Chapter 5.104
NEWSRACKS
Sections:
Article I. General Provisions
5.104.010 Findings and declarations.
5.104.020 Registration required.
5.104.030 Provisions supersede encroachment regulations.
5.104.040 Registration form—Required.
5.104.050 Registration—No fee.
5.104.060 Registration form—Contents.
5.104.070 Registration—Insurance and indemnification.
5.104.080 Registration—Term.
Article II. Location and Type of Permissible Newsracks
5.104.090 Identification.
5.104.100 Location and placement.
5.104.110 Permissible types.
5.104.120 Attaching newsracks to other property.
5.104.130 Maintenance.
5.104.140 Correction or impoundment.
5.104.150 Hearings on impoundment.
5.104.160 Return of impounded newsracks.
5.104.170 Disposal of impounded newsracks.
Article I. General Provisions
5.104.010 Findings and declarations.
The City Council of the city of Dublin does hereby find and declare:
A. There is a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, rights-of-way, and other public property without interference with such use.
B. Public streets, sidewalks and rights-of-way are public forums and their reasonable use in sale, distribution and circulation of newspapers is a constitutionally protected right.
C. Newspaper vending within the public rights-of-way and other public property can be accomplished without unreasonably interfering with the normal and reasonable use of these areas by the public.
D. The public health, safety, welfare and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of the public streets and grounds be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from properties adjoining the public rights-of-way be protected.
E. The regulation of the sale or free distribution of newspapers and other publications dispensed in newsracks as set forth in this chapter provides the least intrusive and burdensome means for ensuring the
purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the City. (Ord. 9-90 § 1)
5.104.020 Registration required.
Any person placing or maintaining any newspaper vending device which dispenses newspapers and/or other publications (hereinafter “newsrack”) on or projecting into any public street which includes but is not limited to, any highway, alley, sidewalk, park, parkway mall, parking lot, plaza or other public property or right-of-way, shall register such newsrack(s) with the City Engineer, or his designee, within twenty-four (24) hours of such placement. (Ord. 9-90 § 2)
5.104.030 Provisions supersede encroachment regulations.
The provisions of this chapter shall supersede the provisions of Chapter 7.04 relating to encroachments, except to the extent specifically incorporated or referenced herein. (Ord. 9-90 § 3)
5.104.040 Registration form—Required.
Registration of a newsrack shall be made with the City Engineer on prescribed forms containing the information required by Sections 5.104.060 and 5.104.070. One registration form may be filed for any number of newsracks placed on the streets in accordance with the provisions of this chapter. (Ord. 9-90 § 4)
5.104.050 Registration—No fee.
No fee or bond shall be required for the registration of a newsrack. (Ord. 9-90 § 5)
5.104.060 Registration form—Contents.
The newsrack registration form shall state the name, address and telephone number of those responsible for installation, use and maintenance of the newsrack(s) subject to the registration. (Ord. 9-90 § 6)
5.104.070 Registration—Insurance and indemnification.
As a part of a registration under this Article, the registering party or newsrack owner (hereinafter “owner”) shall furnish to the City a certificate showing that such person has then in force public liability and property damage insurance, naming the City as an additional insured, in an amount not less than one million dollars ($1,000,000). The newsrack owner shall provide and keep in force that policy of public liability insurance during such time as it continues to locate any newsrack under the terms of this chapter. The evidence of insurance filed with the City shall include a statement by the insurance carrier that thirty (30) days unconditional notice will be given to the City before any cancellation. If an owner presents credible evidence demonstrating an inability to comply in good faith with any of the foregoing insurance requirements, the City Manager or his designee shall waive the subject insurance requirement(s).
In addition, the application shall contain a provision wherein every person operating or maintaining a newsrack upon the streets of this City shall agree to indemnify and hold harmless the city, its officers and employees, from any loss, liability, damage, or cost sustained by any person or property, to the extent any such loss, liability, damage or cost arises from the installation, operation, or use of such newsrack; provided, however, that such obligation to indemnify and hold harmless the City, its officers and employees shall not extend to any loss, liability, damage or cost resulting from the acts, failure to act, or property of a person other than the owner. (Ord. 9-90 § 7)
5.104.080 Registration—Term.
The registration completed pursuant to this chapter shall remain in effect until all newsracks are abandoned or impounded. (Ord. 9-90 § 8)
Article II. Location and Type of Permissible Newsracks
5.104.090 Identification.
Every newsrack owner shall permanently affix to each newsrack the owner’s name, address and phone number as required by Business and Professions Code Section 17570. (Ord. 9-90 § 9)
5.104.100 Location and placement.
No newsracks shall be installed, used, or maintained in any location upon public property, within rights-of-way, or within public easements adjacent to streets where such installation, use, or maintenance endangers the safety of persons or property, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicycle, wheelchair, 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 traffic signs or signals, hydrants, or mail boxes. Without limitation of the foregoing, the following specific standards apply:
A. When a sidewalk is contiguous to a street curb, newsracks shall be placed on the back of the sidewalk away from the curb so that the back edge of the newsrack is no farther than six (6) inches from the back edge of the sidewalk.
B. When a sidewalk is separated from a street by a planter strip, newsracks may be placed on either side of the sidewalk so that the back edge of the newsrack is no farther than six (6) inches from either edge of the sidewalk, or with the permission of the City Engineer, in the planter strip; newsracks may not be placed within twenty-four (24) inches of the face of curb.
C. When a newsrack is placed adjacent to the wall of any building, the newsrack shall be placed with its long axis parallel to the building and with the back edge of the newsrack at least six (6) inches away but no more than twelve (12) inches away from the building.
D. Clear space for pedestrian/bicycle passage shall be maintained as follows:
1. On bicycle-pedestrian paths, at least eight (8) feet clear space, provided no newsrack shall be placed on the paved portion of such path;
2. On sidewalks of eight (8) feet or less in width, at least three (3) feet clear space.
E. No newsrack shall be installed, used, or maintained within the following distances, measured parallel to the street unless otherwise indicated, from the following:
1. Within three (3) feet of any marked crosswalk;
2. Within the area adjacent to the curb return of any intersection with unmarked crosswalks;
3. Within a five (5) foot radius of any fire hydrant, traffic controller box, or other emergency facility;
4. Within three (3) feet of any driveway, entrance to a building, or sidewalk leading to the entrance of a building;
5. In front of, or so situated so as to impede access to or from, any bus bench or shelter or access to or from public transit;
6. Within three (3) feet of any no parking or stopping zone, unless the newsrack is located on the side of the sidewalk farthest from the street;
7. Within the limits of a handicap ramp; and
8. Within any area found to be a safety problem by the City Engineer in accordance with the standards established by this Section.
The City Engineer may require a newsrack owner to move a newsrack if the City Engineer determines that the placement of the newsrack does not meet the criteria of this section. (Ord. 9-90 § 10)
5.104.110 Permissible types.
A. Multi-unit Configurations. Newsracks in a multi-unit configuration standard in trade use permanently affixed to the ground in a manner conforming to a standard detail for permanent installation of newsracks as established by the City Engineer shall be permitted as follows:
1. Central Business District. In recognition of the business oriented aspects of the area bounded by San Ramon Road, Amador Valley Boulevard, Village Parkway and Dublin Boulevard, and along Dublin Boulevard between Hansen Drive and Dougherty Road, which in this Article shall be designated the Central Business District (CBD), where four or more newsracks are or would be placed immediately adjacent to each other within the CBD, multi-unit configuration shall be used.
2. Areas Outside the CBD. Multi-unit configurations shall also be permitted in areas outside the CBD.
B. Single-unit Configurations. Any single newsrack of standard design commonly in trade use may be either movable or permanently affixed to the ground in the following circumstances:
1. In any location in the CBD where use of a multi-unit configuration is not practical or is not required by subsection (A)(1) above;
2. In any location outside the CBD. (Ord. 9-90 § 11)
5.104.120 Attaching newsracks to other property.
A newsrack shall not be chained, bolted, or otherwise attached to public property or any property not owned by the owner of the newsrack without the consent of the owner of the property. Newsracks shall not be chained, bolted, or otherwise attached to any shrub, tree, tree stake, or other plant nor situated upon any landscaped area, unless approved by the City Engineer. (Ord. 9-90 § 12)
5.104.130 Maintenance.
Each newsrack shall be maintained in a neat, graffiti-free clean condition and in good repair at all times and shall be painted on a regular basis. Newsracks that are damaged or defective shall be replaced or repaired as soon as is practical, unless the owner wishes to abandon the location, in which event the owner shall promptly remove its newsrack. When use of any newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, normal wear and tear excepted. A newsrack which is unused for six months shall be presumed to be permanently discontinued. No newsrack shall be used for advertising signs or publicity purposes other than the one concerned with the display, sale, or distribution of the newspaper distributed from it. (Ord. 9-90 § 13)
5.104.140 Correction or impoundment.
The City Engineer may:
A. Immediately correct any violation of Section 5.104.100 or 5.104.130 and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without substantial public expense;
B. Immediately remove and impound any newsrack in violation of this chapter if the violation is creating a dangerous or hazardous condition which cannot be corrected under subparagraph (A) above. Notice of such action and the right to request a hearing shall be mailed to the owner within two working days after such action;
C. Notify the owner maintaining a newsrack found in violation of this chapter, by mail, that unless the violation is corrected or a hearing requested, within seven working days of the date of the notice, that the newsrack will be impounded; or
D. Impound any newsrack in accordance with the decision of any hearing requested pursuant to this chapter. (Ord. 9-90 § 14)
5.104.150 Hearings on impoundment.
A. Any owner aggrieved by a decision under Section 5.104.140 (B) or (C) may request a hearing before the City Manager at any time within seven (7) working days of the date of notice under Section 5.104.140 (B) or (C).
B. A hearing shall be held, within seven working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the newsrack should not be impounded or should be returned without payment of an impound fee.
C. The City Manager shall render a written decision within five working days’ after the close of the hearing. The decision of the City Manager shall be final. (Ord. 9-90 § 15)
5.104.160 Return of impounded newsracks.
The owner may, at any time up to and including the thirtieth (30th) day after the impounding, and if a hearing is held concerning the newsrack at any time up to and including the thirtieth (30th) day after the written decision, obtain a return of the newsrack and its contents, upon paying an impound fee of twenty-five dollars ($25) plus the reasonable additional cost, if any, of impounding the newsrack in excess of twenty-five dollars ($25), unless such fee is waived. (Ord. 9-90 § 16)
5.104.170 Disposal of impounded newsracks.
If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this chapter, the City Engineer may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the City’s general fund. (Ord. 9-90 § 17)