Chapter 5.07
NEWSRACKS
Sections:
5.07.030 Application for permit.
5.07.080 Installation and maintenance.
5.07.090 Display of certain matter prohibited.
5.07.100 Permit expiration date and renewals.
5.07.110 Permit revocation and denial of renewals.
5.07.120 Indemnification and insurance.
5.07.130 Removal, storage and disposition after revocation or expiration of permit.
5.07.140 Removal of nonconforming newsracks.
5.07.010 Definitions.
As used in this chapter:
"Newsrack" means any type of unmanned device placed upon any public right-of-way for the vending of or free distribution of newspapers or news periodicals.
"Public right-of-way" means any public street, highway, sidewalk, parkway, or alley.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.020 Permit required.
A. It is unlawful for any person to place, affix, erect, construct, or maintain a newsrack upon any public right-of-way within the city unless there has been issued, and is in valid existence, a newsrack permit from the department of public works, in addition to any other city permitting requirements, including, but not limited to, a business license or business permit.
B. The newsrack permit shall be valid for the period indicated on the permit and only for the particular locations specified thereon.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.030 Application for permit.
No newsrack permit shall be issued except upon a written application filed with, and upon a form prescribed by the department of public works. The department of public works shall take action upon the application within thirty days of submission of the completed application. Such application shall contain the following:
A. The name, address and telephone number of the applicant;
B. A site map or drawing showing the exact location of each newsrack to be installed or maintained in the city by the applicant. The applicant shall also provide the following information: the width of the sidewalk; the existence of other newsracks at the proposed location, and any and all structures, encroachments or objects of any kind or character located within twenty-five feet of the proposed installation, including, but not limited to, traffic signals, street light poles, U.S. postal boxes, police call-boxes, fire call-boxes, fire hydrants, bus stops, bus benches, utility poles, telephones, parking meters, emergency facilities, building entrances, and driveways. The site map or drawing should also indicate the location of marked crosswalks and curb returns of unmarked crosswalks. If feasible, the applicant may submit photographs depicting such items;
C. A description of each proposed newsrack, including its dimensions and type;
D. The signature of the owner of the newsrack for which permits are sought; and
E. A written statement agreeing to hold harmless and indemnify the city for any newsrack(s) to be installed or maintained over any public right-of-way in accordance with Section 5.07.120.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.040 Application fee.
Each application for a newsrack permit shall be accompanied by a nonrefundable fee, the amount of which shall be established by resolution of the city council. The fee shall be used to offset the costs of administration and inspections services incurred by the department of public works in connection with the issuance of the application.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.050 Denial of permit.
A. The application for a newsrack permit shall be denied if the department of public works finds that the proposed newsrack tends to obstruct the flow of pedestrian or vehicular traffic along any public way, creates a hazard, unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property, or otherwise is detrimental to the public safety, welfare, or convenience.
B. The application for newsrack permit shall be denied if it is determined that the city intends to use said portion of the public right-of-way for a public purpose.
C. The application for newsrack permit may be denied for failure to comply with any of the requirements of this section.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.060 General placement.
Subject to the prohibitions set forth in Section 5.07.070 of this chapter, newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb must be placed parallel to and no closer than eighteen inches from the edge of the curb and no farther than twenty-four inches from the edge of the curb, measured from the curb edge to the nearest point on the newsrack. Newsracks placed adjacent to the wall of a building shall be placed parallel to and no closer than six inches from the wall and no farther than eighteen inches from the wall. The maximum number of newsracks in any location is six newsracks. With respect to any newsrack existing prior to the effective date of the ordinance codified in this chapter, the director of public works shall have the discretion to waive any requirement of this section or Section 5.07.070 provided that the placement of the existing newsrack does not tend to unreasonably obstruct or interfere with the flow of pedestrian or vehicular traffic along any public way, create a hazard, or is otherwise detrimental to the public safety, welfare or convenience.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.070 Prohibitions.
No newsrack shall be placed, installed, used, or maintained:
A. Within five feet of any marked crosswalk;
B. Within fifteen feet of the curb return of any unmarked crosswalk;
C. Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;
D. Within five feet of any driveway;
E. Within five feet in front of, and fifteen feet to the rear of, any sign designating a bus stop, measured parallel to the flow of traffic;
F. Within five feet of any bus bench;
G. At any location where the clear space for the passageway of pedestrians is reduced to less than six feet;
H. Within five feet of any sidewalk obstruction which shall include but not be limited to, traffic signals, street light poles, trees, sign posts, mail boxes, telephones and utility poles;
I. Within three feet of a curb painted yellow, white or blue; (Ord. 2160 § 1, 4-13-04)
J. On or within three feet of any area improved with lawn, ground cover, flowers, shrubs, or trees;
K. Within three feet of any display window of any building abutting the sidewalk or other public right-of-way, or in such a manner as to impede or interfere with the reasonable use of such window display purpose;
L. Facing another newsrack divided only by the width of a sidewalk or pedestrian walk;
M. Within one hundred 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 of public works, or his designee, that the demand for such publication within such one hundred feet requires an additional newsrack or newsracks. The total number of newsracks within such one hundred feet shall not exceed the maximum number of newsracks allowed by Section 5.07.060;
N. Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway;
O. Which obstructs the motoring public’s view of pedestrians or traffic and parking signage;
P. Which causes, creates or constitutes a traffic hazard.
(Ord. 2160 § 1, 4-13-04; Ord. 2065 § 1 (part), 9-12-00)
5.07.080 Installation and maintenance.
A. No newsrack shall exceed forty-eight inches in height, thirty inches in width, or two feet in depth.
B. Newsracks shall be bolted in place to the ground using mounts and materials consistent with industry standards, and shall be subject to the approval of the department of public works.
C. No more than three newsracks shall be mounted on any one modular unit.
D. Newsracks shall not be chained to one another; however, newsracks may be attached to one another ("group of newsracks") if such group of newsracks are attached to a stand, no more than three newsracks are joined together, and a space of not less than thirty-six inches shall separate each group of newsracks so attached.
E. Newsracks 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. It is free of rust and corrosion in the visible areas;
4. The clear plastic or glass parts thereof, if any, through which the publications are viewed, are unbroken and free of cracks, dents, and discoloration;
5. The paper or cardboard parts or inserts are free of tears, peeling or fading; and
6. The structural parts, including hoods, are not broken.
If a newsrack is not properly maintained in accordance with this section, notice will be given to the permittee to maintain or repair the newsrack within ten days of such notice. If the permittee falls to maintain or repair the newsrack after being notified, the city may elect to remove the newsrack in accordance with Section 5.07.130.
F. The name, address and telephone number of the permittee or responsible person who may be contacted at any time concerning the newsrack shall be displayed on the hood of the newsrack in such a manner as to be readily visible and readable to a prospective customer thereof.
G. No newsrack shall be used for advertising or publicity purposes other than for the display, sale or purchase of the publication sold therein. Newsracks shall carry no advertising except the name of the newspaper or periodical being dispensed on the bottom one-third of the hood.
H. Any newsrack that is found to be have graffiti shall be required to be cleaned within forty-eight hours of notification from the department of public works. If the permittee fails to remove the graffiti, and the city elects to remove such, the city shall be entitled to charge the permittee reasonable costs for removal of such graffiti.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.090 Display of certain matter prohibited.
No publication offered for sale from any newsrack placed, installed or maintained on any public sidewalk, street or parkway shall be displayed or exhibited in a manner which exposes to public view from the street or highway any of the following:
A. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statement or words have as their purpose or effect sexual arousal, gratification or affront;
B. 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;
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.
D. "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.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.100 Permit expiration date and renewals.
In accordance with the provisions of this code relating to business license regulations, each newsrack permit shall expire on the last day of the fiscal year (June 30th) from the date of issuance, if not revoked sooner by the director of public works, or his designee, unless said newsrack permit is renewed. Applications for renewals shall be made no later than two weeks prior to the expiration date, and shall be accompanied by a non-refundable renewal fee to be established by resolution. The director of public works has the discretion to accept late renewal filings upon a showing of reasonable cause for the late filing by the applicant. Renewal applications shall include current information on the location of all newsracks and shall be subject to applicant obtaining any other necessary city permitting requirements, such as a business license or business permit.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.110 Permit revocation and denial of renewals.
A. Any newsrack permit may be revoked or the renewal thereof denied by the director of public works for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application for the newsrack permit or renewal application, or for any reason which would have been grounds for the denial of the application.
B. Any newsrack permit may be revoked or the renewal thereof denied by the director of public works, or his designee. If the city intends to use said portion of the public right-of-way for a public purpose.
C. Any such permit shall be canceled and revoked if the permittee fails to install the newsrack within sixty days after the date of the issuance of the permit.
D. Any newsrack permit may be revoked or the renewal thereof denied by the director of public works, or his designee, if sixty percent of the property owners or persons in lawful control or having their places of business within two hundred feet of the location of such newsrack protest the same.
E. Prior to revocation or denial of renewal, the director of public works, or his designee, shall provide notice to the permittee of the proposed revocation or denial of renewal, whereby such notice shall state the grounds for revocation or denial of renewal; the date, time and place on which permittee shall be afforded a hearing on the matter, and that the newsrack shall be removed if it is found in violation. The director of public works, or his designee, shall determine at the hearing whether the newsrack violated this chapter, and if he so determines, his decision shall be final and the newsrack shall be removed or made to comply within five business days after the decision of the director of public works, or his designee, is mailed to the permittee or owner of newsrack, based upon the information affixed to the newsrack as required Section 5.07.070(G). If the permittee or owner does not appear at the hearing or his name and address is not affixed to the newsrack, the newsrack shall be removed without the necessity of notice of the determination being provided in this section.
F. In the event any newsrack is situated on a public right-of-way in such a manner so as to immediately jeopardize the health and safety of motorists or pedestrians, the newsrack can be immediately removed and stored, provided, that notice of such action is given thereafter to the permittee or owner of this newsrack, if such is known, before disposition thereof.
G. Upon revocation or denial of renewal, the newsracks must be removed within thirty days after notification by the director of public works.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.120 Indemnification and insurance.
As a condition of the issuance or renewal of a newsrack permit, the permittee shall agree in writing to defend, indemnify and hold harmless the city from and against any and all liability, expense, including attorneys fee, claims and causes of actions for damages of any nature whatsoever, including but not limited to, bodily injury, death, and/or property damage, arising from or connected with the issuance or renewal of the permit, the placing or maintenance of the newsrack on or projecting onto the highway, and/or any act or omission of the permittee or the permittee’s agent with respect to such newsrack. In addition, the permittee shall provide, along with each application for or renewal of a permit, evidence of liability insurance providing minimum coverage of one million dollars and naming as additional insured the city of South Gate and its officers and employees. Each permittee shall maintain the required insurance at all times during which the permittee places or maintains any newsrack within the city.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.130 Removal, storage and disposition after revocation or expiration of permit.
A. After the revocation or expiration of any newsrack permit, or in the event other grounds exist for removal of a newsrack, the public works department may remove and store the newsrack if the permittee fails to remove the same within thirty days after a notice to do so.
B. The permittee may recover the removed newsracks if within sixty days after the removal thereof, he or she pays the actual costs of such removal and storage. Sixty days after removal, the public works department may sell, destroy, or otherwise dispose of the newsracks at its discretion.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.140 Removal of nonconforming newsracks.
A. Commencing within one hundred eighty calendar days from the effective date of the ordinance codified in this chapter, any newsrack in violation of provisions of this chapter shall be deemed nonconforming. The city may attach a notice to correct to a nonconforming newsrack, that shall recite the nature of the violation. In addition to such notice, the director of public works, or his designee, shall make all reasonable efforts to notify the owners of the nonconforming newsracks of the violation, and inform him of his rights under this chapter. Within thirty working days after the notice is attached, the owner may cure the violation by bringing the newsracks into compliance with the provisions of this chapter.
B. If the violation is not corrected within the thirty-day limitation, the city may remove the nonconforming newsrack in accordance with removal provisions noted in Section 5.07.130.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.150 Abandonment.
A. In the event any newsrack installed pursuant to this chapter does not contain the publication specified in the application therefor, within a period of thirty days for daily or weekly periodicals or other periodical issued at some other time interval and within a period of sixty days for a monthly periodical after the release of the current issue, the director of public works, or his designee, may deem the newsrack abandoned and may thereafter remove the newsrack from the public right-of-way in accordance with Section 5.07.130.
B. In addition, a newsrack shall be deemed abandoned when no publication is in the newsrack for a period of more than thirty consecutive days for daily or weekly periodicals or other periodical issued at some other time interval, or sixty consecutive days for monthly periodicals. In the event a permittee of a newsrack desires to voluntarily abandon a newsrack location, the permittee shall completely remove and newsrack and mount, and restore the public right-of-way to a safe condition, leaving no holes or projection in the pavement.
(Ord. 2065 § 1 (part), 9-12-00)
5.07.160 Violation—Penalty.
Notwithstanding any provision within this code to the contrary, any person who violates any provision of this chapter shall be guilty of a misdemeanor and may be punished by a fine not exceeding five hundred dollars.
(Ord. 2065 § 1 (part), 9-12-00)