Alhambra Municipal Code Ch. 13.34 Newsracks on City Streets

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NEWSRACK. Any self-service or operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers or news periodicals.

PARKWAY. That area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. PARKWAY shall also include any area within a roadway which is not open to vehicular travel.

ROADWAY. That portion of a street improved, designed, or ordinarily used for vehicular travel.

SIDEWALK. Any surface provided for the exclusive use of pedestrians.

STREET. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

('86 Code, § 13.34.010) (Ord. 3918, passed - - )

No person shall install, use or maintain any newsrack or other structure which projects into, onto or over any part of any roadway of any public street, or which rests wholly or in part upon, along or over any portion of the roadway of any public street.

('86 Code, § 13.34.020) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

(A) No person shall install or maintain any newsrack which in whole or in part rests upon, in, or over any street without registering the newsrack with the city within 24 hours of placement and without otherwise complying with the provisions of this chapter.

(B) Such registration shall be in writing by the owner of the newsrack or his authorized agent, shall be filed with the Director of Public Services or, in the event city hall is closed, with the Director of Public Safety, and shall contain the following:

(1) The name, address and telephone number of the owner of the newsrack and the name and address of the person to whom any notice pursuant to this chapter should be given;

(2) The location at which the newsrack is to be installed and maintained;

(3) An executed document, approved as to form by the City Attorney, by which the registrant agrees to indemnify and hold harmless the city, its officers, employees and agents from any claim, demand, or judgment in favor of any person, arising out of activities or inactivities of the registrant with respect to the location, installation, maintenance, or removal of the registrant's newsracks from time of placement;

(4) A certificate of insurance evidencing that a liability insurance policy and a property damage insurance policy have been issued effective as of the time of placement, naming the city as an additional insured, in an amount of not less than $500,000 minimum liability per occurrence on account of personal injury (including bodily injury) per person and $1,000,000 limit per occurrence. The minimum for property damage shall be in the amount of $250,000. The evidence of insurance filed with the city shall include a statement by the insurance carrier that 30 days' written notice by certified mail will be given to the city before any amendment, modifica-tion, or cancellation of coverage.

('86 Code, § 13.34.030) (Ord. 3918, passed - - ; Am. Ord. 4053, passed - - )

No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway when such installation, use or maintenance endangers the safety of persons or property, or which site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the location.

('86 Code, § 13.34.040) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

No such newsrack shall be placed, installed, used or maintained in a parkway where both the parkway and the newsrack are immediately adjacent to property zoned R-1, as such zone is defined in Title 23 of this code. The provisions of this section shall not prohibit the location of newsracks in a parkway in the zones, where both the parkway and the newsrack are adjacent to a public building, exclusive of elementary, junior high and high schools, which is open to and used by the public.

('86 Code, § 13.34.050) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following specifications:

(A) The newsrack shall not exceed 60 inches in height, 30 inches in width, or 24 inches in thickness;

(B) The newsrack shall not be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object; provided, however, the newsrack may be securely anchored to the ground or sidewalk;

(C) The newsrack shall be installed on a single or multiple pedestal-type or modular-type base; provided, however, not more than four newsracks shall be installed on any one base.

('86 Code, § 13.34.060) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

(A) Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:

(1) Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack. All newsracks must be level.

(2) Notwithstanding the provisions of § 13.34.040 of this chapter, no newsrack shall be placed, installed, used or maintained:

(a) Within five feet of any marked crosswalk;

(b) Within five feet of any curb return;

(c) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;

(d) Within five feet of any driveway;

(e) Within five feet ahead of and 25 feet to the rear of any sign marking a designated bus stop;

(f) Within six feet of any bus bench or transit advertising shelter;

(g) Within three feet of any area improved with lawn, flowers, shrubs or trees or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(3) No newsrack shall be used for adver-tising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(4) Each newsrack shall be maintained in a clean, neat and safe condition and in good repair at all times.

(B) Newsracks may be placed next to each other; provided, however, no group of newsracks shall extend more than 15 feet along a curb or wall, and no such group of newsracks shall be located within five feet of any other group of newsracks.

('86 Code, § 13.34.070) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

Publications offered for sale from any newsrack, which in whole or in part rests upon, in or over any public sidewalk or parkway, shall not be displayed or exhibited in a manner which exposes to public view from the public sidewalk or parkway any of the following:

(A) 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.

(B) Any picture or illustration of less than completely and opaquely covered human genitals, pubic hair, pubic region, perineums, anuses, anal regions, the female breast below a point immediately above the top of the areola, and male genitals in a discernibly turgid state, even if completely and opaquely covered, where such picture or illustration has as its purpose or effect sexual arousal, gratifica-tion or affront.

(C) Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront. Explicit sexual acts, as used in this section, 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 act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.

('86 Code, § 13.34.080) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

The display of material which is harmful to minors as defined by Cal. Penal Code § 313(a) is prohibited unless it is screened from public view by placement of a blinder rack satisfactory to the Director of Public Works or his or her designee.

('86 Code, § 13.34.085) (Ord. 4181, passed - - ) Penalty, see § 1.12.010

Within 30 days after this chapter becomes effective every person or other entity which places or maintains a newsrack on the streets of the city shall have his or its name, address and telephone number affixed thereto in a place where such information may be easily seen.

('86 Code, § 13.34.090) (Ord. 3918, passed - - ) Penalty, see § 1.12.010

(A) Whenever the Director of Public Works is advised that a newsrack has been installed or is being maintained in violation of this chapter, he shall so notify the person in whose name the newsrack is registered pursuant to § 13.34.030. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the City Manager within ten days after the giving of such notice, and the procedure for requesting such a hearing.

(B) A timely request for a hearing shall stay any impounding, provided that if the violation is not corrected within five days after the decision at such hearing becomes final, the Director of Public Works may impound the newsrack in accordance with division (D).

(C) Notwithstanding division (A), in the case of violations of this chapter relative to restrictions upon attachments of newsracks to private property other than that owned by the owner of the newsrack, to fixed objects, or to each other, and upon location of newsracks, the Director of Public Services may, as an alternative to the procedure specified in division (A), move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.

(D) Whenever a newsrack is impounded pur-suant to division (A), the newsrack shall be removed by the Director of Public Services and stored in any convenient place. The Director of Public Services shall notify the owner thereof by service of a “notice of removal.” Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage therefor. Upon failure of the owner to claim such newsrack and pay the reasonable charges within 45 days after the mailing of written notice of removal, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions of Chapter 3.24 of this code.

(E) Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public, and which violation cannot be corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director of Public Services shall notify the owner thereof by service of a “notice of removal.” Such notice shall state the date the news-rack was removed, the reasons therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the City Manager, if desired. Any such newsrack removed and stored pursuant to this division shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack and pay the reasonable charges within the 45-day period, such newsrack shall be deemed to be unclaimed property in possession of the Police Department and may be disposed of pursuant to the provisions of Chapter 3.24 of this code.

(F) Within ten days of the notice of violation, or notice of removal of a newsrack summarily impounded, the person in whose name the newsrack is registered pursuant to § 13.34.030, or other person who provides satisfactory proof of ownership, may request a hearing before the City Manager. The request shall be in writing, shall state the basis thereof, and shall be filed with the Director.

(G) The hearing shall be held within five working days of the filing of the request, unless continued for good cause. At the hearing any person may present evidence or argument as to whether the newsrack has violated this chapter. Within two working days after the close of the hearing, the City Manager shall render a decision in writing. Notice of the decision shall forthwith be given to the person who requested the hearing.

(H) All notices shall be sent by registered mail to or personally served upon the registrant at the address shown on the registration.

(I) As used in this chapter, “Director of Public Services” and “City Manager” shall mean those persons or their designates.

('86 Code, § 13.34.100) (Ord. 3918, passed - - ; Am. Ord. 4053, passed - - )

The Director of Public Services shall keep and maintain an index file of all registrations effected under the provisions of this chapter. Such registrations shall be open to inspection or copying by the public.

('86 Code, § 13.34.110) (Ord. 3918, passed - - ; Am. Ord. 4053, passed - - )

(A) The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with the provisions within 90 days of the effective date thereof.

(B) Any newsracks not brought into compliance with the aforesaid time period shall be deemed to be in violation of this chapter, subject to the notice and hearing provisions provided herein.

(C) The Director of Public Works shall notify all publications or distributors who, at the effective date of the ordinance codified in this chapter, have newsracks located within the city, of the enactment of this ordinance by mailing a copy thereof to each such distributor or publication.

('86 Code, § 13.34.120) (Ord. 3918, passed - - )

The provisions of this chapter providing for administrative remedies is hereby declared to be an alternative procedure to any other remedy provided by law. In the event an election is made to file criminal proceedings, notice thereof shall be given in the initial administrative notice required to be given above.

('86 Code, § 13.34.130) (Ord. 3918, passed - - )