Chapter 12.20
NEWSRACKS
Sections:
12.20.010 Purpose and intent.
12.20.020 Definitions.
12.20.030 Newsracks regulated on roadways and sidewalks.
12.20.040 Permit required.
12.20.050 Standards for the installation, maintenance and operation of newsracks.
12.20.060 Newsrack violations.
12.20.070 Hearing procedure.
12.20.080 Notices.
12.20.090 Applicability.
12.20.100 Abandoned newsracks.
12.20.110 Enforcement authority.
12.20.010 Purpose and intent.
A. Findings. The council of the city finds and declares that:
1. The uncontrolled placement and maintenance of newsracks in the public right-of-way can constitute a threat to public health, safety and welfare by interfering with and obstructing the use of the public right of way and by offending community aesthetic sensibilities.
2. The council recognizes, however, that the use of such rights-of-way is so historically associated with the sale and distribution of newspapers and news periodicals that access to those areas for such purposes should not be absolutely denied. The council further finds that these strong and competing interests require a reasonable accommodation which can only be satisfactorily achieved through the means of this chapter which is designed to accommodate such interests by regulating the time, place and manner of using such newsracks.
B. Purpose. The purpose of this chapter is to promote the public health, safety and welfare through the regulation of placement, appearance, number, size and servicing of newsracks on the public rights of way so as to:
1. Protect the right to distribute information, protected by the United States and California constitutions, through the use of newsracks;
2. Provide for pedestrian and driving safety and convenience;
3. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any place of business or from the street to the sidewalk;
4. Provide reasonable access for the use and maintenance of sidewalks, poles, posts, traffic signs and signals, hydrants, mailboxes and similar appurtenances, and access to locations used for public transportation purposes;
5. Reduce visual blight on the public rights of way, encourage well-designed and aesthetically compatible newsracks and protect the aesthetics and value of surrounding properties;
6. Reduce exposure of the city to personal injury or property damage claims and litigation.
C. Preservation of Constitutional Rights. It is not the intent of this chapter to in any way discriminate against, regulate or interfere with the publication, circulation, distribution or dissemination of any printed material that is constitutionally protected. (Prior code § 13.52)
12.20.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates:
“City manager” means the city manager or the designee of the city manager.
“Double-slotted newsracks” means single newsracks containing separate provisions for two tabloid style (vertically formatted) publications, where each side has separate coin slots or merchandise receptacles or places where the publications are dispersed. A double-slotted newsrack shall be considered one newsrack for purposes of this chapter.
“Historic district” means Main Street between Spring Street and Pine Street, and any public street or alley located within fifty (50) feet of such portion of Main Street.
“Modular newsracks” means an attached group of two or more newsracks supported by a single pedestal.
“Newsrack” means any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale or free distribution of newspapers, news periodicals, commercial handbills or other publications.
“Person” means any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture. (Prior code § 13.53)
12.20.030 Newsracks regulated on roadways and sidewalks.
A. Roadway Prohibition. No person shall install, use, or maintain any newsrack which projects onto, into, or over, or which rests, wholly or in part, upon any part of the roadway of any public street.
B. Sidewalk Restrictions. No person shall install, use, or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway in any manner inconsistent with or in violation of the provisions of this chapter. (Prior code § 13.54)
12.20.040 Permit required.
A. No person shall install or maintain any newsrack which in whole or in part rests upon, in, or over any public sidewalk or parkway without first obtaining an encroachment permit from the city manager.
B. The application for permit shall be filed with the city clerk upon a form provided by such clerk for that purpose and shall include the following information:
1. The name, address, and telephone number of the applicant;
2. The address and telephone number of a responsible person whom the city may notify or contact at any reasonable time concerning the applicant’s newsracks;
3. The number of newsracks and names of publications to be contained in each newsrack, including any existing newsracks;
4. Type or brand of newsrack, including description of the newsrack and supporting or enclosing structure;
5. Site plan showing exact location of each newsrack and supporting or enclosing structure and sufficient information to determine that the location complies with Section 12.20.050;
6. Such application shall also contain a statement that the applicant will, in consideration of being issued a permit for the use of space, be responsible for any damage or repairs caused by the removal or installation of any newsrack and agree to indemnify and hold harmless the city, its officers and employees from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of the applicant’s newsrack within the city.
C. A permit shall be issued within ten (10) days if the type of newsrack and location(s) proposed meet the standards set forth in this chapter. If a permit is disapproved, in whole or in part, the city manager shall immediately notify the applicant in writing, explaining the reasons for denial. The applicant shall have ten (10) calendar days within which to appeal the decision to the city council in accordance with the appeals provisions of this code.
D. In determining which newsracks shall be permitted to be located or to remain if already in place, the city manager shall be guided solely by the following criteria:
1. All publications in place on November 26, 1996, in the historic district shall be permitted to remain at the locations agreed upon among the affected vendors on July 17, 1997, provided the newsracks conform to the requirements of this chapter.
2. Any publications other than those allowed under subsection (D)(1) of this section shall be issued permits on a first-come, first-serve basis, based upon the filing date of a complete application commencing August 13, 1997.
3. If a permit cannot be issued because there are no available newsracks at the desired locations, the application, upon request, shall be placed on a waiting list. If the requested location becomes available, the applicant will be notified according to its placement on the waiting list and a permit shall be issued provided that the newsrack complies with the provisions of this chapter.
E. A permit is issued to the owner of the newsrack and the owner may place its own publications in the newsrack so long as the permit is valid. Nothing contained herein shall prohibit a permittee from sharing a double-slotted newsrack with another permittee, provided the new permittee is taken from the waiting list, if any, established by subsection (D)(3) of this section; if there is no waiting list, the permittee may share with another permittee of its choosing. If a double-slotted newsrack is shared by two permittees, they shall share the costs and responsibilities related to the newsrack equally.
F. A permit shall be revoked automatically if the permitted newsrack is not in place and in full compliance with the provisions of the chapter within thirty (30) days of issuance. (Prior code § 13.55)
12.20.050 Standards for the installation, maintenance and operation of newsracks.
Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:
A. Placement.
1. No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object; however, newsracks may be bolted to the sidewalk or a concrete footing under pavers, as the case may be, provided that the owner restores the sidewalk or pavers to their original condition upon removal of the newsrack.
2. No modular newsracks may be placed within two hundred (200) feet of other modular newsracks on the same side of the street, with the exception of those permitted under subsection (C)(1) of this section.
3. No single newsrack may be placed within two hundred (200) feet of another single newsrack or modular newsracks on the same side of the street.
4. Where there are two more newsracks in one location, modular newsracks shall be required. The compartments of modular newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of three compartments per row.
B. Location. No newsrack shall be placed, installed, used, or maintained:
1. When such installation, use, or maintenance endangers the safety of persons or property;
2. When such site or location is used for public utility purposes, public transportation purposes, or other governmental use;
3. When such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including legally parked or stopped vehicles; the ingress into or egress from any residence or place of business; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location;
4. When such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery;
5. Within five feet of any marked crosswalk not at an intersection;
6. Within fifteen (15) feet of the curb return of any intersection;
7. Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
8. Within five feet of any driveway;
9. With the back to the roadway along the curb if located within five feet of any curb area designated by markings or signage to be a bus stop;
10. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;
11. Within any area designated by curb markings or signage to be handicapped parking;
12. So as to interfere with or impair the vision of operators of vehicles at street intersections. Because of the special circumstances related to the historic district as set forth in the recitals to this chapter, the specific locations in the historic district shall be as set forth in subsection (C) of this section.
C. Total Number.
1. In the historic district, a total of twenty-eight (28) newsracks may be located at the following locations:
a. West side of Main Street:
i. The bus shelter between Pine Street and Adams Street: two modular newsracks placed on either side of the garbage receptacle located immediately north of the bus shelter with the backs parallel to the back of sidewalk; each modular consisting of two newsracks stacked on two newsracks.
ii. Between Main Street Books and Vasconi Pharmacy: one modular newsrack with the back to the roadway; three newsracks stacked on three newsracks.
iii. Between St. Helena Hotel and Gillwoods: one modular newsrack placed with the back to the roadway; three newsracks stacked on three newsracks.
b. East side of Main Street:
i. Cornerstone Hotel frontage: two modular newsracks with the backs to the roadway located on each side of tree; each modular consisting of two newsracks stacked on two newsracks.
2. In areas outside the historic district, no more than six newsracks shall be located on any public right-of-way within the same block of the same street. As used in this subsection “block” means one side of a street between two consecutive intersections.
D. Dimensions and Design.
1. Each newsrack shall be a pedestal style, either the KJ-50 as manufactured by K-Jack or the TK-4916, as manufactured by Sho-Rack, or similar thereto.
2. The color of any newsrack shall be a dark brown solid; the city encourages the use of “federal brown” (as manufactured by “Sho-Rack”).
3. No newsrack shall exceed fifty-eight (58) inches in height measured from the surface of the sidewalk or ground to the top surface of the newsrack, twenty-five (25) inches in width, or twenty (20) inches in depth.
E. Maintenance. Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
F. Advertising. Newsracks shall carry no advertising or publicity notices. A logo or other information identifying the newspaper may be displayed on the sides and back of the newsrack and limited to a height of three inches on the bottom one-third of the front.
G. Identification. The address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the front of the newsrack in such manner as to be readily visible and readable to a prospective customer thereof, which display shall not exceed twelve (12) square inches in size. (Prior code § 13.56)
12.20.060 Newsrack violations.
A. Notice of Intent to Revoke. If at any time it is determined by the city manager that any newsrack for which a permit has been issued is in violation of the requirements of this chapter, a notice of intent to revoke the permit shall be issued, in writing, to the permittee. The notice shall state the violation or violations which constitute the basis of the proposed revocation, the city’s intent to remove the newsrack if the violation is not corrected or a hearing requested within fifteen (15) days (“correction period”), and the procedure for requesting a hearing before the city manager, if desired. A timely request for a hearing shall stay any removal of the newsrack. If, however, the violation is not corrected within five days after the decision at such hearing becomes final, the newsrack may be summarily removed.
B. Alternative to Issuing a Notice of Intent to Revoke. Notwithstanding subsection A of this section, in the case of violations of this chapter relative to location of newsracks or restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack to fixed objects or to each other, the city manager may, as an alternative to issuing a notice of intent to revoke the permit, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition. The owner shall be responsible for the payment of a fee equal to the reasonable cost to the city of restoring them to a legal condition.
C. Removal. Any newsrack installed without a valid permit, or not brought into compliance with this chapter pursuant to Section 12.20.090, or for which a notice of intent to revoke the permit has been issued remains in violation of the provisions stated in the notice past the fifteen (15) day correction period and where no hearing has been requested, shall be removed by the city manager and stored in any convenient place.
D. Notification of Removal. The city manager shall notify the owner or his or her designate of the removal by mailing a notice of removal to the last known address of the owner/designate. Such notice shall be mailed within five days after removal of the newsrack and shall state: (1) the date the newsrack was removed; (2) the reasons for the removal; (3) the locations of and procedure for claiming the newsrack; and (4) the procedure for obtaining a post-removal hearing before the city manager if desired.
E. Release. Any newsrack removed and stored pursuant to these provisions shall be released to the owner thereof within six months after the mailing of written notice of removal upon providing satisfactory proof of ownership and payment of an impound fee in an amount equal to the reasonable cost to the city of removing and storing the newsrack. If, after a hearing, the impounded newsrack is determined not to have been in violation of this chapter, the newsrack shall be returned to the owner without payment of any removal and/or storage fee. If such newsrack remains unclaimed after this six-month period, it shall be deemed to be unclaimed property in possession of the police division and may be disposed of pursuant to the provisions of Section 3.12.020 of this code.
F. Removal in Exigent Circumstances. In the case of any newsrack which in violation of the provisions of this chapter creates an immediate danger to the health, safety or welfare of the public which cannot be corrected by moving or otherwise repositioning the newsrack, such newsrack may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety and welfare of the public. The city manager shall notify the owner of the removal by mailing a notice of removal to the last known address of the owner. Such notice shall be mailed within five days after the removal of the newsrack and shall contain the same information as set forth in subsection (D) of this section. Release of any such newsrack shall be accomplished in the same manner as set forth in subsection E of this section. (Prior code § 13.57)
12.20.070 Hearing procedure.
A. Within fifteen (15) days of the notice of intent to revoke or the notice of removal, the owner may request a hearing before the city manager. The request shall be in writing, shall state the basis thereof, and shall be filed with the city manager.
B. The hearing shall be held within five working days of the filing of the request before the city manager, unless the owner and city manager otherwise agree. At the hearing any person may present evidence or argument as to whether the newsrack has been installed or maintained in violation of this chapter. Within two working days after the close of the hearing, the city manager shall render a decision in writing and shall give such written decision to the person who requested the hearing. The decision of the city manager may be appealed to the city council pursuant to Chapter 1.16 of this code. (Prior code § 13.58)
12.20.080 Notices.
Notices required pursuant to the provisions of this chapter shall be given in writing by United States mail, certified mail, return receipt requested, addressed to the person to be notified at his or her last known address. The giving of notice under this chapter shall be deemed to have occurred as of the date of deposit in the United States mail. (Prior code § 13.59)
12.20.090 Applicability.
The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of this chapter shall obtain a permit and be brought into compliance with these provisions within fifteen (15) days of this chapter’s effective date. Any newsrack not brought in compliance within this time period shall be deemed to be in violation of this chapter. (Prior code § 13.60)
12.20.100 Abandoned newsracks.
A newsrack shall be deemed abandoned when no printed material is contained therein for a period of more than fifteen (15) consecutive days. If the city manager determines that a newsrack has been abandoned, the permit shall be deemed revoked and he or she may summarily impound such newsrack and shall mail a notice of removal as set forth in Section 12.20.060(D). Release of any such newsrack shall be accomplished in the same manner as set forth in Section 12.20.060(E). (Prior code § 13.61)
12.20.110 Enforcement authority.
Except as specifically provided herein, the provisions of this chapter shall be enforced by the city manager or his or her designee pursuant to Section 2.12.060(B)(16) of this code. (Prior code § 13.63)