HomeMy WebLinkAbout01 REG OF NEWSRACKS 06-21-99 NO. 1
6-21-99
I n t e r- C o rn
DATE'
JUNE 21, 1999
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ORDINANCE NO. 121'8 - AMENDING PROVISIONS FOR REGULATION OF
NEWSR~CK$
Summary: The Comtnunity Developtnent Department is recomtnending amendments to
Tustht City Code Section 7212 pertaining to the regulation of newsracks. The amendntent will
provide a more efficient tneans of enforcement, shifting responsibility for enforcement of
newsracks from the Director of Public Works to the Director of Community Development and
Code Enforcement staff. The antendment will also allow newsracks to be approved at the
discretion of the Director of Community Development instead of the License attd Permit
Board.
RECOMMENDATION
That the City Council'
· Conduct a public hearing; and
· Introduce and have first reading of Ordinance No. 1218 and set for second reading
at the Council's July 6, 1999 meeting.
FISCAL IMPACT
This is a City initiated project. There are no fiscal impacts associated with this project.
Enforcement of this amendment will be handled by Community Development
Department Code Enforcement staff.
BACKGROUND AND DISCUSSION
Tustin City Code Section 7212 has specific criteria for the placement of newsracks on
public property. Currently, the Code specifies that prior to newsracks being placed on
public property, a permit shall be approved by the License and Permit Board and an
Encroachment Permit must be obtained from the Public Works Department. This
process ensures that newsracks do not interfere or obstruct traffic signs, signals,
hydrants, pedestrian traffic, or vehicular traffic. The review and approval process also
ensures that the newsracks are maintained in good condition and that pornographic
· publications or other harmful matter are not displayed in an inappropriate manner.
City Council Report
Ordinance No. 1218: Newsracks
June 21, 1999
Page 2
There are several unpermitted newsracks that have been placed within the public rights-
of-way. Vendors that install newsracks without City approvals may create safety
hazards and have not provided the required one million dollar liability insurance policy.
PROPOSED MODIFICATIONS
Code Amendment No. 1218 proposes to consolidate the approval and abatement
responsibilities under the auspices of the Director of Community Development. This Will
allow utilization of the notification and abatement processes already being used by
Code Enforcement staff to ensure safe newsrack installation. Code Enforcement
already has several mechanisms in place whiCh will allow for monitoring of newsracks,
including weekly City-wide sweeps, targeted windshield inspections, and a violation
letter process whereby private property owners are given notices for violating the
provisions of the Tustin City Code. The revised ordinance will streamline the approval
process by allowing the Community Development Director to approve newsrack
permits, eliminating the need to go before the License and Permit Board. The
ordinance also provides for the City to remove and destroy unpermitted newracks.
Section 7212 (c) (4) of the existing newsrack ordinance refers to a newsrack permit fee
established by resolution of the City Council. However, a newsrack permit fee is not
included among the City's list of adopted fees. Because changes to the City's fee
resolution will require a noticed public hearing, the Community Development
Department will be returning to the City Council with a resolution which will include a fee
for newsrack permits. Fees for newsrack permits will not be imposed until the fee
resolution is adopted and effective.
The City Attorney has reviewed and approved the proposed ordinance as to content
and form.
Elizabeth A. Binsack
Community Development Director
Rita Westfield ~'
Assistant Community Development
Director
Attachment A: Ordinance No. 1218
ORDINANCE NO. 1218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE PART 1 OF CHAPTER 2 OF ARTICLE 7
RELATED TO THE REGULATION OF NEWSRACKS
The City-Council of the City of Tustin does hereby ordain as follows:
Section 1
The City Council finds and determines:
Ao
That the amendment to Tustin City Code Section 7210 et. al. will transfer
the enforcement/compliance responsibility from the Director of Public
Works to the Director of Community Development, providing an efficient
method of enforcement for newsracks by ensuring regular monitoring, a
notification process and abatement of unpermitted newracks
B,
The proposed amendment would not have an adverse affect on the public
health, safety and welfare on residents or businesses of the City;
Co
Per section 15601 (b) (1) of the California Environmental Quality Act, this
amendment is considered a "non-project";
D,
The proposed amendment will transfer approval authority from the License
and Permit Board to the Director of Community Development, streamlining
the review and approval process for newsracks.
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:
cf ' Tu
~A-,,.,,.~ D,..~, cf ^~'""~"' Hig~' ....... ,~,,+,-,,. !r~?'~ -, ,-~,.' ..... ~'~"~' ;" :n +~'"
Thc ..... ¢ ......... , ~' ""~'~ ..................
7210 OBSTRUCTING STREETS, SIDEWALKS AND ALLEYS
It shall be unlawful for any person to place any obstruction of any kind in or upon
any public street, alley or sidewalk 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 ofthe 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 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 using ~sge
5f 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:
(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 ,-,cws 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 ~dja'~t property line "'~; .... * *~,.--.-*,- Parkway also
~:~...: ~iUJ~.~VVl I~ ~1 IVI
includes any area within a roadway which is not open to vehicular travel.
"Person" means any individual, company, corporation, association,
business or other legal entity.
"Public property" means parks, squares, plazas and any and all other real
property owned by the City.
"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.
"Roadway" means that portion of a street improved, designed or ordinarily
used for vehicular travel.
"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 is not limited to, roadways, parkways, alleys
and sidewalks.
Permits
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 obtainin ~ermit ~ from the,_,.,..,~ ~'' ...... ,.,...., ,.,'~ D,.....;*, ,..,,, ,,, ,....~,,~"""~.-
(2)
ApPlications for permits....~..,, - .... ~.-.,~.... .,¢~.,, *~,;,-., ,,., .....,.,.,,,-,-,-*;.-'-, shall be filed ~
, ;,,,,.,o,, ~.,,~ D,,.~,;+ ~,-.--,~ upon ted forms to be prescribed and
supplied by i~ The application
shall be signed by the applicant and shall state the folloWing:
-'"'~!: address A~Sii(~i~'~:~ ~'6~ of the applicant;
(a) The name .... ,
(b) The location(s) of the proposed installation or maintenance of the
newsrack(s);
(3)
(4)
(5)
(6)
(c) The time that said newsrack(s)is (are) proposed to be installed or
maintained;
(d) The nature, type and model of the newsrack(s) proposed to be
installed or maintained;
(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 or maintenance of the
newsrack(s);
(O '~h~t''th''e a~pli~ant U~d~'rst~ncls tE'~'t t'i~i~ ~ovai :bf ~ p~i:mi~ by'th'e
Dife~!6r is c°~diti°~ed 'bP°ri:the ~Ppliaa~t ~6tai~i:~g ~n:d m~intaining an
· E.~gi(0a ~hm e nt e e~mit.?ir~.m.'.ith e
.(g.)Any additional information which the Director may deem necessary for
the proper disposition of the application.
Not more than one (1) 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 permit, the applicant shall pay all fees provided
by resolution of the City Council.
In addition to the permit application, each .applicant shall aisc
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
oth e r p u b li ? pro p e rty!~ ~i;~'~; ~ i~ :"~6 ~'ii ~'~;{i'~'U 6"U ~':i~ ~ini'~':i~6
.~ir~i..gr'~"'~'~i~'~i~'"~"i'~'~'~"~"~'~"~'i'~'encing that a liability insurance
~ ....... ~ ........ has been issued, naming the City as an additional
named insured, and containing a provision that the policy c:n ~i'.'ij' not be
cancelled, coverage materially modified, or limits of liability reduced or
changed w thout not ce to the ..... P rector ............................... -* --,,
....................................... ~ ..... F,~,,z. gsurance
~s cancelled or materially modified w~thou~ nobce ........................
.............. u .... ~ ,~ ............ , [hepe~A~a!l~b~9~coBs~dered[~voked
and said newsrack(s) shall be pro~ ti removed ........................
vi ~1 i1~ vVV~lVl I,
Each 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",_,,,..,i ....... ,.... ,~, ,.,'~ ,D'---'~*..,,, ,,, ,~..,.,,:~""-'~.,
Difebt°r may prescribe a simplified application form and procedure for
renewals.
(7)
(8)
Each permit shall be issued only to the person making the application and
ma not be assigned to another person by thc pcr,,mi.ffc, c without first
~'~Si~i~'~]]t6~~ ~'~6~ent: Permi~:a~d prowd~ng wn~en nobce to the ~
~Di~e~t~:~'::~'"~'~'~'~'~:~':as'~ig"~'~'~'"~'~ forms prescribed by the
~~,Qit~~.~!~pm:e~nt De p~e~ .......................... If any
permittee assigns .... the permit to another, without compliance with the
aforesaid ~ requirementS, ~he permit will be deemed revoked as of
~he time of the ~ assignmenL
Upon a finding ~i~]! the applicant is in compliance with the provisions of
this section, the~,-,.,.., ~'' ...... .~.. ,~, ,..~ ,~.--~,~*..,,, ,,. ,......,~',--.-~._ shall issue a newsrack
permit a~ locations
approved by the ~ ;,.,.,.,.....,.,,4 ~..,.,..,~, ~.....,4 If a permit is denied
],--l~.,dtVl I't,.,~'~,,.,~ I.,411'~,1 I q,,.~llllll, i.,,/'~r,,.~.,41'~,..~.e
shall be notified in writin'q.°fthe.¢specific].. '":" '" ].""" .oau-cf such denial
the, ka,,pplicant
by .... Liconsc and Pcrmit Bc3rd and §'~i~i!
,~-,, ~;,-~,* *~, ..... ~ 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 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 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.
(c)
(d)
(e)
(0
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 ~'n'i'~§S ~ifi~'~li~/~'~~'~/e'~ ~l~y~th~ PUbl"ic
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 of two (2) to six (6) newsracks allowed under this
subsection (d).
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.
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 reduce¢ to less than six (6) feet.
8. Within three (3) feet of any area improved with lawn, flowers,
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.
(4)
Every person who places or maintains a newsrack on the streets of the
City of Tustin shall have h~'' ~' .... ~*'" name, address, a'nd
telephone number affixed thereto 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 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
(b)
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 ~:..'~i:.S._~.t'.i:.~ii6gi[i~.~ 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.
Removal
(1)
(1)
In the event that the Director ef D, ,RI;,-, ~^l,-,~-b~, iCA~,~, ,'~;A' I'~A~AIA"~'""~','~,
determines that a newsrack does not comply with the provisions of this
seotion, he or she shall ~.~'~:~,~D'~:~~ to provide wri~en notioe of
such determination to the permittee or owner. The notice shall speci~ the
nature of the violation, the location of the newsrack which is in violation,
the intent of the Director ~ Public Works
rcmcvs ~rmit
nonconforming ......... ";" +~ ..... +"
the .........................
ho3ring is not rcqucstcd, and ~f~...: the right of the permi~ee to request
~i{i'~; a hearing before the License 3nd Pcrmit Bccrd ~r*~ within
fifteen (15) days from the date of the notice. If the newsrack is one which
has not been authorized by the Liccnsc""a ~"~+ o~""a '~ 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 ~
, ~- l~,~v i
Per,mit Board ~D. ir~c.~r shall render a decision, in writing, within ten (10)
days from the date of the hearing, and the decision shall advise the
. permi~ee 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 permi~ee 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 '-¢ o, ,k,;,. ~^¢...~... r-..~,~, ,,-,,,.,. r~..,,.-~,-,~-,.,-~,
possession of a newsrack and, upon +~' .... ;-'-+;",,- ,',¢ +~,;,+,, f-~n~ ,~ ....
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(2!); or
(b) The appeal period specified in section f has expired; 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 '-~: Pu~'';'- Works shall inspect any
,,.~, ~.,, ,,,., .,..., ~,,. .
newsrack ~a;~ i~iiii~ii'i~"gi~ij~l~ reins'~'~if~'8 after removal pursuant to this section
~. The permittee of the newsrack shall be charged a fee for this
reinspection as established by resolution of the City Council.
(5)
In the event that any newsrack is abandoned, the Director cf Public Works
may ~a'8'se:~t tobe remove8 i~ pursuant to the
procedures set out in this section b. For the purposes of this section, the
term abandon~,¢,mcnt shall mea~no publication has been displayed in
the newsrack for a period of fi~een (15) consecutive days~ ~:'.~8 no prior
wri~en notice has been given by the permi~ee to the Director ~
~*~"'~" speci~ing 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,_,....,' ~ ....... ,.... ,~, ,,.'4 ,D"'""~*..,,, ,,. ,-.,.,..,:~"""~,.,,~:i~'~t0r~:~.~..~.~, ~ may appeal that
decision by 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 fr~.,, ~,~,, ~-~. r-,..~ ~,. Ir~Ar ~ 21 ~m
· ~..~l~J. II1,.J. ~k.~..;~,.,;, ~,./I~.A. Ilt,~. ~/~,v~! I,~ ~.~.,f/
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