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HomeMy WebLinkAbout1996-01-02 - AGENDA REPORTS - AMEND MUNICODE (2)CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Mayor Boyer and Councilmembers FROM: George A. Caravalho, City Manage DATE: January 2, 1996 SUBJECT: Amendments to Municipal Code Related to News Vending Machines Chapter 13.24 of the Municipal Code, which was drafted upon City incorporation, requires updating because of recent pertinent court decisions and omissions. These omissions include definition of purpose, requirements for indemnification of the City, and vendor requirements to obtain a business license, place identification, and clean and maintain all machines periodically. In addition, the City Attorney has recommended several changes relating to abatement, impound, and appeal provisions. During the past year, City staff has met with vendors and newspaper/publication publishers to explain goals and details of proposals for amendments to the Municipal Code. Many of the proposals are not controversial, and these are proposed to be recommended for City Council action at a forthcoming City Council meeting. Other proposals which are controversial, in that some vendors and publishers support them while others do not, will be discussed to determine if there is interest in pursuing them. Noncontroversial items are as follows: • Definition of purpose - to provide clean machines while maintaining reasonable access for pedestrians including disabled persons, provide safety of motorists, and maintain reasonable methods of periodical distribution. • Requirements for indemnification, to provide insurance, and obtain a business license. • Requirement to provide greater sight distance for oncoming traffic at driveways. Requirements for periodic maintenance of machines, including painting and replacement of broken parts. • Inclusion of a new section regarding abatement, impound of nonconforming machines, abandonment, and appeal procedures. Amendments to Municipal Code Related to News Vending Machines January 2, 1996 Page 2 Controversial proposals include those that require uniform type and color of machines, limit the number of machines at a location, and limit advertising on machines. City staff has reviewed the requirements of a number of other cities who have restrictions on these items, and has discussed these issues with vendors and publishers. Most major publishers have a uniform type of machine, but the machines are not uniform in color. RECOMMENDATION City Council review and discuss. ATTACHMENT Chapter 13.24 of Municipal Code (with proposed changes in bold typeface) GAC:SS.dis cd \council \ newsvend.ss CHAPTER 13.24 NEWS VENDING MACHINES 13.24.000. Purpose and Criteria for Regulations. The purpose of this Chapter is to promote the public health, safety and welfare through the regulation of placement, appearance, maintenance, servicing and insuring of news vending machines on public right-of-way so as to: A. Provide for pedestrian and driver safety and convenience; B. Provide for disabled persons' safety, access and convenience; C. Restrict the unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into 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; D. Provide reasonable access for the use and maintenance of poles, posts, traffic signs and signals, hydrants and mailboxes and access to locations used for public transportation; E. Eliminate news vending machines which may result in a visual blight on the public right-of-way, or which may unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements; F. Maintain and protect the values of surrounding properties; G. Reduce unnecessary exposure of the City to personal injury or property damage claims; and H. Provide for and maintain the freedom of speech for newspapers and news periodicals using news vending machines for distribution. 13.24.005. Existing News Vending Machines. The City Engineer shall not be required to remove or cause the removal of any existing news vending machine from a public sidewalk or parkway by reason of the failure of the owner to comply with the provisions of Section 13.24.070 until thirty days from the effective date of the ordinance codified in this Chapter have first elapsed. Thereafter, the placement of such news vending machine shall comply with all provisions of this Chapter. (Section 13.24.) 13.24.010, Permit -- Required.; No person shall place or maintain a news vending machine on or projecting onto a street or highway unless and until a news vending machine permit has been obtained from the City Engineer for each and every news vending machine placed or maintained. Such permit allows a news vending machine to be placed and to remain only as long as all provisions of this Ordinance are complied with. 13.24.020. Permit Application. Upon receipt of an application, on a form or forms prescribed by the City Engineer, and payment of the appropriate fee, as described in Section 3.24.030, the City Engineer shall cause an investigation to be conducted to determine whether the permit, if granted, will conform to all provisions of this Chapter. 13.24.030. Fee Required. No application shall be complete unless accompanied by the fee as established by resolution of the Council. 13.24.035. Conditions of Approval. The City Engineer may impose, as conditions of approval upon the issuance of the permit, such conditions as the City Engineer deems reasonably necessary to insure compliance with the Chapter. 13.24.040. Annual Permit. The news vending machine permit shall be an annual permit, meaning that it shall be valid for one year from issuance. 13.24.045. Permit Renewal. News vending machine permits may be renewed for periods of one year upon application as provided in this Chapter and payment of the correct fee as established by resolution of the Council. 13.24.046. Indemnification. The application shall contain a provision by which the permittee agrees by signing the application that if the permit is granted, he will indemnify and hold harmless, protect, and defend the City, its elective and appointive boards, officers, agents, and employees from and against any and all claims, costs, expenses, or damages of any nature (including attorney's fees), by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss, loss of use of, injury to, or destruction of property, including consequential damages of any nature resulting therefrom, arising out of the placement or maintaining of any news vending machine by permittee within the right- of-way. 13.24,05 . Identification Required on News Vending Machine. Every news vending machine permittee shall, in a place where such information may be easily seen, permanently affix to each news vending machine placed or maintained on or projecting over any portion of the street or highway: A. The permittee's name, address, and local area telephone number as required by Business and Professions Code Section 17570; and B. The permittee's permit number. C. A local working telephone number to call to report a malfunction or to secure a refund. 13.24.054. Business License Required.. Every permittee of a news vending machine located upon the right-of-way must comply with the provisions of Santa Clarita Municipal Code, Licenses and Businesses Regulations, and obtain a Business License relative to the use of the news vending machine. -2- 13.24.05 5. Insurance Required. Every permittee of a news vending machine located upon the right-of-way shall secure and maintain a policy of public liability insurance for injuries to persons or property approximately arising out of accidents attributable to the placement of the news vending machine upon the right-of-way. Said policy shall provide insurance coverage of at least Five Hundred Thousand Dollars ($500,000.00) for injury or death arising from any one accident or occurrence, or to any one person and One Hundred Thousand Dollars ($100,000.00) for property damage. The policy is to name the City of Santa Clarita as an additional insured. The policy of insurance so provided shall contain a contractual liability provision covering the liability assumed by the permittee by the terms of his placement permit and shall contain a provision that such policy may not be cancelled or modified except after thirty (30) days notice in writing given to the City Clerk of the City of Santa Clarita, Certificates evidencing the said insurance shall be filed with the City Clerk of the City of Santa Clarita after approval of the City Attorney. 13.24.060._ Location - Probibited Where Vehicles are Permitted, No person shall place or maintain any news vending machine on any portion of or projecting onto, into or over any portion of the street or highway on which vehicles are lawfully permitted. 13.24.070. Location - Placement, Maintenance and Use Prohibited Where A. No news vending machine shall be placed, installed, used or maintained in the following locations: 1. Within five feet of any marked crosswalk; 2. Within 15 feet of the curb return of any unmarked crosswalk; 3. Within three feet of any fire hydrant, fire call -box; police call -box, or other emergency facility; 4. Within five feet of any driveway except that where machines are located there must be 30 feet clear in the direction of on -coming traffic to provide adequate sight distance. 5. Within three feet ahead of and 15 feet to the rear of any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic; 6. Within three feet of any bus bench; 7. At any location where the news vending machine causes, creates or constitutes a traffic hazard; 8. At any location where the news vending machine unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property; 9. Where the news vending machine will endanger persons or property; -3- 10. Where the news vending machine will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway; 11. At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet; and 12. Atop any vault or storm drain inlet. B. The provisions of Section 13.08.040 of this code are hereby made specifically applicable to Subsections 7 through 12, supra. C. Display of Certain Matter Prohibited. Publications offered for sale from news vending machines placed or maintained on or projecting over the street or highway shall not be displayed or exhibited in a manner which exposes to public view from the street or highway any of the following: 1. Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront; 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; 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. D. Display in Areas Where Minors Are Not Excluded -- Harmful Matter Restricted 1. No person shall knowingly display or cause to be displayed, in any public place where minors are not excluded, any harmful matter as defined in Section 313 of the Penal Code unless such matter is displayed in news vending machines equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view. 2. This section shall not apply to news vending machines that are placed or projected upon public highways and which are subject to the provisions of Section 13.24.070.C. E. Definition of Explicit Sexual Acts. "Explicit sexual acts," as used in this Chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between members of the same or opposite sex or between humans and animals; or other acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region. 13.24.075. Location of Vending Machines Permitted. Vending machines shall be located near the curb line or near the property line as determined by the City Engineer. Where directed and permitted to place a machine near the curb line, the -4- face of the machine shall be 24 inches from the curb face unless directed otherwise by the City Engineer. Where directed to place the machine near the property line, the back of the machine shall be within three inches of the property line unless directed otherwise by the City Engineer. No more than four machines may be located in a group, adjacent to the curb where parking is allowed, without a space of six feet being allowed for pedestrians, to separate the group from the next group. Mounts shall be bolted in place in accordance with specifications on file in the Building and Engineering Services Department of the City and only at locations designated by the Department. News vending machines shall not have electrical service and shall not be equipped with any devices to emit light or sound. 13.24.080C. Maintenance of Vending Machines. Each news vending machine and the sidewalk area extending 12 inches beyond the footprint of the machine shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each news vending machine shall be serviced and maintained so that: A. It is reasonably free of dirt and grease; B. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, C. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereof; D. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discoloration; and E. The structural parts thereof are not broken or unduly misshapen. 13.24.100. Abatement, Impound and Appeal Provisions: A. Abatement. Upon a determination by the City Engineer that a news vending machine has been installed, used or maintained in violation of any of the provisions of this Chapter, he shall cause a tag to be affixed to the vending machine and an order to be issued to the permittee to correct the offending condition. The order shall be telephoned to the permittee and confirmed by mailing a copy of the order by certified mail, return receipt requested to the permittee. The order shall specifically describe the offending condition and specify actions necessary to correct it. If the permittee fails to correct properly the offending condition within five (5) working days after receipt of the order, or file an appeal as permitted under this Chapter, the City Engineer shall cause the offending news vending machine to be summarily removed and processed as unclaimed property under applicable provisions of law relating thereto. If the permittee of the offending news vending machine -5- cannot be identified, the news vending machine shall be removed immediately and processed as unclaimed property under applicable provision of law. The foregoing provisions are not exclusive and are in addition to any other penalty or remedy provided by law. B. Appeal After Hearing. Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this Chapter may appeal and shall be advised of his or her right to appeal to the City Manager. An appeal must be perfected within ten (10) working days after receipt of the notice of any decision or action by filing with the City Engineer a letter of appeal briefly stating therein the basis for such appeal. The hearing shall be held on a date no more than ten (10) days after receipt of the letter of appeal. Appellant shall be given at least five (5) days notice of the time and place of the hearing. The City Manager shall give the appellant and any other interested party the reasonable opportunity to be heard, in order to show cause why the determination of the City Engineer should not be upheld. C. Impound any news vending machine in accordance with the decision of any hearing requested pursuant to this Chapter. D. The City Engineer or his designate may sell or otherwise dispose of any news vending machine so impounded, together with its contents, including money, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said news vending machine, in the City treasury, pursuant to California Government Code SS50050 to SS50055 and other applicable laws when the decision to abate and impound has become final. "Within five (5) days of the hearing, the City Manager shall make a written decision effective immediately. 13.24.135. Abandonment. In the event a news vending machine remains empty for a period of thirty (30) continuous days, the same shall be deemed abandoned, and may be treated in the manner provided in 13.24.100 for news vending machines in violation of the provisions of this Chapter. 13.24.140. Violation -- Penal. Any permittee violating the provisions of this Chapter shall be subject to prosecution for a misdemeanor. 13.24.15 . Violation -- Other Remedies. The provisions of this Chapter shall not limit any other remedies authorized by law. SES:lkI eVsvlkn wsraa.o .. 12