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HomeMy WebLinkAbout1997-03-25 - AGENDA REPORTS - NEWS VENDING MACHINE (2)AT"WW41KIR981M City Manager Item to be pri T. Brad Therrien UNFINISHED BUSINESS DATE: March 25, 1997 SUBJECT: NEWS VENDING MACHINE ORDINANCE - SECOND READING AND SCHEDULE OF FEES FOR THE CITY OF SANTA CLARITA NEWS VENDING MACHINE PERMIT ORDINANCE NO. 97-5 RESOLUTION NO. 97-21 DEPARTMENT: Building & Engineering Services On March 11, 1997, News Vending Machine Ordinance No. 97-5 was introduced to the City Council for the first reading. Additionally, a schedule of fees for a News Vending Machine Permit was introduced. City Council opened the public hearing and received public input on the adoption of the ordinance and the schedule of fees. Upon the conclusion of the first reading and public hearing, City Council passed Ordinance No. 97-5 to a second reading and deferred passing schedule of fees Resolution No. 97-21 to the next scheduled Council meeting. Upon adoption, owners of existing news vending machines will have 30 days to comply with the ordinance. All applications received and approved between ordinance adoption and June 30, 1997 will be.valid through June 30, 1998. Thereafter, the placement of all news vending machines shall comply with all provisions of Chapter 13.24, and permits shall be renewed on an annual basis, expiring June 30 of each fiscal year. The Notice of Adoption and a copy of the ordinance will be sent to all vendors as soon as practical following adoption of the ordinance. Subsequent to the first reading of Ordinance No. 97-5, the U.S. Supreme Court made a ruling to uphold California!s 1994 law that bans, with some exceptions, news racks containing material harmful to minors. This decision was issued on Monday, March 17, 1997. Staff will be returning to Council with a proposed revision to the Ordinance as soon as the U.S. Supreme Court ruling is clarified. 1. City Council waive further reading and adopt -Ordinance No. 97-5, amending Chapter 13.24 of Title 13, Division 1 of the Santa Clarita Municipal Code concerning the regulation of news vending machines on the public right-of-way. 2. City Council adopt Resolution No. 97-21 to establish a schedule of fees for the City of Santa Clarita News Vending Machine Permit. 2T q -LT -q7 Adopted: 'em: Agenda It NEWS VENDING MACHINE ORDINANCE NO. 97-5 RESOLUMON NO. 97-21 March 25, 1997 - Page 2 "WAT1Q%,TmW News Vending Machine Ordinance No. 97-5 Resolution No. 97-21 RM:DMK:v:U C0UNC1Lk.a,ks2.d.k ORDINANCE NO. 97-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING CHAPTER 13.24 OF TITLE 13, DIVISION I OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE REGULATION OF NEWS VENDING MACHINES ON THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION1. The City Council of the City of Santa Clarita hereby finds and declares as follows: WHEREAS, this Council had previously adopted Ordinance No. 89-20 (Codified as Santa Clarita Municipal Code § 13.24 et seq.) to regulate the placement and contents of news vending machines (a.ka. News Racks) on the public rights-of-way in the City of Santa Clarita. WHEREAS, since the adoption of said ordinance certain changes in the applicable laws have occurred as well as new facts brought to light by experience under the prior ordinance that necessitate revising said regulations. WHEREAS, there continues to be a need to weigh and balance the rights and guarantees of freedom of speech and press afforded all our citizens under our Federal and State Constitutions with the right of the City of Santa Clarita to regulate the use of public rights-of-way for the health, safety and welfare of the general public. WHEREAS, as to the contents of such news vending machines, specifically publications, the laws of the State of California preempt and prevent local regulation thereof, but in all other respects the City of Santa Clarita intends to exercise its fullest authority herein. WHEREAS, the public rights-of-way exist for the use of all persons and may not be subject to appropriation or unreasonable use by any one person or group under the banner of exercising the rights of freedom of the press and speech. WHEREAS, the modem marketing and distribution methods used for publications on the public rights-of-way are no longer limited to an insignificant space and their proliferation and location may, and does, interfere with the rights of the traveling public. WHEREAS, the past and present use of portable news vending machines has created unreasonable problems in fixing their locations within acceptable standards and the enforcement thereof, as well as creating visual blight which detracts from the aesthetics of the streetscape and adjacent businesses and in1provements. WHEREAS, only those news vending machines that comply with the provisions of this chapter shall be authorized upon the public rights-of-way. WHEREAS, accordingly, the regulation as to number, size, style or model, location and manner of placement in any one location upon the public rights-of-way as hereinafter set forth is for the general health, safety and welfare of the public. NOW, THEREFORE, CHAPTER 13.24 OF TITLE 13, DIVISION 1 OF THE SANTA CLARITA MUNICIPAL CODE IS HEREBY DELETED AND REPLACED WITH THE FOLLOWING: SECTION 2. CHAPTER 13.24 NEWS VENDING MACHINES 13.24.000 Purpose and Criteria for Regulations 13.24.001 Definitions 13.24.005 Existing News Vending Machines 13.24.010 Permit - Required 13.24.020 Permit Application 13.24.030 Fee Required 13.24.035 Reserved 13.24.040 Annual Permit 13.24.045 Permit Renewal 13.24.046 Indemnification 13.24.050 Identification Required 13.24.054 Reserved 13.24.055 Insurance Required 13.24.060 Location - Prohibited Where Vehicles are Permitted 13.24.070 Location - Placement, Maintenance and Use Prohibited 13.24.075 Location - Permitted 13.24.080 Maintenance 13.24.100 Abatement, Impound and Appeal Provisions 13.24.135 Abandonment 13.24.140 Violation - Penal 13.24.150 Violation - Other Remedies 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 rights-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; H. Provide for and maintain the freedom of speech for newspapers and news periodicals using news vending machines for distribution; and I. Eliminate poorly designed and constructed news vending machines that are inadequately secured to the underlying foundation, being knocked down, thrown, and windblown onto public streets. 13.24.001. Definitions. A. Blinder rack shall mean a device attached to a news vending machine that shields from view the lower two-thirds of any material contained in the news vending machine. B. Block shall mean one (1) side of a street between two (2) consecutive intersecting streets. C. City Engineer shall mean the City Engineer of the City of Santa Clarita or his authorized designee. D. Display Window shall mean any window located or utilized so as to exhibit or make a presentation of merchandise, or any window located or utilized so as to give evidence to the general public of the interior of a business establishment. E. Explicit Sexual Acts 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 person7s genital, pubic region, pubic hair, perineum, anus, or anal region. F. Harmful Matter or "material harmful to minors" shall mean matter, taken as a whole, which, to the average person applying contemporary statewide standards, appeals to the prurient interest and is matter which, taken as a whole, depicts or describes in a patently offensive way, sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, educational, or scientific value for minors. G. Minor shall mean any natural person under eighteen (18) years of age. H. Neutral in regard to color shall mean insipid, dull, or bland. I. News Vending Machine shall mean any self -serve, coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or news periodicals. J. Parkway shall mean that area between the sidewalks and the curb or any street. Where there is no sidewalk, it shall mean that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway that is not open to vehicular travel. M Permanent News Vending Machine shall mean a vending machine that is affixed to the ground, sidewalk or improvements upon the right-of-way by bolts or poles and not readily movable. L. Permittee shall mean the publisher or distributor, or custodian, clerk, employee, officer or other person who, as an agent of the publisher or distributor, has applied for (applicant) or been granted (permittee) an encroachment permit for a news vending machine pursuant to the provisions of this Chapter. M. Person shall mean an individual, firm, partnership, corporation, or other legal entity. N. Portable Vending Machine shall mean a vending machine that is not affixed to the ground, sidewalk or improvements upon the right-of-way by bolts or poles and is readily moveable. 0. Public Right -of -Way shall mean any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square, and other similar public way. P. Roadway shall mean that portion of a street improved, designed, or ordinarily used for vehicular travel. Q. Sidewalk shall mean any surface provided for the exclusive use of pedestrians, R. Street shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys, and sidewalks. 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 this Chapter until thirty (30) days from the effective date of the ordinance codified in this Chapter have first elapsed. Thereafter, the placement of such news vending machines shall comply with all provisions of this Chapter 13.24, The City Engineer is directed to send written notice, as soon hereafter as practicable to the owners of all existing news vending machines located on a public sidewalk or parkway in the City, of the content of this chapter. A� In the event that there is not sufficient space to accommodate all of the news vending machines sought by persons to be placed at any one location without violating the standards set forth in this Chapter, the City Engineer shall give priority as follows: 1. First Priority shall be given news vending machines used for the sale of publications which have been adjudicated to be newspapers of general circulation for the City of Santa Clarita, pursuant to the procedures set forth in Title 1, Division 7, Article 2 of the State Government Code; 2. Second Priority shall be given news vending machines used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedures set forth in Title 1, Division 7, Article 2 of the State Government Code; 3. Third Priority shall be given to news vending machines used for the sale of daily publications (those published five or more days in a calendar week) that have not been adjudicated to be newspapers of general circulation for Los Angeles County; 4. Fourth Priority shall be given to news vending machines used for the sale of weekly publications (those published on at least one but less than five days in a calendar week) w1iich have not been adjudicated to be newspapers of a general circulation for Los Angeles County; 5. Fifth Priority shall be given to news vending machines for which the newspaper publisher demonstrates to.the City Engineer that there is insufficient capacity in one news vending machine at a particular location and a second rack is necessary. 6. Subject to the priorities listed, any publication not deemed to fan under the definitions of the above classes shall constitute a miscellaneous category and shall be eligible on a "first-come, first-served basis" to secure remaining available news vending machine space pursuant to this Chapter. 7. In the event that there is a conflict between publications within the same priority seeking the same location, and there are insufficient, news vending machine spaces remaining to accommodate the competing publications, after first filling as many spaces as possible by utilizing the criteria set forth above, then the City Engineer or his/her designated representative shall assign the space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time, until the remaining spaces at the particular location have been filled. Such drawing shall be open to the public at a time and date designated by the City Engineer or his/her designated representative. 13.24.010. Permit -- Required. No person shall keep or maintain a news vending machine on or projecting onto a street or highway unless and until an encroachment permit for a news vending machine has been obtained from the City Engineer for each and every news vending machine installed or maintained. Said encroachment permit can provide for one or more news vending machines. Such permit allows a news vending machine to be kept and to remain, provided it is in compliance with all of the provisions of this Chapter and the Encroachment permit. 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 13.24.030, 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 City Council. Encroachment permits for news vending machines shall be issued for the fiscal year, July I through June 30. 13.24.035. Reserved. 13.24.040. Annual Permit. The encroachment permit for the news vending machine shall be an annual permit, meaning that it shall be valid for one fiscal year, commencing on July 1 and expiring on June 30 of each year, 13.24.045. Permit Renewal. The encroachment permit for a news vending macl-Ane may be renewed for periods of one fiscal 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 arid 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 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 perinittee within the public right-of- way. Prior to issuance of permit, registrant shall present evidence of compliance with this section. 13.24.050. Identification Required. Every news vending machine pern-dttee shall, in a place where such information may be easily seen, permanently affix to each news vending machine that in whole or in part rests upon, in or over any public sidewalk or parkway within the City, the following: A. The permittee's name, address, and local area telephone number as required by Business and Professions Code Section 17570; B. The permittee's permit number; and C. A local working telephone number to call to report a malfunction or to secure a refund. 13.24.054. Reserved. 13.24.055. Insurance Required. Every permittee of a news vending machine located upon the public 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 One Million Dollars ($1,000,000.00) 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/her encroachment permit and shall contain a provision that such policy may not be canceled or modified except after thirty (30) days� notice in writing given to the City Engineer of the City of Santa Clarita. Certificates evidencing the said insurance shall be submitted with the encroachment permit and kept on file with the Risk Manager for the City of Santa Clarita. 13.24.060. Location - Prohibited Where Vehicles are Pern-iitted. 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 A. No news vending machine shall be placed, installed, used or maintained in the following locations: 1. Within five (5) 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 five (5) feet of the far side of any driveway (when approaching a street - typical) and within thirty (30) feet of the -near side of the same driveway, since this placement would impede adequate sight distance for oncoming traffic (in regard to one-way streets: one-way streets would prohibit placement within five (5) feet to the far side of the driveway and thirty (30) feet to the near side of the same driveway); 5. Within three (3) feet ahead of and fifteen (15) feet to the rear of any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic; 6. Within four (4) 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 unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street or highway; 10. At any location whereby the clear space for the passage of pedestrians using the sidewalk is reduced to less than four (4) feet; 11. Atop any vault or storm drain inlet; 12. Within five (5) feet of light standards, trash receptacles, traffic signal control boxes, public safety control boxes, mailboxes, water meters, gas meters, electrical pull boxes, catch basins, and sewer manhole covers; 13. Within five (5) feet of a curb painted blue, pursuant to the provisions of California Vehicle Code Section 21458; 14. Within ten (10) feet of any transit shelter; 15. Where placement interferes with the reasonable use or utility for display purposes of any display window of any building abutting the sidewalk or parkway, but in no event within three (3) feet of such window; 16. Within five hundred (500) feet of any elementary, junior high, or high school site; 17. No portable news vending machine shall be placed upon the right-of-way; 18. No news vending machine shall be chained, bolted or otherwise attached to any property not owned by the owner of the news vending machine except as permitted per Section 13.24.075.G; 19. No news vending machine shall be used for advertising signs or publicity purposes other than dealing with the display, sale, or purchase of the newspaper or news periodicals sold therein; 20. No news vending machine shall be located directly opposite a newsstand or another news vending machine on the same side of a sidewalk or parkway; 21. No more than eight (8) news vending machines shall be located on any public right-of-way within a space of two hundred (200) feet in any direction, provided, however, that no more than sixteen (16) news vending machines shall be allowed on any one block; 22. No more than five (5) machines shall be located in a group without a space of three (3) feet to separate the group from the next group; Where machines are adjacent to the curb mi locations where parking is allowed, a space of six (6) feet between groups is required to allow for pedestrian travel; or 23. Where placement unreasonably interferes with the use of mechanical sidewalk cleaning machinery, poles, posts, traffic signs or signals, mailboxes, or government use. B. The provisions of Section 13.08.040 of this code are hereby made specifically applicable to Subsections 7 through 23 of the immediately preceding Section A. 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 ., penneums, 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 313.1 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. 13.24.075. Location - Perniitted. A. News 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 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 five machines may be located in a group, adjacent to the curb where parking is allowed, without a space of six (6) feet being allowed for pedestrians, to separate the group from the next group. B. The dimensions of the case shall be between 26 and 28 inches in width and between 16 and 18 inches in depth. The overall height of the machine shall be between 44 and 52 inches. C. Each machine shall be constructed of sturdy, corrosive -resistant materials. D. Each machine shall be colored in neutral hues of blue, green, white, or brown. E. Each machine shall have an automatic coin return. F. Each machine shall have (a) display case(s) with a plastic window. G. Only permanent news vending machines placed and maintained in compliance with the provisions of this Chapter shall be permitted upon the right- of-way. 1. 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. 2. The breaking of existing sidewalk structures for the purpose of installing a news vending machine shall be done in such a manner as to do the least amount of damage to the remaining sidewalk structure and shall be done with approved equipment designed for that purpose. 3. Portland Concrete Cement sidewalks shall be replaced with the thickness of that removed, but in no case less than four inches, and shall be of the same color and texture as the adjoining sidewalk. 4. All sidewalk reconstruction work required as a result of the installation of a news vending machine by the permittee shall conform to the latest edition of the Standard Specifications for Public Works Construction as amended and adopted by the City of Santa Clarita. 5. The permittee is responsible for the installation of the news vending machine. All work undertaken shall be the sole responsibility of the permit holder. Damage resulting from the installation of said news vending machine shall be repaired iramediately by and at the expense of the permittee. Failure to make required repairs shall result in City forces undertaking to make such repairs� The cost of repairs shall be chargeable as a civil debt to the permit holder and may be collected by the City in the same manner as it collects any other civil debt or obligation. H. News vending machines shall not have electrical service and shall not be equipped with any devices to emit light or sound. 13.24,080. Maintenance, 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/she 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 properly correct the offending condition within ten (10) 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 cannot be identified, the news vending machine shall be removed immediately and processed as unclaimed property under applicable provisions 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/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 a reasonable opportunity to be heard, in order to show cause why the determination of the City Engineer should not be upheld. C. The City Engineer shall impound any news vending machine in accordance with the decision of any hearing requested pursuant to this Chapter. The cost of removal and/or storage by the City Engineer of any news vending machine subject to this Chapter shall be chargeable as a civil debt to the permittee thereof and may be collected by the City in the same manner as it collects any other civil debt or obligation. In addition, the news vending machine in question shall be deemed to be unclaimed property and may be disposed of in accordance with law. D. The City Engineer or his designee 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 Califorriia Government Code §50050 to §50055 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 Section 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 as a misdemeanor. 13.24.150. Violation -- Other Remedies. The provisions of this Chapter shall not limit' any other remedies authorized by law. SECTION 3. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage, SECTION 4. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. The complete Ordinance is available to the public in the City Clerles office. PASSED AND APPROVED this —day of 1997 MAYOR ATTEST: CITY CLERK - f STATE OF CALIFORNIA COUNTY OF LOS ANGELES) CITY OF SANTA CLARITA ) 1, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. — was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the _day of 19—. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK SES:DMK:Ikl:vjj e"-HA\ne..�k99.d.k RESOLUTION NO. 97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA TO ESTABLISH A SCHEDULE OF FEES FOR THE CITY OF SANTA CLARITA NEWS VENDING MACHINE PERMIT WHEREAS, the City of Santa Clarita (the "City") desires to establish a News Vending Machine Permit under the City's Municipal Code; and WHEREAS, the City has adopted Ordinance No. 89-20, thereby adopting a News Vending Machine Ordinance (Chapter 13.24 of the Municipal Code), which establishes a City News Vending Machine Permit; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article X11113 of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering a portion of the costs reasonably borne of providing special services of a voluntary and limited nature; and WHEREASj pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and WHEREAS, notice of public hearing has been provided per Government Code Section 6062a, oral and written presentations made and received, and the required public hearing held; and WHEREAS, a News Vending Machine Permit fee, to be paid by those requesting such special services, must be adopted so that the City might carry into effect its policies; and WHEREAS, pursuant to California Government Code Section 6062a, a general explanation of the schedule of fees and charges has been published as required; and WHEREAS, all requirements of California Government Section 66018 are hereby found to have been complied with; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve, determine, and order as follows: SECTION 1. Upon application approvals from the City Engineer, the Director of Administrative Services of the City of Santa Clarita. shall issue, or cause to be issued, news vending machine permits for the following fees: FOR EACH NEWS VENDING MACHINE: $50.00 Annual Fee, payable on July 1 of each fiscal year. Renewal fee is the same as annual fee as stated above. ADDITIONAL FEE: $13.50 Encroachment Permit Issuance Fee. NOTE: A single vendor can utilize a single encroachment permit for any and all news vending machines he is permitted to place in the public right-of-way on any one application. SECTION 2. News Vending Machine Permits are valid for one fiscal year, commencing on July 1 of the current year in which the permit is applied for, and expiring on June 30 of the succeeding year. SECTION 3. All fees under this resolution shall become effective upon adoption of News Vending Machine Ordinance No. 97-5. SECTION 4. The City Clerk shall certify to the adoption of this resolution and certify this record to be a full, true, and correct copy of the action taken. PASSED, APPROVED AND ADOPTED this ----day of 1997. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the ----�day of -, 19 by the following vote of the Council: A -YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS CITY CLERK DMK.-U ...A\NRA,CKS.DMX