13-6
NEWSRACKS1:
a. Definitions: The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Business day means a day that Lynwood city hall is open to conduct public business.
City manager means the city manager of the city of Lynwood or his/her designee.
Director of public works means the director of public works of the city of Lynwood or his/her designee.
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.
Operator means the person, as either an individual or other entity, who is proprietor of a “newsrack”, as defined by this section, whether in a capacity of owner, lessee, permittee, licensee or in any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this section and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this section by either the principal or the managing agent shall, however, be considered to be compliance by both.
Parkway shall mean that area between the sidewalk 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.
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.
Roadway shall mean that portion of a street which is improved, designed or ordinarily used for vehicular travel.
Sidewalk shall mean any surface provided for the exclusive use of pedestrians.
Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, highways, and alleys.
b. Intent And Purpose: The purpose of this section is to promote the public health, safety, and general welfare of the residents and visitors to the city through the regulation of placement, type, appearance, and maintenance of newsracks on public rights of way so as to:
1. Provide for pedestrian and driver safety and convenience;
2. Restrict unreasonable interference with the flow of pedestrian or vehicular traffic, including, but not limited to, ingress into and egress from any residence or place of business, or from the street to the sidewalk, or from the sidewalk to the street by persons exiting or entering parked or standing vehicles;
3. Provide for the safety of the general public and property during emergency conditions;
4. Provide reasonable access for the use and maintenance of poles, posts, traffic signs and/or signals, hydrants, mailboxes, and access to locations used for public transportation purposes;
5. Allow for the placement and maintenance of modular newsracks to be placed in locations throughout the city which afford easy, convenient service to pedestrians, but do not obstruct or interfere with access to abutting properties, and which do not impede or endanger pedestrian, bicycle, or vehicular traffic;
6. Maintain and protect the values of surrounding properties, and ensure that the aesthetics and historical attributes of adjacent businesses are not compromised by the unregulated placement of newsracks in the public right of way;
7. Reduce unnecessary exposure of the public to personal injury or property damage;
8. Maintain and preserve freedom of the press to distribute periodicals and newspapers;
9. Reduce visual blight and improve the aesthetic appearance of the city’s streets and sidewalks for the residents and visitors to the city by coordinating the uniform style and color of all newsracks; and in specific plan areas, which have a standard streetscape style and color, to allow for a uniform newsrack style and color from a limited palate of colors in order to coordinate the color of newsracks with their streetscape.
c. Compliance Phase In: The provisions of this section shall apply to all newsracks, whether installed and maintained prior to or after the effective date hereof which in whole or in part rests upon, in, or over any dedicated sidewalk, right of way or parkway. Those newsracks installed prior to the effective date hereof shall be brought into compliance with all the provisions of this code within one year from the passage date hereof.
d. Permits:
1. Prohibition: No person shall install, remove, 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 department of public works.
2. Applications: Applications for permits required by this section shall be filed with the department of public works upon printed forms to be prescribed and supplied by the department of public works. The application shall be signed by the applicant and shall state the following:
(a) The name, address, telephone number, and facsimile number of the applicant;
(b) The number of newsracks and location of the proposed installation or maintenance of the newsrack;
(c) The date that said newsrack is proposed to be installed or maintained;
(d) The nature, type and model of the newsrack proposed to be installed or maintained, including its dimensions;
(e) A provision stating 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;
(f) The name, address, and telephone number of the responsible individual whom the city may notify or contact at any time concerning the applicant’s newsrack;
(g) Site plan, elevations, and any other plans required by the director of public works;
(h) Any additional information which the director of public works may deem necessary for the proper disposition of the application.
3. Requirements: The applicant shall be required to obtain a permit for each newsrack proposed to be installed or maintained. An amended application for said permit shall be filed with the department of public works 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.
4. Annual Fee: Prior to the issuance of a permit, the applicant shall pay an annual permit fee in an amount determined by resolution of the city council. The fee required shall apply to each newsrack installed or maintained by the applicant.
5. Inspection Fee: In addition to the annual permit fee payable pursuant to subsection 13-6d4 of this section, each applicant shall pay an inspection fee in an amount determined by resolution of the city council for each newly installed or replaced newsrack.
6. Hold Harmless Agreement: 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 of Lynwood, its officers, directors, employees, volunteers, and agents free and harmless from any loss, liability, damage or cost sustained by any person or property, to the extent that the loss, liability, damage or cost arises out of the installation, operation, or use of any newsrack located upon, in or over a public right of way or other public property.
7. Insurance: Before the city of Lynwood may issue a newsrack permit, an applicant shall furnish the department of public works a certificate of insurance evidencing that the applicant has then in force a liability and property damage insurance policy with the following requirements:
(a) A policy or policies of broad form comprehensive general liability insurance with minimum limits of one million dollars ($1,000,000.00) combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by applicant, its officers, directors, employees, agents, and independent contractors related to the newsrack.
(b) The city, its officers, employees, volunteers, and agents shall be named as additional insureds. Property damage insurance with a minimum limit of five hundred thousand dollars ($500,000.00) naming the city, its officers, employees, volunteers, and agents as additional insureds.
(c) The applicant shall keep the insurance in force during all times it maintains a newsrack under the permit. The certificate of insurance filed with the city shall include a statement by the insurance carrier that thirty (30) days’ notice will be given to the city before cancellation.
8. Duration Of Permit: Each permit shall be valid for a period of one year, and shall be renewed in the same manner as set forth in this section for original applications.
9. Permit Is Nontransferable: A permit granted pursuant to this section may not be transferred from one location to another location or from one person to another person.
10. Attachment Of Permit: The permit shall be in the form of a sticker or decal which the operator shall attach and maintain on the newsstand or newsrack for which the permit has been issued. If, through no fault of the operator, the permit is destroyed or defaced, or if the newsstand or newsrack or a portion thereof on which the permit is affixed is replaced, and the city manager so finds, he shall issue a duplicate permit.
11. Verification Of Business License: No permit shall be issued until applicant obtains a city of Lynwood business license.
e. Denial Of Permit: If the director of public works denies a permit, he shall so inform the applicant in writing and also inform the applicant that he may file an appeal to the city manager.
f. Right Of Appeal:
1. The decision of the director of public works may be appealed to the city manager or his/her designated hearing officer in accordance with this code. Such appeal shall be requested in writing within ten (10) business days of any decision.
2. After the expiration of the appeal period to the city manager, the decision of the director of public works shall be final and conclusive unless an appeal was timely filed in accordance with the provisions of this code.
3. In considering the appeal, the city manager shall determine whether the newsrack(s) complies with the standards and specifications of this section.
4. On appeal, the city manager shall conduct the hearing and may uphold, reverse, or amend any decision of the director of public works. The decision of the city manager, or its designated hearing officer, shall be final and conclusive. Notice of the city manager’s decision shall be mailed to the newsrack owner and operator, if different from the owner, or other appellant within ten (10) business days of the decision personally, or by certified United States mail, return receipt requested. The decision shall include notification of section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid.
g. Standards And Specifications:
1. 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.
2. 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.
3. The placement of all newsracks in the city shall comply with all local and state accessibility regulations, including the Americans with disabilities act.
4. No more than three (3) separate newsracks, or a cluster made up of no more than three (3) newsracks, shall be located upon, in or over any public right of way or other public property within a space of two hundred feet (200') in any direction within the same block of the same street.
5. Newsracks shall not be permitted on the public right of way adjacent to any property that is zoned exclusively for single-family residential use (R-1).
6. 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:
(a) Stands for newsracks shall be single pedestal, K-jack style mounts, model 100 or equivalent.
(b) Newsrack pedestal or mount and box shall be painted black, except in specific plan areas, which have a standard streetscape style and color, to allow for a uniform newsrack color from a limited palate of colors in order to coordinate the color of newsracks with their streetscape.
(c) No newsracks shall exceed sixty inches (60") in height, thirty inches (30") in width, or twenty four inches (24") in depth, except for approved cluster racks.
(d) 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 eighteen inches (18") nor more than twenty four inches (24") 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 (6") from the wall.
(e) No newsrack shall be chained, 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.
(f) Newsracks may be placed, chained or otherwise attached to one another; however, no more than three (3) separate newsracks, or a cluster made up of no more than three (3) newsracks, may be joined or placed together in this manner, and a space of no less than eighteen inches (18") shall separate each group of three (3) newsracks so attached.
(g) 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.
(h) No newsrack shall be placed, installed, used or maintained:
(1) Within fifteen feet (15') of any marked crosswalk;
(2) Within fifteen feet (15') of the curb return of any unmarked crosswalk;
(3) Within fifteen feet (15') of any fire hydrant, fire callbox or other emergency facility;
(4) Within fifteen feet (15') ahead of and fifteen feet (15') to the rear of any sign marking a designated bus stop, parking meter, traffic signal, streetlight, power pole, signpost, tree or refuse container;
(5) Within fifteen feet (15') of any bus bench or bus shelter;
(6) At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet (6');
(7) Within five feet (5') 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;
(8) So that the front face or display window of the newsrack is within three feet (3') of any lawn, flowers, shrubs or trees;
(9) Within five feet (5') of any bicycle rack.
h. Maintenance Of Newsracks:
1. Maintenance: Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times so as not to become mechanically inoperable or have cracked or broken coverings or casings. If an inspection is required concerning maintenance, the owner of said newsrack shall be charged an inspection fee in an amount determined by resolution of the city council for each newsrack so inspected.
2. Identification Of Operator: Every person who places or maintains a newsrack upon, in or over any public right of way or other public property shall permanently affix the operator’s name, address, telephone number and permit number in a place where such information may be easily seen on each newsrack.
3. Prohibition Of Advertising On Newsrack: 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.
i. Procedures For Posting, Removal And Storage Of Newsracks In Violations:
1. General: Upon determination by the director of public works that a newsrack has been installed, used or maintained in violation of this section, a notice to correct shall be issued which shall specify the manner in which this section is violated and request compliance. The order shall be telephoned to the distributor and confirmed by mailing a copy of the notice by certified mail, return receipt requested. A hearing with regard to the notice to correct may be requested. Failure to either properly correct the violation or request a hearing on the notice within ten (10) business days (excluding Fridays, Saturdays, Sundays and legal holidays) after the mailing date of the notice shall result in removal and storage of the newsrack by the director of public works at any time after expiration of the ten (10) business day period.
2. Hearing: If a hearing is requested, it shall be provided within ten (10) business days of the request and shall be conducted by the city manager or his designee. The appellant shall be given at least five (5) days’ notice of the time and place of the hearing and shall be entitled to present evidence showing that the newsrack was not installed, used or maintained in violation of this section. The hearing shall be conducted in a manner designed to ascertain the facts without an undue consumption of time or resources. Formal rules of evidence shall not be followed, nor shall any party have the right to require that witnesses be sworn or subject to cross examination. The city manager or his designee shall either affirm, vacate or modify the order to correct upon completion of the hearing and rendering of a decision. If the order to correct is not vacated, the distributor shall comply with the order within three (3) days of the decision; failure to comply shall result in removal and storage of the newsrack by the director of public works.
3. Storage; Costs: The costs of removal and storage of any newsrack shall be borne by the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation. No newsrack which has been removed and stored by the city shall be released to the owner unless the costs of removal, storage, and any necessary repair to the premises on which the newsrack was placed have been paid. If a newsrack which has been removed and stored remains unclaimed for a period of sixty (60) days, it shall be deemed to be unclaimed personal property and disposed of in accordance with law.
4. Remedy Cumulative: The remedy of removal and storage of a newsrack may be exercised in addition to the criminal and civil remedies specified in this code.
j. Removal Of Newsrack By Operator: If the operator decides to remove the newsrack, the operator must return the portion of the public right of way to good working and safe condition, subject to inspection and approval by the director of public works. Prior to removal of any newsrack, the applicant shall obtain a permit from the department of public works.
k. Display Of Material Harmful To Minors: No material which is harmful to minors as defined in section 313 of the Penal Code of the state, shall be displayed in a public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the material so that the lower two-thirds (2/3) of the material is not exposed to view.
l. Additional Rules And Regulations: The city council reserves the right to adopt by resolution additional rules and regulations which shall become effective immediately upon adoption, governing the implementation of the specific procedures of this section.
m. Violations; Penalties: Any person, including any newsrack operator, who violates any provision of this section shall be guilty of a misdemeanor, infraction, or fine, whatever is deemed most appropriate by the city prosecutor. Each day during any portion of which any violation of any provision of this section is committed, continued or permitted, shall constitute a separate offense.
n. Nonexclusive Remedy: This section is not the exclusive remedy available to the city for regulating newsracks and shall be in addition to other regulatory codes, statutes and ordinances enacted by the city, the state, or any other governmental entity or agency having jurisdiction. (Ord. #1578, §1)
Prior ordinance history: Code 1972 §28-7; Ord. #966, §2; Ord. #1147, §1; Ord. #1379, §§2-5.