HomeMy WebLinkAbout14 REG'S NEWSRACKS 07-06-99 7-6-99
DATE' JULY 6, 1999
TO:
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1218, REGULATION OF NEWSRACKS
SUMMARY: Proposed Ordinance No. 1218 amends the Tustin City Code to shift
responsibility for enforcement of newsracks from the Director of Public Works to
the Director of Community Development and Code Enforcement staff, and allows
newsracks to be approved at the discretion of the Director of Community
Development instead of the License and Permit Board.
RECOMMENDATION'
Have second reading by title only and adoption of Ordinance No. 1218 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1218 had first reading and introduction at the June
21, 1999 City Council meeting:
ORDINANCE NO. 1218- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE PART I OF CHAPTER
2 OF ARTICLE 7 RELATED TO THE REGULATION OF NEWSRACKS
Valerie Crabill
Chief Deputy City Clerk
I:MEMOORD
ORDINANCE NO. 1218
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AN AMENDMENT TO THE TUSTIN CITY CODE,
PART I OF CHAPTER 2 OF ARTICLE 7 AMENDING REGULATION OF
NEWSRACKS
The City Council of the City of Tustin does hereby ordain as follows:
Section I
The City Council finds and determines'
Ao
That the amendment to Tustin City Code Section 7210 et. al. will
provide an efficient method of enforcement for unpermitted
newsracks and will streamline the review and approval process for
newsracks.
Bo
The proposed amendment would not have an adverse affect on the
public health, safety and welfare on residents or businesses of the
City;
C.
Per Section 15601 (b) (1) of California Environmental Quality Act,
this amendment is considered a "nonproject";
D,
The proposed amendment will transfer approval and enforcement
authority to the Community Development Department.
Section II. Part 1 of Chapter 2 (Streets and Highways) of Article 7 (Public
Facilities) of the Tustin City Code is hereby amended to read as follows'
7210 OBSTRUCTING STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC
PROPERTY
It shall be unlawful for any person to place any obstruction of any kind in or
upon any public street, alley, sidewalk or other public property in the City or to
authorize, procure or permit any obstruction to be placed therein or thereon,
except as may be required by employees or officials of the City in the proper
discharge of their duties. (Ord. No. 9, Sec. 13)
7211 REGULATION OF NEWSRACKS
a Purpose
The purpose of this section is to establish a comprehensive set of
regulations applicable to newsracks on the public streets, sidewalks and other
public property. The purpose of this section is to advance and improve safety and
aesthetics by controlling the number, size, construction, placement and
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Ordinance No. 12_, o
Page 2
appearance of newsracks without restricting the free dispersal of information
guaranteed by the Constitutions of the United States and the State of California.
More specifically, the purpose of this section is to promote the public peace,
morals, health, safety and general welfare by regulating the placement,
appearance, servicing and insuring of newsracks so as to protect against the
dangers of impairing or distracting the vision of motorists and pedestrians; the
hazards of unreasonably interfering with or impeding the flow of pedestrian or
vehicular traffic, including ingress 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; unreasonably interfering with the use of public property for its
intended purpose; unduly restricting access to the use of poles, posts, traffic signs
or signals, hydrants, mailboxes or locations used for transportation purposes;
unsightly structures consistent with the .intent and purpose of the City's design
regulations; neglectful servicing of newsracks resulting in visual blight on public
rights-of-way and other public property and detracting from the aesthetics of store
window displays, adjacent landscaping and other improvements; reduction in value
of surrounding property; unnecessary exposure of the City to personal injury and
property damage claims and lawsuits; and public displays of harmful or offensive
matters.
The City Council finds and determines that the strong and competing
interests of the public and of newspapers require a reasonable accommodation
which can only be satisfactorily achieved through the means of this section which
is designed to accommodate such interests by regulating the time, place and
manner of usage of newsracks. It is not the intent of this section to in any way
discriminate against, regulate or interfere with the publication, circulation,.
distribution or dissemination of any newspapers.
b Definitions
For the purpose of this section, the words set out in this subsection shall
have the following meanings:
(1) "Director" means the Director of Community Development or his/her
assigned agents.
(2) "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.
(3) "Parkway" means 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 adjacent property line. Parkway also includes any area within a
roadway which is not open to vehicular travel.
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Ordinance No. lz ~8
Page 3
(4) "Person" means any individual, company, corporation, association,
business or other legal entity.
(5) "Public property" means parks, squares, plazas and any and all other
real property owned by the City.
(6) "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 street, highway, alley, pedestrian walkway, storm drainage,
bicycle path or other purposes.
(7) "Roadway" means that portion of a street improved, designed or
ordinarily used for vehicular travel.
(8) "Sidewalk" means any surface provided for the exclusive use of
pedestrians.
(9) "Street" means all that area dedicated to public use for public street
purposes and includes, but is not limited to, roadways, parkways, alleys and
sidewalks.
c Permits
(1)
No person shall install 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 newsrack permit from the Director.
An application for an amended newsrack permit shall be file¢ and
approved prior to relocation of or replacement of a newsrack or
deviation from any conditions of approval. Applicants may not,
however, apply for newsrack permits to deviate from provisions of
this Chapter 2.
(2)
Applications for newsrack permits shall be filed upon printed forms to
be prescribed and supplied by the Community Development
Department. The application shall be signed by the applicant and
shall state the following:
(a) The name, address and telephone number of the applicant;
(b) The location(s) of the proposed installation of the newsrack(s);
(c) The time that said newsrack(s)is (are) proposed to be installed;
(d) The nature, type and model of the newsrack(s) proposed to be
installed;
(e) 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 of the
newsrack(s);
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Ordinance No. 12 I~
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(3)
(4)
(5)
(6)
(6)
(7)
(f) That the applicant understands that the approval of the permit by
the Director is conditioned upon the applicant subsequently
obtaining and maintaining an Encroachment Permit from the
Public Works Department.
(g) Any additional information which the Director may deem
necessary for the proper disposition of the application.
Not more than one (1) newsrack permit shall be required for each
applicant regardless of the number of newsracks proposed to be
installed or maintained.
Prior to the issuance of a newsrack permit, the applicant shall pay all
fees provided by resolution of the City Council.
In addition to the newsrack permit application, each applicant shall
also obtain and maintain an encroachment permit from the Public
Works Department, and as a condition thereof shall agree to hold the
City, its officers, employees and agents free and harmless from any
claim, demand or judgment in favor of any person, arising out of the
location of any newsrack located upon, in or over a public right-of-
way or other public property.
The permittee shall continuously maintain insurance for the duration
of the encroachment permit and shall deposit with the Director a
certificate of insurance evidencing that a liability insurance policy in
the amount of $1,000,000 (one million dollars) has been issued,
naming the City as an additional named insured, and contair~ing a
provision that the policy will not be cancelled, coverage materially
modified, or limits of liability reduced or changed without notice of
such to the Director. If such insurance is cancelled or materially
modified without such notice, the permit shall be considered revoked
and said newsrack(s) shall be promptly removed.
Except as provided herein, each newsrack permit shall be valid for a
period of five (5) years and may be renewed in the same manner set
forth in this section for original applications, provided however, that
the Director may prescribe a simplified application form and
procedure for renewals. A newsrack permit shall be null and void
upon revocation of the newsrack permit or revocation of the
encroachment permit.
Each newsrack permit shall be issued only to the person making the
application and may not be assigned to another person without first
providing written notice to the Director of the proposed assignment
on forms prescribed by the Community Development Department. If
any permittee assigns his newsrack permit to another, without
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Ordinance No. 1,_, d
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compliance with the aforesaid requirements, the permit will be
deemed revoked as of the time of the assignment.
(8)
Upon a finding that the applicant is in compliance with the provisions
of this section, the Director shall issue a newsrack permit with
whatever conditions he/she deems reasonable for approved
locations. If a permit is denied, the applicant shall be notified in
writing of the specific cause of such denial by the Director and shall
be informed of his or her right to appeal in accordance with
subsection f of this section.
Regulations
(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 sidewalk or parkway,, when such
installation, use or maintenance endangers the safety of persons or
property, or when such site or location is used for public utility
purposes, public transportation purposes or other government or
public use, or when such newsrack unreasonably 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, or when such newsrack interferes with the cleaning of any
sidewalk.
(3)
Any newsrack which in whole or in part rests upon, in or over any
sidewalk or parkway or other public property shall comply with the
following standards:
(a)
(b)
Newsracks shall not exceed five (5) feet in height, thirty (30)
inches in width, or two (2) feet in depth.
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 (18) inches nor more than twenty-
four (24) inches 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 (6)inches from the wall. No newsrack
shall be placed or maintained on a sidewalk or parkway opposite
a newsstand, or another newsrack.
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Ordinance No. 12'~ d
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(4)
(c) No newsracks shall be chained, bolted or otherwise attached to
any property not owned by the owner of the newsrack or to any
permanently fixed object unless specifically approved by the
Public Works Department in conjunction with the encroachment
permit.
(d) Newsracks may be chained or otherwise attached to one
another; however, no more than six (6) newsracks may be joined
together in this manner, and a space of no less than eighteen
(18) inches shall separate each group oftwo (2) to six (6)
newsracks allowed under this subsection (d).
(e) No newsrack, or group of attached newsracks allowed under
paragraph (d) hereof, shall weigh, in the aggregate, in excess of
one hundred twenty-five (125) pounds when empty.
(f) No newsrack shall be placed, installed, used or maintained:
1. Within three (3) 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 call box, police
call box or other emergency facility.
4. Within three (3) feet of any driveway.
5. Within three (3) feet ahead of or fifteen (15) feet to the rear of
any sign marking a designated bus stop.
6. Within three (3) feet of any bus bench.
7. At any location whereby the clear space for the passageway
of pedestrians is reduced to less than six (6) feet.
8. Within three (3) feet of any area improved with lawn, tlowers,
shrubs or trees or within three (3) feet 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.
(g) No newsrack shall be used for advertising signs or publicity
purposes other than that dealing with the display, sale or
purchase of the newspaper or news periodical sold therein.
(h) Each newsrack shall be maintained in a clean and neat condition
and in good repair at all times.
Every person who places or maintains a newsrack on public property
in the City of Tustin shall have the owner's name, address, and
telephone number affixed upon the fixture in a place where such
information may be easily seen.
(a) No person shall knowingly exhibit, display, or cause to be
displayed, harmful matter as such term is defined in Section 313,
Chapter 7.6, Title 9, Park 1, of the Penal Code of California, in
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Ordinance No. 1;'18
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e Removal
(b)
(1)
any newsrack located on a public sidewalk or public place from
which minors are not excluded, unless blinder racks have been
installed so that the lower two-thirds of the matter is not exposed
to public view. For the purposes of this section, the term "blinder
rack" shall mean opaque material placed in front of, or inside, the
newsrack and which prevents exposure to public view.
Any publication offered for sale or distribution in a newsrack
placed or maintained on a public sidewalk or public right-of-way
shall not be displayed or exhibited in a manner which exposes to
public view, from any public place, any of the following:
1. Any statement or word describing explicit sexual acts, sexual
organs or excrement where such statements or words have
as their purpose or effect, sexual arousal, gratification or
affront; or
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; or
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.
For the purpose of this subsection the term "explicit sexual
acts" means the depiction of sexual intercourse, oral
copulation, anal intercourse, oral-anal copulations, bestiality,
sadism, masochism, or excretory functions in conjunction with
sexual activity, masturbation or lewd exhibition of the genitals,
'whether any of the above is depicted or described as being
performed alone or between members of the same or
opposite sex, or between humans and animals, or other act of
sexual arousal involving any physical contact with a person's
genitals, pubic region, pubic hair, perineum, anus or anal
region.
In the event that the Director determines that a newsrack does not
comply with the provisions of this section, he or she shall use
reasonable efforts to provide written notice of such determination to
the permittee or owner. The notice shall specify the nature of the
violation, the location of the newsrack which is in violation, the intent
of the Director to (a) remove the newsrack if it has no permit or (b) to
revoke the permit and cause the removal of the nonconforming
newsrack, and of the right of the permittee to request, in writing, a
hearing before the Director within fifteen (15) days from the date of
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Ordinance No. 12'~ d
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the notice. If the newsrack is one which has not been authorized by
the Director and ownership is not known, nor apparent after
inspection, a notice complying with this section shall be affixed to the
newsrack.
(2)
In the event that a hearing is held pursuant to this section, the
Director shall render a decision, in writing, within ten (10) days from
the date of the hearing, and the decision shall advise the permittee
or owner of his or her right to appeal to the City Council, pursuant to
the provisions of subsection f. Notice of the decision shall be mailed
to the permittee or owner and shall be considered effective on the
date mailed provided that the notice is properly addressed and
placed in the U.S. Mail with first class postage prepaid.
(3)
The Director may take possession of a newsrack in violation of this
section and dispose of the newsrack as required by law, if:
(a) No hearing is requested by the permittee or owner within fifteen
(15) days as provided in subsection e(1 ); or
(b) The appeal period specified in section f has expired and no
appeal has been taken; or
(c) In the event that an owner or permittee fails to remove the rack
within ten (10) days from the date of the decision of the City
Council that the newsrack is not in compliance with the rules,
regulations and standards established by this section.
(4)
The Director shall inspect any newsrack that is illegally reinstalled
after removal pursuant to this section e. The permittee of the
newsrack shall be charged a fee representing the City's costs of
abatement, including all administrative, inspection, and removal
costs associated therewith.
(5)
In the event that any newsrack is abandoned, the Director may
cause it to be removed pursuant to the procedures set out in this
section e. For the purposes of this section, the term '-'abandoned"
shall mean no publication has been displayed in the newsrack for a
period of fifteen (15) consecutive days and no prior written notice has
been given by the permittee to the Director specifying the reason(s)
for nonuse, and the condition of the rack and related circumstances
indicate it will not be actively used within a reasonable period of time.
f. Appeals
The City Council shall have the power to hear and decide appeals based
upon the enforcement of the provisions of this section. Any permittee or owner
who is aggrieved by any decision of the Director may appeal that decision by
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Ordinance No. '~,_, d
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submitting a written notice of appeal to the City Clerk within twenty-one (21) days
of the date on which notice of the decision was mailed. The City Council may
preside over the hearing on appeal or may designate a hearing officer to take
evidence and submit a proposed decision together with findings, within fifteen (15)
days from the date of the hearing. The City Council shall, within thirty (30) days
from the date of the hearing, render its decision on the appeal, together with
findings. The decision of the City Council shall be final.
Section III
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council of the City of Tustin
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the day of ,1999.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk