))
12-28.130 Violations.
Any person or corporation who violates any of the provisions of this chapter is guilty of an infraction, punishable by a fine of one hundred dollars ($100.00). A second violation of this chapter shall be punishable by a fine of two hundred fifty dollars ($250.00), and a third and subsequent violation shall be deemed a misdemeanor. (Ord. 2004-4 § 2 (part))