Chapter 13.24
NEWSRACKS
Sections:
13.24.030 Newsrack Permit—Required.
13.24.040 Obtaining a Newsrack Permit.
13.24.080 Location —Prohibited.
13.24.090 Standards for Maintenance and Display of Newsracks.
13.24.100 Newsrack Prohibitions.
13.24.110 Special Standards Districts.
13.24.120 Abatement, Impound and Appeal Provisions.
13.24.170 Violation—Other Remedies.
13.24.000 Purpose and Intent.
The purpose and intent of this chapter is to promote the public health, safety and welfare through the regulation of placement, appearance, maintenance, servicing and ensuring of newsracks on public rights-of-way so as to:
A. Provide for pedestrian and driver safety and convenience;
B. Provide for disabled persons’ safety, access and convenience;
C. Restrict the unreasonable 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;
D. Provide reasonable access for the use and maintenance of poles, posts, traffic signs and signals, hydrants, and mailboxes and access to locations used for public transportation;
E. Eliminate newsracks which may result in a visual blight on the public right-of-way, or which may unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements;
F. Maintain and protect the values of surrounding properties;
G. Reduce unnecessary exposure of the City to personal injury or property damage claims;
H. Provide for and maintain the freedom of speech for newspapers and periodicals using newsracks for distribution; and
I. Eliminate poorly designed and constructed newsracks that are inadequately secured to the underlying foundation, being knocked down, thrown, and windblown onto public streets. (Ord. 05-3 § 2, 2/22/05)
13.24.010 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meaning indicated in this section unless the context or usage clearly requires a different meaning:
“Blinder rack” means a device attached to a newsrack that shields from view the lower two-thirds of any material contained in the newsrack.
“Block” means one side of a street between two (2) consecutive intersecting streets.
“City Engineer” means the City Engineer of the City of Santa Clarita or his or her authorized designee.
“Coin-operated” means any newsrack that provides periodicals at a charge.
“Display window” means any window located or utilized so as to exhibit or make a presentation of merchandise, or any window located or utilized so as to give evidence to the general public of the interior of a business establishment.
“Explicit sexual acts” 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 acts of sexual arousal involving any physical contact with a person’s genital, pubic region, pubic hair, perineum, anus, or anal region.
“Harmful matter” or “material harmful to minors” means matter, taken as a whole, which, to the average person applying contemporary statewide standards, appeals to the prurient interest and is matter which, taken as a whole, depicts or describes, in a patently offensive way, sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, educational, or scientific value for minors.
“Minor” means any natural person less than eighteen (18) years of age.
“Neutral in regard to color” means dull, or bland.
“Newsrack” means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and free distribution or sale of newspapers or periodicals.
“Parkway” means that area between the sidewalk and the curb of any street. Where there is no sidewalk, it means that area between the edge of the roadway and the public right-of-way. Parkway also includes any area within a roadway that is not open to vehicular travel.
“Permanent newsrack” means a vending machine that is affixed to the ground, sidewalk or improvements upon the right-of-way by bolts or poles and not readily movable.
“Permittee” means the publisher or distributor, or custodian, clerk, employee, officer or other person who, as an agent of the publisher or distributor, has applied for (applicant) or been granted (permittee) an encroachment permit for a newsrack pursuant to the provisions of this chapter.
“Person” means an individual, firm, partnership, corporation, or other legal entity.
“Portable newsrack” means a newsrack that is not affixed to the ground, sidewalk or improvements upon the right-of-way by bolts or poles and is readily movable.
“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, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square, and other similar public way which is owned or held (whether in fee, easement, leasehold or other interest) by the City of Santa Clarita.
“Roadway” means that portion of a street improved, designed, or ordinarily used for vehicular travel.
“Self-service” means any newsrack that provides periodicals at no charge and is not coin-operated.
“Sidewalk” means any surface provided for the exclusive use of pedestrians.
“Street” means all that area dedicated to public use for public street purposes and includes, but shall not be limited to, roadways, parkways, alleys, and sidewalks. (Ord. 05-3 § 2, 2/22/05)
13.24.020 Newsrack Priority.
A. The City Engineer will process applications for placement of newsracks at permissible available locations on a “first-come, first-served basis.”
B. In the event that there is not sufficient space to accommodate all of the newsracks sought by persons to be placed at any one location without violating the standards set forth in this chapter, the City Engineer will assign these spaces as follows:
The City Engineer will place the names of all applicants for the remaining spaces at the particular location into a container from which the names will be drawn, one at a time, until the remaining spaces at the particular location have been filled. Such drawing must be open to the public at a time and date designated by the City Engineer or the Engineer’s designated representative. (Ord. 05-3 § 2, 2/22/05)
13.24.030 Newsrack Permit—Required.
No person may keep or maintain a newsrack on or projecting onto a public right-of-way unless and until a newsrack permit has been obtained from the City Engineer for each and every newsrack installed or maintained. No more than one permit shall be required per applicant regardless of the number of newsracks the applicant maintains in the City. Such permit allows a newsrack to be kept and to remain, provided it is in compliance with all of the provisions of this chapter and the newsrack permit. (Ord. 05-3 § 2, 2/22/05)
13.24.040 Obtaining a Newsrack Permit.
A. Newsrack Permit Application. Upon receipt of a newsrack permit application and payment of the appropriate fee, as described in this Section, the City Engineer will cause an investigation to be conducted to determine whether the permit, if granted, will conform to all provisions of this chapter. The provisions of this chapter are the exclusive requirements for newsrack encroachments onto public property in the City. Applications for a newsrack permit for one or more newsracks must be made to the City Engineer on a form prescribed by the City Engineer. The form must include all the requested information. Failure to submit a complete application form may result in the denial of the permit application by the City Engineer.
B. Indemnification. The application must contain a provision by which the permittee agrees by signing the application that, if the permit is granted, he or she will indemnify and hold harmless, protect, and defend the City, its elective and appointive boards, officers, agents, and employees from and against any and all claims, costs, expenses, or damages of any nature (including attorney fees) by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss, loss of use of, injury to, or destruction of property, including consequential damages of any nature resulting therefrom, arising out of the placement or maintaining of any newsrack by permittee within the public right-of-way. Such indemnification shall be in a form approved of by the City. Prior to issuance of permit, applicant must present evidence of compliance with this section.
C. Insurance. Every permittee of a newsrack located upon the public right-of-way must secure and maintain a policy of public liability insurance for injuries to persons or property approximately arising out of accidents attributable to the placement of the newsrack upon the right-of-way. This policy must provide insurance coverage amounts as required by the City Engineer. The policy is to name the City of Santa Clarita as an additional insured. The policy of insurance must contain a contractual liability provision covering the liability assumed by the permittee by the terms of the encroachment permit and must contain a provision that such policy may not be canceled or modified except after thirty (30) days’ notice in writing given to the City Engineer. Certificates evidencing this insurance must be submitted with the newsrack permit application and kept on file with the Risk Manager for the City of Santa Clarita.
D. Fee Required. No newsrack permit application will be complete unless accompanied by the fee as established by resolution of the City Council.
E. Issuance of Permit. A permit must be issued within ten (10) working days from the date of filing the application with the City Engineer if the application is properly completed and the type of newsrack and location proposed for each newsrack meet the standards set forth in this chapter. A single permit will be issued for all newsracks applied for by an applicant who meets the standards of this chapter. Each permittee will be issued a preprinted sticker for each permitted newsrack, which must be affixed in accordance with Section 13.24.090.
F. Denial of Newsrack Permit. If a newsrack permit is disapproved, in whole or in part, the City Engineer will notify the applicant within ten (10) working days from the date of the filing of a complete application with the City Engineer, explaining the reasons for the denial of the permit. The applicant will have ten (10) days within which to appeal the decision to the City Manager in accordance with the appeal provisions set forth in this section.
G. Appeal of Newsrack Permit Denial. After receiving a notice of appeal, the City Manager or his or her designee will conduct a hearing within thirty (30) days of receipt of the applicant’s appeal, unless otherwise agreed to by the applicant. Written notice of the time and place of the hearing will be given to the applicant, and will be posted in the official posting location of the City. The hearing will be informal, but oral and written evidence may be given by both sides. The City Manager or designee will render a written decision within fifteen (15) days after the date of the hearing. The decision of the City Manager will be final.
H. Period of Newsrack Permit Validity. The newsrack permit will be valid for two (2) years, commencing on July 1st and expiring on June 30th two (2) years thereafter. Upon enactment of the ordinance codified in this chapter, the initial permit shall be valid from the date of permit approval by the City expiring on the second June thereafter.
I. Newsrack Permit Renewal. The newsrack permit may be renewed for periods of two (2) fiscal years upon application, as provided in this chapter, and payment of the correct fee as established by resolution of the Council.
J. Amendment to Newsrack Permit.
1. Each permittee or distributor has an ongoing duty to provide the City with current information as set forth in this section. In the event of change in any of the information contained in the application, the permittee must submit such change in writing to the City Engineer within thirty (30) days of the change.
2. A permittee may relocate an existing newsrack and/or install and maintain additional newsracks by an amendment to the permit. The rules and procedures of this section will also apply to the review and approval of any such amendment. Relocation and/or installation of newsracks will be subject to an amendment to newsrack permit fee as set forth by City Council resolution. (Changes to contact information will not be subject to an amendment to newsrack permit fee.) (Ord. 05-3 § 2, 2/22/05)
13.24.050 Rights Conferred.
The approval of a location for a newsrack pursuant to the issuance of a permit will not be construed as granting the permittee any right to, or interest in, the City-owned property or a public right-of-way. The rights conferred by this chapter are merely a license to use the subject property for the permitted purpose, subject to the provisions of this chapter. (Ord. 05-3 § 2, 2/22/05)
13.24.060 Transferability.
No permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the City Engineer stating that the transferee is now the permittee. The application process for such a permit amendment will be the same as set forth in Section 13.24.040. (Ord. 05-3 § 2, 2/22/05)
13.24.070 Location—Permitted.
A. Newsracks must be located near the curb (or if there is no curb, the edge of the roadway) or near the property line as determined by the City Engineer. Where directed and permitted to place a newsrack near the curb, the face of the newsrack must be between eighteen (18) and twenty-four (24) inches from the curb face unless directed otherwise by the City Engineer. Where directed to place the machine near the property line, the back of the machine must be within three (3) inches of the property line unless directed otherwise by the City Engineer. No more than five (5) machines may be located in a group, adjacent to the curb where parking is allowed, without a space of six (6) feet being allowed for pedestrians to separate the group from the next group.
B. Only permanent newsracks placed and maintained in compliance with the provisions of this chapter will be permitted upon the public right-of-way.
1. Mounts must be bolted in place in accordance with specifications on file in the Department of Public Works of the City and only at locations designated by the Department.
2. The alteration of existing sidewalk structures for the purpose of installing a newsrack must be done in such a manner as to cause no damage to the remaining sidewalk structure and must be done with approved equipment designed for that purpose.
3. Portland concrete cement sidewalks must be replaced with the thickness of that removed, but in no case less than four (4) inches, and must be of the same color and texture as the adjoining sidewalk. Damaged sidewalks must be replaced full panel scoreline to scoreline; no partial panel repairs will be allowed.
4. All sidewalk reconstruction work required as a result of the installation of a newsrack by the permittee must conform to the latest edition of the Standard Specifications for Public Works Construction as amended and adopted by the City of Santa Clarita.
5. The permittee is responsible for the installation of the newsrack. All work undertaken is the sole responsibility of the permit holder. Damage resulting from the installation of a newsrack must be repaired immediately by and at the expense of the permittee. Failure to make required repairs will result in City forces undertaking to make such repairs. The cost of repairs will be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation. (Ord. 05-3 § 2, 2/22/05; Ord. 06-7 § 1, 10/10/06)
13.24.080 Location —Prohibited.
A. No person may place or maintain any newsrack on any portion of or projecting onto, into or over any portion of the street or highway on which vehicles are lawfully permitted.
B. No newsrack may be placed, installed or maintained at the following locations:
1. Within five (5) feet of any marked crosswalk;
2. Within fifteen (15) feet of the curb return of any unmarked crosswalk;
3. Within three (3) feet of any fire hydrant, fire box, police call-box, or other emergency facility;
4. Within five (5) feet of the far side of any driveway (when approaching a driveway—typical) and within thirty (30) feet of the near side of the same driveway, since this placement would impede adequate sight distance for oncoming traffic (in regard to one-way streets: one-way streets would prohibit placement within five (5) feet to the far side of the driveway and thirty (30) feet to the near side of the same driveway);
5. Within three (3) feet ahead of and fifteen (15) feet to the rear of any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;
6. Within four (4) feet of any bus bench;
7. At any location where the newsrack causes, creates, or constitutes a traffic hazard;
8. At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property;
9. Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway;
10. At any location whereby the clear space for the passage of pedestrians using the sidewalk is reduced to less than four (4) feet;
11. Atop any vault or storm drain inlet;
12. Within five (5) feet of light standards, trash receptacles, traffic signal control boxes, public safety control boxes, mailboxes, water meters, gas meters, electrical pull boxes, catch basins, and sewer manhole covers;
13. Within five (5) feet of a curb painted blue, pursuant to the provisions of California Vehicle Code Section 21458;
14. Within ten (10) feet of any transit shelter;
15. Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the sidewalk or parkway, but in no event within three (3) feet of such window;
16. Within five hundred (500) feet of any elementary, junior high, or high school site;
17. No portable newsrack may be placed upon the public right-of-way;
18. No newsrack may be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack except as permitted per Section 13.24.070;
19. No newsrack may be located directly opposite a newsstand or another newsrack on the same side of a sidewalk or parkway;
20. No more than eight (8) newsracks may be located on any public right-of-way within a space of two hundred (200) feet in any direction on a given block;
21. No more than five (5) machines may be located in a group without a space of three (3) feet to separate the group from the next group. Where machines are adjacent to the curb in locations where parking is allowed, a space of six (6) feet between groups is required to allow for pedestrian travel; or
22. Where placement unreasonably interferes with the use of mechanical sidewalk cleaning machinery, poles, posts, traffic signs or signals, mailboxes, or government use;
23. This section does not apply to newsracks that are placed or projected upon public highways and which are subject to the provisions of Section 13.24.100. (Ord. 05-3 § 2, 2/22/05)
13.24.090 Standards for Maintenance and Display of Newsracks.
A. Identification Required. Every newsrack permittee must, in a place where such information may be easily seen, permanently affix to each newsrack that in whole or in part rests upon, in or over any public right-of-way within the City, the following:
1. The permittee’s name, address, and local area telephone number as required by Business and Professions Code Section 17570;
2. The permittee’s permit sticker; and
3. A local working telephone number to call to report a malfunction or to secure a refund.
B. Each newsrack and the sidewalk area extending twelve (12) inches beyond the footprint of the machine must be serviced and maintained so that:
1. The dimensions of the case must be less than thirty (30) inches in width and less than eighteen (18) inches in depth. The overall height of the machine must be between forty-four (44) and fifty-two (52) inches.
2. Each machine must be constructed of sturdy, corrosive-resistant materials.
3. Each machine must be colored in neutral hues of blue, green, white, or brown.
4. All coin-operated newsracks must be equipped with an automatic coin-return device maintained in good repair and working order. Every coin-operated newsrack must display information on how to secure a refund in the event of coin return malfunction. Such information must be placed in a visible location on the front or top of the newsrack, and must be legible.
5. Each machine must have (a) display case(s) with a plastic window.
6. Every newsrack must be painted or covered with a protective coating, so as to keep it free from rust, and must be cleaned and repainted on a regular basis.
7. Every newsrack must be maintained in a neat and clean condition, and in good repair at all times. For example, without limitation, every newsrack must be reasonably free of dirt and grease, be reasonably free of chipped, faded, peeling or cracked paint, be reasonably free of rust and corrosion, have no broken or cracked plastic or glass parts, and have no broken or unduly misshapen structural parts.
8. Every newsrack must be constructed, installed and maintained in a safe and secure condition.
9. Every newsrack must be made of solid material on all sides, so as to contain the material inside the newsrack in a manner as to prevent it from blowing away or otherwise becoming litter. No wire or other open form of newsrack will be permitted.
10. Every newsrack must be kept free of graffiti.
11. Every mounted newsrack must be kept free of dirt and litter under the newsrack.
12. Other than the display of the publication contained therein, no newsrack may display or be affixed with any words or pictures except for the identifying information, and the coin return information, if applicable, required by Section 13.24.090; provided, that except as provided in Section 13.24.100, each side of a newsrack may display, in characters no more than four inches high, the name and/or logo of the publication contained in the newsrack, and the front of each newsrack may be affixed with a single sign or decal, no larger than eight (8) inches by ten (10) inches, containing only information relating to the display, sale or distribution of the publication contained in the newsrack. If the newsrack is a Sho-Rack K-100 or K-Jack KJ55 style, or equivalent (i.e., double-high), which contains a built-in sign holder, the newsrack may be affixed with a sign that fits within that holder, not to exceed fourteen (14) inches by twenty-three (23) inches. If a newsrack has no sign or decal, the name and/or logo display may be up to eleven (11) inches high.
13. Old or out-of-date material removed from any newsrack by any person who owns, maintains, or stocks the newsrack must be recycled or disposed of in a lawful manner. Such material may not be disposed of in any trash receptacle owned or rented by others, without the express written consent of the owner or renter of such receptacle. Such material must be disposed of in a manner that does not cause the material to become litter.
14. Newsracks may not have electrical service and may not be equipped with any devices to emit light or sound.
15. Blinder Racks Required. Newsracks located in public places, other than public places from which minors are excluded, and which display to the public view harmful matter, must be equipped with devices commonly known as blinder racks in front of the material so that the lower two-thirds of the material is not exposed to public view. (Ord. 05-3 § 2, 2/22/05)
13.24.100 Newsrack Prohibitions.
A. No newsrack may be used for advertising signs or publicity purposes other than dealing with the display, sale, or purchase of the newspaper or periodicals sold therein.
B. Display of Certain Matter Prohibited. Publications offered for sale or at no cost from newsracks placed or maintained on or projecting over the street or highway may not be displayed or exhibited in a manner which exposes to public view from the street or highway any of the following:
1. 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.
2. Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront.
3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.
4. Display in Areas Where Minors Are Not Excluded—Harmful Matter Restricted. No person may knowingly display or cause to be displayed, in any public place where minors are not excluded, any harmful matter as defined in Section 313.1 of the Penal Code unless such matter is displayed in newsracks equipped with blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view. (Ord. 05-3 § 2, 2/22/05)
13.24.110 Special Standards Districts.
A. The City Council finds that those areas in the City which have been designated “special standards districts” (“districts”) pursuant to the City’s municipal code at Sections 17.39.010 (Happy Valley Special Standards District), 17.39.020 (Placerita Canyon Special Standards District) and 17.39.030 (Sand Canyon Special Standards District), and as may be added to the City code by amendment process, due to their unique characteristics require a different set of standards for newsracks as provided below.
B. Notwithstanding any contrary provisions in this chapter, the following standards will apply to newsracks and the placement of publications in newsracks within any special standards district as provided for in subsection (A) of this section:
1. No newsrack will be located in a special standards district except with a special newsrack container. Special newsrack containers will be supplied by the City.
2. The name and/or logo otherwise permitted pursuant to Section 13.24.090 may be placed only on the front face of the box.
C. Original Placement of Newsracks Within a Special Standards District.
1. No newsrack can be located in a special standards district unless a permit has been obtained in accordance with this section.
2. Within thirty (30) days after the effective date of the ordinance codified in this chapter or after the creation of a special standards district by amendment to the City’s municipal code, or as soon as practical thereafter, the City Engineer must establish a date (the “cut-off” date) by which application must be made to the City Engineer for every newsrack proposed to be located within a special standards district. No application will be considered that is filed later than the cut-off date established for that area. The City Engineer must give notice of the cut-off date by publication once in a newspaper of general circulation in the City. The City Engineer will endeavor to mail notice of the cut-off date to the owners and/or distributors of newsracks existing as of the effective date of the ordinance creating another special standards district under the City’s municipal code; however, failure to provide mailed notice to any person will not invalidate any action taken pursuant to this section or this chapter.
3. The process for obtaining a permit must be in accordance with Section 13.24.040; provided, however, that where the number of newsracks for which application has been made exceeds the number of special newsrack containers available in a special standards district, the City Engineer will issue newsrack permits in the manner described in Section 13.24.020.
4. After the original placement of newsracks within a special standards district, as described in subsection (C)(2) of this subsection, application may be made for placement of a newsrack in a location within a special standards district for which no empty special newsrack container is available. Such applications will be placed on a waiting list. In the event a special newsrack container becomes available, the City Engineer will issue a permit for the location; if multiple applicants for a single location, the City Engineer will determine which applicant will receive the permit in the manner described in Section 13.24.020. (Ord. 05-3 § 2, 2/22/05; Ord. 13-8 § 4 (Exh. F), 6/11/13)
13.24.120 Abatement, Impound and Appeal Provisions.
A. Abatement. Upon a determination by the City Engineer that a newsrack has been installed, used or maintained in violation of any of the provisions of this chapter, the Engineer must cause a tag to be affixed to the vending machine and an order to be issued to the permittee to correct the offending condition. The order must be telephoned to the permittee and confirmed by mailing a copy of the order by certified mail, return receipt requested, to the permittee. The order must specifically describe the offending condition and specify actions necessary to correct it. If the permittee fails to properly correct the offending condition within ten (10) working days after receipt of the order, or file an appeal as permitted under this chapter, the City Engineer must cause the offending newsrack to be summarily removed and processed as unclaimed property under applicable provisions of law relating thereto. If the permittee of the offending newsrack cannot be identified, the newsrack must 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.
B. Appeal After Hearing. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this chapter may appeal and must be advised of his/her right to appeal to the City Manager. An appeal must be perfected within ten (10) working days after receipt of the notice of any decision or action by filing with the City Engineer a letter of appeal, briefly stating therein the basis for such appeal. The hearing will be held on a date no more than ten (10) days after receipt of the letter of appeal. Appellant must be given at least five (5) days’ notice of the time and place of the hearing. The City Manager must give the appellant and any other interested party a reasonable opportunity to be heard, in order to show cause why the determination of the City Engineer should not be upheld.
C. The City Engineer must impound any newsrack in accordance with the decision of any hearing requested pursuant to this chapter. The cost of removal and/or storage by the City Engineer of any newsrack subject to this chapter will 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 will be deemed to be unclaimed property and may be disposed of in accordance with law.
D. The City Engineer or Engineer’s designee may sell or otherwise dispose of any newsrack so impounded, together with its contents, including money, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the City treasury, pursuant to California Government Code Sections 50050 to 50055 and other applicable laws when the decision to abate and impound has become final. Within five (5) days of the hearing, the City Manager must make a written decision effective immediately.
E. If, after appeal, the impounded newsrack is found not to have been in violation of this chapter, the newsrack shall be returned to the permittee, or other claimant, without payment of any impound fee or, if an impound fee has previously been paid, the impound fee shall be refunded. (Ord. 05-3 § 2, 2/22/05)
13.24.130 Summary Abatement.
Notwithstanding the provisions of Section 13.24.120, prior notice and an opportunity to be heard will not be required prior to the removal of any newsrack that is installed or maintained in such a place or manner as to pose an immediate threat to persons, vehicles or property or any newsrack that is placed in any location without a permit. In such case, the City must proceed in the following manner:
A. Within the next working day following removal, the City Engineer will notify by telephone the permittee or, in the case of an unpermitted newsrack, the owner of the newsrack or a person whose name is shown on the required identification. Within three (3) business days, the City Engineer will send written confirmation of the telephoned notice. The written confirmation must contain the reason for the removal and the information supporting the removal, and must inform the recipient of the right to request in writing within ten (10) business days a post-removal meeting within four (4) business days of the date of such written notice.
B. Upon timely request, the City Engineer will provide a meeting within four (4) business days of the request, unless the requesting party agrees to a later date. The meeting will be informal, but oral and written evidence may be submitted by both sides. The City Engineer will make a determination in writing within two (2) business days after such meeting. If the City Engineer finds that the removal was proper, the City Engineer will notify the requesting party to pay any applicable penalties and costs and how to recover the newsrack. If the City Engineer finds that removal was improper and that the placement of the newsrack was lawful, the City Engineer will order the newsrack to be released and reinstalled without charge.
C. If the owner of an unpermitted newsrack cannot be determined and the newsrack does not contain the required identification, no notice of the removal will be required. (Ord. 05-3 § 2, 2/22/05)
13.24.140 Abandonment.
In the event a newsrack remains empty for a period of thirty (30) continuous days, it will be deemed abandoned, and may be treated in the manner provided in Section 13.24.120 for newsracks in violation of the provisions of this chapter. (Ord. 05-3 § 2, 2/22/05)
13.24.150 Nuisance.
Any newsrack or any material in a newsrack placed, installed or maintained in violation of this chapter will constitute a public nuisance and may be abated in accordance with applicable provisions of law. (Ord. 05-3 § 2, 2/22/05)
13.24.160 Violation—Penalty.
Any permittee violating the provisions of this chapter is subject to prosecution as a misdemeanor. (Ord. 05-3 § 2, 2/22/05)
13.24.170 Violation—Other Remedies.
The provisions of this chapter will not limit any other remedies authorized by law. (Ord. 05-3 § 2, 2/22/05)
13.24.180 Expedited Review.
Pursuant to California Code of Civil Procedure Section 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure Section 1094.8, or any successor statute or regulation. (Ord. 05-3 § 2, 2/22/05)