Chapter 13.54 — UNAUTHORIZED REMOVAL OF NEWSPAPERS

The purpose of this chapter is to prohibit the unauthorized removal of newspapers before they reach their intended reading public, including the unauthorized removal of newspapers circulated to the public free of charge, because such conduct injures the people of the City by depriving them of informative printed news, entertainment, and public notices. (Ord. 6777-NS § 1, 2003)

A. Newspaper. For purposes of this chapter, "newspaper" shall mean any publication made available to the public on a periodic basis (whether daily, weekly, monthly or quarterly), regardless of whether a fee is charged for the publication. "Newspaper" includes magazine.

B. Newsracks. For purposes of this chapter, "newsracks" shall mean any self-service or coin-operated box, container, storage unit, or other dispenser, installed, used, or maintained for the display, distribution, or sale of newspapers.

C. Residential property. For purposes of this chapter, "residential property" shall mean any property attached or adjacent to a single-family residence, apartment, or other building used as a residential dwelling where a person would reasonably expect newspapers to be placed for the use of individuals residing in the building. Such property includes, but is not limited to, any front yard, driveway, or mailbox associated with such dwelling.

D. Storefront. For purposes of this chapter, "storefront" shall mean any property attached or adjacent to a business, including but not limited to grocery or convenience stores, where a person would reasonably expect newspapers to be placed for the use of the business.

E. Bundles. For purposes of this chapter, "bundles" shall mean a quantity of newspapers gathered or bound together by a publisher or distributor for the purpose of distribution to merchants, retailers, or its intended audience.

F. Bundle drop locations. For purposes of this chapter, "bundle drop locations" shall mean places where bundles are placed for subsequent distribution or sale by authorized delivery persons, merchants, or retailers. (Ord. 6777-NS § 1, 2003)

A. It shall be unlawful for any person to remove more than one copy of a newspaper from any newsrack, or to damage said newspapers, for the purpose of depriving others of the opportunity to read said newspapers. This prohibition shall not apply to the authorized representative of the owner or operator of any newsrack, or any publisher, authorized printer, or authorized distributor of said newspaper.

B. It shall be unlawful for any person to remove a newspaper from any residential property, or to damage said newspaper, for the purpose of depriving others of the opportunity to read said newspapers. This prohibition shall not apply to the intended recipient at the residential property where the newspaper is delivered.

C. It shall be unlawful for any person to remove a bundle from any storefront or bundle drop location, or to damage said newspapers, for the purpose of depriving others of the opportunity to read said newspapers. This prohibition shall not apply to the authorized representative of the owner or operator of any storefront, the intended recipient of said bundle, or any publisher, authorized printer, or authorized distributor of said newspaper.

D. It shall be unlawful for any unauthorized person to remove newspapers or a bundle from any newsrack, storefront, or bundle drop location, for the purpose of (1) selling such newspapers to any recycler, or (2) selling, trading, or bartering such newspapers to anyone for any payment. This prohibition shall not apply to the authorized representative of the owner or operator of any newsrack or storefront, the intended recipient of said bundle, or any publisher, authorized printer, or authorized distributor of said newspaper.

E. It shall be unlawful for a recycler, or any other person or entity, to purchase more than one copy of any newspaper, or to obtain more than one copy of any newspaper through trade or barter, from any person selling or trading said newspapers under circumstances that are sufficient to give a reasonable person knowledge that the seller or trader has removed, taken, or appropriated such newspapers without authorization before they reached their intended reading public. Circumstances sufficient to give a reasonable person such knowledge include, but are not limited to, being offered for purchase, trade or barter a bundle or bundles of multiple copies of the same edition of a newspaper by any person other than a publisher, printer, distributor, or retail seller of such newspaper, or an authorized representative of such a publisher, printer, distributor, or retail seller. (Ord. 6777-NS § 1, 2003)

Any recycler or other person or entity purchasing newspapers in quantities of greater than 100 pounds per transaction, shall be required to record the following information for each such transaction: the seller’s name, address, phone number, valid driver’s license or California identification card number, automobile license plate number, amount of newspapers, and amount paid per transaction. Any recycler or other person required to keep records pursuant to this section shall maintain such records and make them available for inspection for at least one year. (Ord. 6777-NS § 1, 2003)

If any subsection, sentence, clause, phrase, or word of this chapter is for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this chapter or any part thereof. The Council hereby declares that it would have adopted this chapter notwithstanding the unconstitutionality, invalidity, or ineffectiveness of any one or more of its subsections, sentences, clauses, phrases, or words. (Ord. 6777-NS § 1, 2003)