HomeMy WebLinkAbout2005-02-22 - ORDINANCES - ADOPT ORD NEWSRACKS (2)ORDINANCE NO. 05-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, REPEALING CHAPTER 13.24 OF
TITLE 13, DIVISION 1 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING
THE REGULATION OF NEWS VENDING MACHINES IN THE PUBLIC RIGHT-OF-WAY
AND ENACTING A NEW CHAPTER 13.24 OF TITLE 13, DIVISION 1 OF THE
SANTA CLARITA MUNICIPAL CODE CONCERNING THE REGULATION
OF NEWSRACKS IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Clarita hereby finds and declares as
follows:
A. The City Council had previously adopted Ordinance No. 97-5 (codified as Santa
Clarita Municipal Code § 13.24 et seq.) to regulate the placement of news
vending machines on the public right-of-way in the City of Santa Clarita.
B. Since the adoption of Ordinance No. 97-5 certain changes in applicable laws has
occurred as well as new facts brought to light by experience under the Ordinance
that necessitates revising these regulations.
C. 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.
D. The City of Santa Clarita does not intend to regulate the content of newsracks and
the periodicals they contain; the laws of the State of California preempt and
prevent such local regulation.
E. 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.
F. The modern marketing and distribution methods used for publications on the
public right-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.
G. The past and present use of portable newsracks has created unreasonable
problems in fixing their locations within acceptable standards and the
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enforcement thereof, as well as creating visual blight that detracts from the
aesthetics of the streetscape and adjacent businesses and improvements.
H. The regulation as to number, size, style or model, location and manner of
placement in any one location upon the public right-of-way of newsracks as set
forth in this Ordinance is for the general health, safety and welfare of the public.
SECTION 2. Chapter 13.24 of Title 13, Division 1 of the Santa Clarita Municipal Code
hereby repealed and replaced with the following:
Chapter 13.24
NEWSRACKS
13.24.000 PURPOSE AND INTENT.
13.24.010 DEFINITIONS.
13.24.020 NEWSRACK PRIORITY.
13.24.030 NEWSRACK PERMIT - REQUIRED.
13.24.040 OBTAINING A NEWSRACK PERMIT.
13.24.050 RIGHTS CONFERRED.
13.24.060 TRANSFERABILITY.
13.24.070 LOCATION - PERMITTED.
13.24.080 LOCATION - PROHIBITED.
13.24.090 STANDARDS FOR MAINTENANCE AND DISPLAY OF NEWSRACKS.
13.24.100 NEWSRACK PROHIBITIONS.
13.24.110 SPECIAL STANDARDS DISTRICTS.
13.24.120 ABATEMENT, IMPOUND AND APPEAL PROVISIONS.
13.24.130 SUMMARY ABATEMENT.
13.24.140 ABANDONMENT.
13.24.150 NUISANCE.
13.24.160 VIOLATION - PENAL.
13.24.170 VIOLATION - OTHER REMEDIES.
The purpose and intent of this Chapter is to promote the public health, safety and welfare
through the regulation of placement, appearance, maintenance, servicing and insuring of
newsracks 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
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Page 3
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 newsracks 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 periodicals
using newsracks for distribution; and
I. Eliminate poorly designed and constructed newsracks that are inadequately
secured to the underlying foundation, being knocked down, thrown, and
windblown onto public streets.
13.24.010 DEFINITIONS
Whenever the following words and phrases are used in this Chapter, they shall have the
meaning indicated in this Section unless the context or usage clearly requires a different
meaning:
"Blinder rack" means a device attached to a newsrack that shields from view the lower
two-thirds of any material contained in the newsrack.
"Block" means one side of a street between two consecutive intersecting streets.
"City Engineer" means the City Engineer of the City of Santa Clarita or his or her
authorized designee.
"Coin operated" means any newsrack that provides periodicals at a charge.
"Display window" means 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.
"Explicit sexual acts" means depictions of sexual intercourse, oral copulation, anal
intercourse, oral -anal copulation, bestiality, sadism, masochism, or excretory functions in
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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.
"Harmful matter" or "material harmful to minors" means 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.
"Minor" means any natural person less than 18 years of age.
"Neutral in regard to color" means dull, or bland.
"Newsrack" means any self-service or coin-operated box, container, storage unit or other
dispenser installed, used, or maintained for the display and free distribution or sale of
newspapers or periodicals.
"Parkway" means that area between the sidewalk and the curb of any street. Where there
is no sidewalk, it means that area between the edge of the roadway and the public right-
of-way. Parkway also includes any area within a roadway that is not open to vehicular
travel.
"Permanent newsrack" means 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.
"Permittee" means 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 newsrack pursuant to the
provisions of this Chapter.
"Person" means an individual, firm, partnership, corporation, or other legal entity.
"Portable newsrack" means a newsrack that is not affixed to the ground, sidewalk or
improvements upon the right of -way by bolts or poles and is readily moveable.
"Public right-of-way" means 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 which is owned or held (whether in fee,
easement, leasehold or other interest) by the City of Santa Clarita.
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"Roadway" means that portion of a street improved, designed, or ordinarily used for
vehicular travel.
"Self-service" means any newsrack that provides periodicals at no charge and is not coin-
operated.
"Sidewalk" means any surface provided for the exclusive use of pedestrians.
"Street" means all that area dedicated to public use for public street purposes and
includes, but not be limited to, roadways, parkways, alleys, and sidewalks.
13.24.020 NEWSRACK PRIORITY
A. The City Engineer will process applications for placement of newsracks at
permissible available locations on a "first-come, first served basis".
B. In the event that there is not sufficient space to accommodate all of the newsracks
sought by persons to be placed at any one location without violating the standards
set forth in this Chapter, the City Engineer will assign these spaces as follows:
The City Engineer will place the names of all applicants for the remaining
spaces at the particular location into a container from which the names will be
drawn, one at a time, until the remaining spaces at the particular location have
been filled. Such drawing must be open to the public at a time and date
designated by the City Engineer or the Engineer's designated representative.
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No person may keep or maintain a newsrack on or projecting onto a public right-of-way
unless and until a newsrack permit has been obtained from the City Engineer for each and
every newsrack installed or maintained. No more than one permit shall be required per
applicant regardless of the number of newsracks the applicant maintains in the
City. Such permit allows a newsrack to be kept and to remain, provided it is in
compliance with all of the provisions of this Chapter and the newsrack permit.
13.24.040 OBTAINING A NEWSRACK PERMIT
A. Newsrack Permit Application. Upon receipt of a newsrack permit application and
payment of the appropriate fee, as described in this Section, the City Engineer
will cause an investigation to be conducted to determine whether the permit, if
granted, will conform to all provisions of this Chapter. The provisions of this
Chapter are the exclusive requirements for newsrack encroachments onto public
property in the City. Applications for a newsrack permit for one or more
newsracks must be made to the City Engineer on a form prescribed by the City
Engineer. The Form must include all the requested information. Failure to
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submit a complete application Form may result in the denial of the permit
application by the City Engineer.
B. Indemnification. The application must contain a provision by which the permittee
agrees by signing the application that if the permit is granted, he or she 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 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 newsrack by permittee within the public
right-of-way. Such indemnification shall be in a form approved of by the
City. Prior to issuance of permit, applicant must present evidence of compliance
with this section.
C. Insurance. Every permittee of a newsrack located upon the public right-of-way
must 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 newsrack upon the right-of-way. This policy must provide
insurance coverage amounts as required by the City Engineer. The policy is to
name the City of Santa Clarita as an additional insured. The policy of insurance
must contain a contractual liability provision covering the liability assumed by the
permittee by the terms of the encroachment permit and must contain a provision
that such policy may not be canceled or modified except after 30 days' notice in
writing given to the City Engineer. Certificates evidencing this insurance must be
submitted with the newsrack permit application and kept on file with the Risk
Manager for the City of Santa Clarita.
D. Fee Required. No newsrack permit application will be complete unless
accompanied by the fee as established by resolution of the City Council.
E. Issuance of Permit. A permit must be issued within 10 working days from the
date of filing the application with the City Engineer if the application is properly
completed and the type of newsrack and location proposed for each newsrack
meet the standards set forth in this Chapter. A single permit will be issued for all
newsracks applied for by an applicant who meets the standards of this
Chapter. Each permittee will be issued a pre-printed sticker for each permitted
newsrack, which must be affixed in accordance with Section 13.24.090.
F. Denial of Newsrack Permit. If a newsrack permit is disapproved, in whole or in
part, the City Engineer will notify the applicant within 10 working days from the
date of the filing of a complete application with the City Engineer, explaining the
reasons for the denial of the permit. The applicant will have 10 days within which
to appeal the decision to the City Manager in accordance with the appeal
provisions set forth in this Section.
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G. Appeal of Newsrack Permit Denial. After receiving a notice of appeal, the City
Manager or his or her designee will conduct a hearing within 30 days of receipt of
the applicant's appeal, unless otherwise agreed to by the applicant. Written notice
of the time and place of the hearing will be given to the applicant, and will be
posted in the official posting location of the City. The hearing will be informal,
but oral and written evidence may be given by both sides. The City Manager or
designee will render a written decision within 15 days after the date of the
hearing. The decision of the City Manager will be final.
H. Period of Newsrack Permit Validity. The newsrack permit will be valid for two
years, commencing on July 1 and expiring on June 30 two years thereafter. Upon
enactment of the Ordinance, the initial permit shall be valid from the date of
permit approval by the City expiring on the second June thereafter.
I. Newsrack Permit Renewal. The newsrack permit may be renewed for periods of
two fiscal years upon application, as provided in this Chapter, and payment of the
correct fee as established by resolution of the Council.
J. Amendment to Newsrack Permit.
1. Each permittee or distributor has an ongoing duty to provide the City with
current information as set forth in Section 13.24.040 of this Chapter. In
the event of change in any of the information contained in the application,
the permittee must submit such change in writing to the City Engineer
within 30 days of the change.
2. A permittee may relocate an existing newsrack, and/or install and maintain
additional newsracks by an amendment to the permit. The rules and
procedures of this section will also apply to the review and approval of
any such amendment. Relocation and/or installation of newsracks will be
subject to an Amendment to Newsrack Permit fee as set forth by City
Council resolution. (Changes to contact information will not be subject to
an Amendment to Newsrack Permit fee.)
13.24.050 RIGHTS CONFERRED
The approval of a location for a newsrack pursuant to the issuance of a permit will not be
construed as granting the permittee any right to, or interest in, the City owned property or
a public right-of-way. The rights conferred by this Chapter are merely a license to use
the subject property for the permitted purpose, subject to the provisions of this Chapter.
13.24.060 TRANSFERABILITY
No permit may be sold, transferred, or assigned by any permittee, or by operation of law,
to any other person unless and until the transferee obtains an amendment to the permit
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from the City Engineer stating that the transferee is now the permittee. The application
process for such a permit amendment will be the same as set forth in Section 13.24.040.
13.24.070 LOCATION - PERMITTED
A. Newsracks must be located near the curb (or if there is not curb, the edge of the
roadway) or near the property line as determined by the City Engineer. Where
directed and permitted to place a newsrack near the curb, the face of the newsrack
must be between 18 and 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 must be within 3 inches of the property line unless directed
otherwise by the City Engineer. No more than 5 machines may be located in a
group, adjacent to the curb where parking is allowed, without a space of 6 feet
being allowed for pedestrians, to separate the group from the next group.
B. Only permanent newsracks placed and maintained in compliance with the
provisions of this Chapter will be permitted upon the public right-of-way.
1. Mounts must 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 alteration of existing sidewalk structures for the purpose of installing
a newsrack must be done in such a manner as to cause no damage to the
remaining sidewalk structure and must be done with approved equipment
designed for that purpose.
3. Portland Concrete Cement sidewalks must be replaced with the thickness
of that removed, but in no case less than 4 inches, and must be of the same
color and texture as the adjoining sidewalk. Damaged sidewalks must be
replaced full panel scoreline to scoreline; no partial panel repairs will be
allowed.
4. All sidewalk reconstruction work required as a result of the installation of
a newsrack by the permittee must 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 newsrack. All work
undertaken is the sole responsibility of the permit holder. Damage
resulting from the installation of a newsrack must be repaired immediately
by and at the expense of the permittee. Failure to make required repairs
will result in City forces undertaking to make such repairs. The cost of
repairs will 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.
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13.24.080 LOCATION - PROH03ITED
A. No person may place or maintain any newsrack on any portion of or projecting
onto, into or over any portion of the street or highway on which vehicles are
lawfully permitted.
B. No newsrack may be placed, installed or maintained at the following locations:
1. Within 5 feet of any marked crosswalk;
2. Within 15 feet of the curb return of any unmarked crosswalk;
3. Within 3 feet of any fire hydrant, fire box, police call -box, or other
emergency facility;
4. Within 5 feet of the far side of any driveway (when approaching a
driveway - typical) and within 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 5 feet to the far side of the driveway and 30 feet
to the near side of the same driveway);
5. Within 3 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 4 feet of any bus bench;
7. At any location where the newsrack causes, creates, or constitutes a traffic
hazard;
8. At any location where the newsrack unreasonably obstructs or interferes
with access to, or the use and enjoyment of, abutting property;
9. Where the newsrack 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 4 feet;
11. Atop any vault or storm drain inlet;
12. Within 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;
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13. Within 5 feet of a curb painted blue, pursuant to the provisions of
California Vehicle Code Section 21458;
14. Within 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 3 feet of such window;
16. Within 500 feet of any elementary, junior high, or high school site;
17. No portable newsrack may be placed upon the public right-of-way;
18. No newsrack may be chained, bolted or otherwise attached to any property
not owned by the owner of the newsrack except as permitted per
Section 13.24.070;
19. No newsrack may be located directly opposite a newsstand or another
newsrack on the same side of a sidewalk or parkway;
20. No more than 8 newsracks may be located on any public right-of-way
within a space of 200 feet in any direction on a given block;
21. No more than 5 machines may be located in a group without a space of 3
feet to separate the group from the next group. Where machines are
adjacent to the curb in locations where parking is allowed, a space of 6
feet between groups is required to allow for pedestrian travel; or
22. Where placement unreasonably interferes with the use of mechanical
sidewalk cleaning machinery, poles, posts, traffic signs or signals,
mailboxes, or government use.
23. This section does not apply to newsracks that are placed or projected upon
public highways and which are subject to the provisions of
Section 13.24.100.
13.24.090 STANDARDS FOR MAINTENANCE AND DISPLAY OF NEWSRACKS
A. Identification Required. Every newsrack permittee must, in a place where such
information may be easily seen, permanently affix to each newsrack that in whole
or in part rests upon, in or over any public right-of-way within the City, the
following:
1. The permittee's name, address, and local area telephone number as
required by Business and Professions Code Section 17570;
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2. The permittee's permit sticker; and
3. A local working telephone number to call to report a malfunction or to
secure a refund.
B. Each newsrack and the sidewalk area extending 12 inches beyond the footprint of
the machine must be serviced and maintained so that:
1. The dimensions of the case must be less than 30 inches in width and less
than 18 inches in depth. The overall height of the machine must be
between 44 and 52 inches.
2. Each machine must be constructed of sturdy, corrosive -resistant materials.
3. Each machine must be colored in neutral hues of blue, green, white, or
brown.
4. All coin-operated newsracks must be equipped with an automatic coin -
return device maintained in good repair and working order. Every coin-
operated newsrack must display information on how to secure a refund in
the event of coin return malfunction. Such information must be placed in
a visible location on the front or top of the newsrack, and must be legible.
5. Each machine must have (a) display case(s) with a plastic window.
6. Every newsrack must be painted or covered with a protective coating, so
as to keep it free from rust, and must be cleaned and repainted on a regular
basis.
7. Every newsrack must be maintained in a neat and clean condition, and in
good repair at all times. For example, without limitation, every newsrack
must be reasonably free of dirt and grease, be reasonably free of chipped,
faded, peeling or cracked paint, be reasonably free of rust and corrosion,
have no broken or cracked plastic or glass parts, and have no broken or
unduly misshapen structural parts.
8. Every newsrack must be constructed, installed and maintained in a safe
and secure condition.
9. Every newsrack must be made of solid material on all sides, so as to
contain the material inside the newsrack in a manner as to prevent it from
blowing away or otherwise becoming litter. No wire or other open form
of newsrack will be permitted.
10. Every newsrack must be kept free of graffiti.
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11. Every mounted newsrack must be kept free of dirt and litter under the
newsrack.
12. Other than the display of the publication contained therein, no newsrack
may display or be affixed with any words or pictures except for the
identifying information, and the coin return information, if applicable,
required by Section 13.24.090; provided that, except as provided in
Section 13.23.110, each side of a newsrack may display, in characters no
more than four inches high, the name and/or logo of the publication
contained in the newsrack, and the front of each newsrack may be affixed
with a single sign or decal, no larger than eight inches by ten inches,
containing only information relating to the display, sale or distribution of
the publication contained in the newsrack. If the newsrack is a Sho-Rack
K-100 or K -Jack KJ55 style, or equivalent (i.e., double -high), which
contains a built-in sign holder, the newsrack may be affixed with a sign
that fits within that holder, not to exceed 14 inches by 23 inches. If a
newsrack has no sign or decal, the name and/or logo display may be up to
11 inches high.
13. Old or out-of-date material removed from any newsrack by any person
who owns, maintains, or stocks the newsrack must be recycled or disposed
of in a lawful manner. Such material may not be disposed of in any trash
receptacle owned or rented by others, without the express written consent
of the owner or renter of such receptacle. Such material must be disposed
of in a manner that does not cause the material to become litter.
14. Newsracks may not have electrical service and may not be equipped with
any devices to emit light or sound.
15. Blinder Racks Required Newsracks located in public places, other than
public places from which minors are excluded, and which display to the
public view harmful matter, must be equipped with devices commonly
known as blinder racks in front of the material so that the lower two-thirds
of the material is not exposed to public view.
13.24.100 NEWSRACK PROHIBITIONS
A. No newsrack may be used for advertising signs or publicity purposes other than
dealing with the display, sale, or purchase of the newspaper or periodicals sold
therein.
B. Display of Certain Matter Prohibited. Publications offered for sale or at no cost
from newsracks placed or maintained on or projecting over the street or highway
may not be displayed or exhibited in a manner which exposes to public view from
the street or highway any of the following:
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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.
4. Display in Areas Where Minors Are Not Excluded—Harmful Matter
Restricted. No person may 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 newsracks equipped with blinder racks affixed in such a manner that the
lower two-thirds of the matter is not exposed to view.
13.24.110 SPECIAL STANDARDS DISTRICTS
A. The City Council finds that those areas in the City which have been designated
"Special Standards Districts" ("Districts") pursuant to the City's Municipal Code
at sections 17.16.080, 17.16.090 and 17.16.100, and as may be added to the City
Code by amendment process, due to their unique characteristics require a different
set of standards for newsracks as provided below.
B. Notwithstanding any contrary provisions in this chapter, the following standards
will apply to newsracks and the placement of publications in newsracks within
any Special Standards District as provided for in subdivision `A' of this section:
1. No newsrack will be located in a Special Standards District except with a
Special Newsrack Container. Special Newsrack Containers will be
supplied by the City.
2. The name and/or logo otherwise permitted pursuant to Section 13.24.080
may be placed only on the front face of the box.
C. Original placement of newsracks within a Special Standards District.
1. No newsrack can be located in a Special Standards District unless a permit
has been obtained in accordance with this section.
2. Within 30 days after the effective date of this Ordinance or after the
creation of a Special Standards District by amendment to the City's
Municipal Code, or as soon as practical thereafter, the City Engineer must
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establish a date (the "cut-off' date) by which application must be made to
the City Engineer for every newsrack proposed to be located within a
Special Standards District. No application will be considered that is filed
later than the cut-off date established for that area. The City Engineer
must give notice of the cut-off date by publication once in a newspaper of
general circulation in the City. The City Engineer will endeavor to mail
notice of the cut-off date to the owners and/or distributors of newsracks
existing as of the effective date of the ordinance creating another a Special
Standards District under the City's Municipal Code; however, failure to
provide mailed notice to any person will not invalidate any action taken
pursuant to this section or this Chapter.
3. The process for obtaining a permit must be in accordance with
Section 13.24.040, provided however that where the number of newsracks
for which application has been made exceeds the number of Special
Newsrack Containers available in a Special Standards District, the City
Engineer will issue newsrack permits in the manner described in Section
13.24.020.
4. After the original placement of newsracks within a Special Standards
District, as described in subparagraph C.2. of this subsection, application
may be made for placement of a newsrack in a location within a Special
Standards District for which no empty Special Newsrack Container is
available. Such applications will be placed on a waiting list. In the event
a Special Newsrack Container becomes available, the City Engineer will
issue a permit for the location, if multiple applicants for a single location,
the City Engineer will determine which applicant will receive the permit
in the manner described in Section 13.24.020.
13.24.120 ABATEMENT, IMPOUND AND APPEAL PROVISIONS
A. Abatement. Upon a determination by the City Engineer that a newsrack has been
installed, used or maintained in violation of any of the provisions of this Chapter,
the Engineer must 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 must 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 must
specifically describe the offending condition and specify actions necessary to
correct it. If the permittee fails to properly correct the offending condition within
10 working days after receipt of the order, or file an appeal as permitted under this
Chapter, the City Engineer must cause the offending newsrack to be summarily
removed and processed as unclaimed property under applicable provisions of law
relating thereto. If the permittee of the offending newsrack cannot be identified,
the newsrack must 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.
Ordinance No. 05-3
Page 15
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 must 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 will be held on a
date no more than ten (10) days after receipt of the letter of appeal. Appellant
must be given at least five (5) days' notice of the time and place of the hearing.
The City Manager must 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 must impound any newsrack 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 newsrack subject to this Chapter will 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 newsrack in question will be deemed to be unclaimed property and
may be disposed of in accordance with law.
D. The City Engineer or Engineer's designee may sell or otherwise dispose of any
newsrack 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 newsrack, in the City treasury, pursuant to California
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 must make a written decision effective immediately.
E. If, after appeal, the impounded newsrack is found not to have been in violation of
this Chapter, the newsrack shall be returned to the permittee, or other claimant,
without payment of any impound fee or, if an impound fee has previously been
paid, the impound fee shall be refunded.
13.24.130 SUMMARY ABATEMENT
A. . Notwithstanding the provisions of Section 13.24.120, prior notice and an
opportunity to be heard will not be required prior to the removal of any newsrack
that is installed or maintained in such a place or manner as to pose an immediate
threat to persons, vehicles or property or any newsrack that is placed in any
location without a permit. In such case, the City must proceed in the following
manner:
1. Within the next working day following removal, the City Engineer will
notify by telephone the permittee or, in the case of an unpermitted
newsrack, the owner of the newsrack or a person whose name is shown on
the required identification. Within three (3) business days, the City
Ordinance No. 05-3
Page 16
Engineer will send written confirmation of the telephoned notice. The
written confirmation must contain the reason for the removal and the
information supporting the removal, and must inform the recipient of the
right to request in writing within ten (10) business days a post-removal
meeting within four (4) business days of the date of such written notice.
2. Upon timely request, the City Engineer will provide a meeting within
4 business days of the request, unless the requesting party agrees to a later
date. The meeting will be informal, but oral and written evidence may be
submitted by both sides. The City Engineer will make a determination in
writing within 2 business days after such meeting. If the City Engineer
finds that the removal was proper, the City Engineer will notify the
requesting party to pay any applicable penalties and costs and how to
recover the newsrack. If the City Engineer finds that removal was
improper and that the placement of the newsrack was lawful, the City
Engineer will order the newsrack to be released and re -installed without
charge.
3. If the owner of an unpermitted newsrack cannot be determined and the
newsrack does not contain the required identification, no notice of the
removal will be required.
13.24.140 ABANDONMENT
In the event a newsrack remains empty for a period of thirty (30) continuous days, it will
be deemed abandoned, and may be treated in the manner provided in Section 13.24.120
for newsracks in violation of the provisions of this Chapter.
13.24.150 NUISANCE
Any newsrack or any material in a newsrack placed, installed or maintained in violation
of this chapter will constitute a public nuisance and may be abated in accordance with
applicable provisions of law.
13.24.160 VIOLATION - PENALTY
Any permittee violating the provisions of this Chapter is subject to prosecution as a
misdemeanor.
13.24.170 VIOLATION - OTHER REMEDIES
The provisions of this Chapter will not limit any other remedies authorized by law.
Expedited Review. Pursuant to California Code of Civil Procedure § 1094.8(c), and any
successor statute or regulation, the permits under this chapter are designated for
Ordinance No. 05-3
Page 17
expedited judicial review pursuant to the procedure set forth in California Code of Civil
Procedure § 1094.8, or any successor statute or regulation.
SECTION 3. The City Engineer will not be required to remove or cause the removal of
any existing newsrack from a public sidewalk or parkway by reason of the failure of the owner to
comply with the provisions of this Ordinance until 30 days from the effective date of the
Ordinance have first elapsed. Thereafter, the placement of such newsracks must comply with all
provisions of this Ordinance. The City Engineer is directed to send written notice, as soon
hereafter as practicable to the owners of all existing newsracks located on the public right-of-way
in the City, of the content of this Ordinance to be codified as Chapter 13.24.
SECTION 4. If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 5. The City Council finds that this project (newsrack ordinance) is exempt
from the provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b) (3) of the CEQA Guidelines, because it can be seen with certainty that there is
no possibility that this project will have a significant effect on the environment. The ordinance
establishes regulations that will be followed in the issuance of ministerial permits and in code
enforcement activities.
SECTION 6. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of City of Santa Clarita's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and, within
fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or
posted in accordance with California law.
SECTION 7. This Ordinance will take effect on thirty (30) days following its final
passage and adoption.
PASSED, APPROVED AND ADOPTED this 22°d day of February, 2005.
CITY CLERK
Ordinance No. 05-3
Page 18
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Ordinance No. 05-3 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 8`h day of February, 2005. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the 22°d day
of February, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Ferry, McLean, Weste, Kellar, Smyth
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Ordinance No. 05-3, adopted by the City Council of the City of
Santa Clarita, CA on February 22, 2005, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk