Chapter 5.41
NEWSRACKS
Sections:
5.41.030 Materials distributable through newsracks.
5.41.040 Size, location and appearance.
5.41.070 Removal of newsracks by city.
5.41.010 PURPOSE.
The purpose of this chapter is to provide comprehensive regulations for the installation, use, and maintenance of newsracks on city sidewalks. The provisions of this chapter supersede any conflicting regulations elsewhere in this municipal code.
(Ord. 83-31 § 1, 1983).
5.41.020 GENERAL PROVISIONS.
Newsracks may be installed, used, and maintained on city sidewalks, provided that such newsracks comply with the requirements of this chapter.
(Ord. 83-31 § 1, 1983).
5.41.030 MATERIALS DISTRIBUTABLE THROUGH NEWSRACKS.
Newspapers, news magazines and any other magazines or periodicals may be distributed through newsracks on city sidewalks, for commercial or noncommercial purposes, and whether or not a charge is collected for the items distributed.
(Ord. 83-31 § 1, 1983).
5.41.040 SIZE, LOCATION, AND APPEARANCE.
Newsracks shall conform with the following regulations:
(a) Newsracks shall be placed adjacent to either edge of the sidewalk.
(b) No newsrack shall overhang or rest on the curb or roadway.
(c) No newsrack shall overhang or rest on private property, without the consent of the owner of the property.
(d) No newsrack shall be placed in such a manner as to obstruct or unreasonably interfere with pedestrian traffic, access to parked vehicles, the use of driveways, the use of facilities such as benches, public telephones, fire hydrants, and other facilities located on the sidewalk, or the use of any display window for display purposes.
(e) No newsrack or group of newsracks shall exceed five feet in height. No single newsrack shall exceed thirty inches in width, or two feet in depth.
(f) 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, without the consent of the owner of the property or object to which the newsrack is attached.
(g) Newsracks may be chained or otherwise attached to one another; however, when joined or attached together, a group of newsracks shall not exceed ten feet in total width, and a space of no less than thirty-six inches shall separate each group of newsracks so attached.
(h) Each newsrack shall be maintained in a clean and neat condition and in good repair at all times.
(Ord. 83-31 § 1, 1983).
5.41.050 IDENTIFICATION.
Every person who places or maintains a newsrack on the sidewalks of the city of Santa Cruz shall have his or her name, address, and telephone number permanently affixed thereto in a place where such information may be easily seen.
(Ord. 83-31 § 1, 1983).
5.41.060 ABANDONED NEWSRACKS.
No person who places or maintains a newsrack on the sidewalks of the city of Santa Cruz shall permit such newsrack to remain unused for a period of three months or more.
(Ord. 83-31 § 1, 1983).
5.41.070 REMOVAL OF NEWSRACKS BY CITY.
(a) Any newsrack in violation of any of the provisions of this chapter may be removed by the city of Santa Cruz in accord with the provisions of this section.
(b) Before removal, the city shall first give written notice to the person placing or maintaining the newsrack on the sidewalk that the newsrack is in violation of this chapter and that the violation must be corrected within a specified period of time (not less than fifteen days), and that, if not corrected, the newsrack may be removed by the city and disposed of pursuant to this section.
(c) The notice shall be mailed to the responsible person, at the address indicated on the identification placed on the newsrack. If there is no such identification, then a copy of the notice shall be firmly attached to the newsrack and a copy of the notice shall be mailed to the publisher of any printed matter placed in the newsrack. Posting of the notice shall be sufficient, however, if no printed matter is to be found in the newsrack, or if no address can be found thereon for the publisher of the material. Such notice shall be deemed to be given on the date the notice is deposited in the mail, properly addressed, first class postage prepaid, or on the date the notice is posted on the newsrack, whichever is first.
(d) Any person having an interest in the newsrack may object to its removal if, before expiration of the period specified in the notice, a request for a hearing is filed with the city manager. Such hearing, if requested, shall be conducted by the city manager, or by such person as the city manager may designate. Any person may present evidence at the hearing. On conclusion of the hearing, the hearing officer shall determine whether removal of the newsrack is justified under the provisions of this chapter, and shall make any order necessary and appropriate in connection with such determination.
(e) The decision of the hearing officer may be appealed to the city council in accordance with the provisions of the Santa Cruz Municipal Code pertaining to appeals.
(f) After a newsrack has been removed pursuant to the provisions of this section, the city may dispose of the newsrack by destruction of the newsrack, by sale at public auction, or by appropriation to use by the city, whichever is most appropriate under the circumstances; provided, however, that the owner of the newsrack may, within thirty days after its removal, redeem the newsrack by paying to the city all costs incurred by the city in connection with the removal and storage of the newsrack. At or before the time of removal, the city shall give written notice to the owner of the newsrack of this right to redeem. This notice shall be given in the same manner as provided in subsection (c), and may be given at the same time.
(Ord. 83-31 § 1, 1983).