Big Bear Lake Municipal Code Ch. 12.60 Newsracks on Public Property

Footnotes:

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Editor's note— Ord. No. 2009-386, §§ 1, 2, adopted March 23, 2009, repealed and reenacted Chapter 12.60 in its entirety to read as herein set out. Formerly, Chapter 12.60, §§ 12.60.010—12.60.140 pertained to newsrack regulations and permits, and derived from Ord. No. 97-280, § 1, adopted 1997. For additional regulations pertaining to newsracks, the user's attention is directed to Chapter 17.04.

This chapter shall be known as the "Big Bear Lake Placement and Maintenance of Newsracks on Public Property Ordinance."

(Ord. No. 2009-386, § 2, 3-23-2009)

The city council hereby finds and declares:

A. The city has significant interests in: (1) promoting vehicular traffic and pedestrian safety and convenience; (2) preventing damage to public sidewalks, structures, and landscaping; (3) preventing visual clutter, and (4) protecting the unique aesthetic and historical character of the "Village L."

B. The city has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that public streets, sidewalks and rights-of-way in the city are not unreasonably obstructed by newsracks and that newsracks are properly maintained.

C. In recent years, the proliferation of newsracks on the streets and sidewalks of the city, in particular excessive, poorly maintained or abandoned newsracks, have contributed to the congestion of the city sidewalks, impeded the flow of pedestrian traffic, interfered with the use of streets, sidewalks and public rights-of-way, presented hazards to persons and property and resulted in substantial visual blight.

D. The city has a substantial interest in preserving and protecting the unique visual and aesthetic qualities of the city. To that end, and consistent with the city's general plan the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks, poorly maintained newsracks and the unrestricted placement of newsracks on streets, sidewalks and rights-of-way in the city.

E. After extended inquiry by the city council and city staff, it has become clear that the most effective way to reduce the visual clutter and hazards associated with excessive numbers of newsracks and unregulated design or appearance of such newsracks is to prohibit the unlimited placement of private newsracks in the city and instead, institute a program to provide city-approved fixed pedestal newsracks of a consistent design, placement and color.

F. Thus, the purpose of this chapter is to promote the public health, safety and welfare and the aesthetic qualities of the city by controlling the size, shape, construction and appearance of newsracks in the city, as a reasonable time, manner and place regulation, so as to:

1. Provide for pedestrian and driving safety and convenience;

2. Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

3. Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks;

4. Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located or abandoned newsracks;

5. Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;

6. Protect the unique architectural, historical and aesthetic attributes of the city;

7. Reduce exposure of the city to personal injury or property damage claims and litigation;

8. Provide for public and property safety during emergency conditions;

9. Maintain and protect the values of surrounding properties; and

10. Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, delivery areas, loading zones, transit shelters, curb and handicapped ramps and other street furniture;

G. In adopting this chapter, the city council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and article I, section 2 of the California Constitution. To that end, the city council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

H. Given the limited space available within the city's rights-of-way, the city has a substantial interest in devising a systematic approach to newsrack removal and placement in the city to ensure a fair and equitable distribution of newspapers and periodicals. The city council declares that this objective and the other aforementioned objectives are best achieved by adopting this chapter and creating regulations to allow fixed pedestal newsracks of a consistent design, placement and color and also by enhancing aesthetic character of public areas through uniformity in appearance.

I. The city council further declares that allowing only newsracks of a consistent design, placement and color in the city directly promotes the city's interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical attributes of the city and advancing the economic interests of the city merchants and other information providers.

(Ord. No. 2009-386, § 2, 3-23-2009)

For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:

A. "Approved newsrack base or pedestal" means a pole-type pedestal constructed of metal material with a single flange at the bottom to be bolted into the sidewalk.

B. "Block" means both sides of a public street between two consecutive intersecting public streets.

C. "Business day" shall mean Monday through Friday, inclusive, of every week excepting holidays for which the city is closed to official business.

D. "Department" means the city public works department.

E. "Director" shall mean the city engineer/public works director or his or her designee. The director is hereby designated as the administrative enforcement official for this chapter and may issue an order to correct, a notice of relocation, or a notice of removal pursuant to this chapter.

F. "Equivalent" means any newsrack or pedestal that is of the same size, dimensions, color and style of the newsracks permitted by section 12.60.100 or pedestals permitted by subsection 12.60.030 A., and meeting all other standards required by this chapter.

G. "Harmful matter" has the meaning set forth in section 313 of the California Penal Code, or in any successor provision.

H. "Hearing officer" means and independent person appointed by the city manager or his or her designee to serve as a hearing officer for appeal hearings.

I. "High density newsrack area" means a block in which it is likely that there will be more applications for newsracks than there will be permits issued for newsracks under the standards set forth in this chapter.

J. "Local circulation" means the total circulation of the specific publication for which a permit is sought in the most recently published, independently audited circulation report for the city, by zip code or by community area, whichever reflects more accurately the corporate boundaries of the city and using a weighted average that includes daily weekly, Sunday and weekend editions, whichever is applicable.

K. "Modular boxes" shall mean a kiosk-like structure that simultaneously houses a bank or banks of modular news-boxes. The device is be secured to a firm hard surface such as a concrete sidewalk with the use of anchor bolts or similar means.

L. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or periodicals.

M. "Off-premises advertisement" means any sign or placard advertising a business located more than 20 feet away from the sign or placard.

N. "Parkway" means that area between the sidewalk and the curb of any public street, and where there is no sidewalk, that area between the edge of the public street and the property line adjacent thereto. Parkway shall also include any area within a public roadway that is not open to vehicular travel.

O. "Permit" means a permit issued pursuant to this chapter allowing the placement of a newsrack within a specifically designated portion of a public sidewalk, parkway or other city-owned property.

P. "Person" means any individual, firm, company, corporation or other organization.

Q. "Public sidewalk" means any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.

R. "Public street" means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

S. "Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular travel.

T. "Setback" shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line.

U. "Shared permit" means a permit issued to a person as a primary applicant providing for the sharing of one or more newsracks between or among specified publications as long as all of the standards of this chapter are otherwise met. The primary applicant shall be considered the permittee for all purposes under this chapter except as otherwise expressly set forth herein.

V. "Village L" shall mean Village Drive from east of Paine Road to west of Knickerbocker Road, and Pine Knot Avenue from south of the entrance to Pine Knot Landing to north of Cameron Drive.

(Ord. No. 2009-386, § 2, 3-23-2009)

No person shall install, use or maintain any newsrack or other related structure that projects onto, into or over any part of the roadway of any public street or that rests, wholly or in part, upon, along or over any portion of the roadway of any public street unless in compliance with this chapter.

(Ord. No. 2009-386, § 2, 3-23-2009)

No person shall install, use or maintain any newsrack that 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 when such 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 parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects or uses permitted at or near said location.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. No person shall install or maintain any newsrack that in whole or in part rests upon, in or over any public sidewalk or parkway without first obtaining an encroachment permit from the public works department under this chapter.

B. Applications for permits for newsracks shall be made to the public works department and shall contain the following as to each newsrack:

1. The name, address, telephone number (and facsimile or electronic mail address, if available) of the owner of the newsrack;

2. The name, address, telephone number (and facsimile or electronic mail address, if available) of the responsible person whom the city may notify or contact at any time concerning the newsrack;

3. The exact proposed location of the newsrack by block, specific street address (county assessor's parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter, and any and all other items as determined are necessary by the director;

4. A color photograph and model number of the type of newsrack being used;

5. The name of the publication to be contained in each newsrack;

6. A hold harmless agreement pursuant to section 12.60.170;

7. Agreement to adhere to each provision of this chapter;

8. Any required fees, as established by ordinance or resolution of the city council;

9. A certificate of insurance pursuant to section 12.60.100;

10. In the case of a shared permit, all of the information set forth above must be supplied for all publications sharing the newsrack. In addition, the primary applicant shall assume responsibility and authority for complying with all of the standards of this chapter for the shared permit, and all publications sharing the newsrack must assent to the assumption of responsibility and authority by the primary applicant.

C. The director shall be provided a copy of each completed newsrack application within ten business days following the receipt of such application. The director shall review all completed applications for newsrack permits requested under this chapter for consistency with this chapter. The director shall deny an application for a permit not in compliance with this chapter.

D. The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the city shall not be valid.

E. The issuance of a permit based on plans and other data shall not prevent the director from thereafter requiring the correction of errors in said plans or data or from preventing operations being carried on when in violation of this Code or of any other ordinance of the city.

F. Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.

G. Except for permits issued pursuant to the initial implementation plan, newsrack permit applications shall be filed between October 1 and November 30 for a permit to be issued for the subsequent calendar year and in order to utilize the priority established pursuant to subsection 12.60.080 D.; provided however, that permits may be applied for throughout the remainder of the year without obtaining the priority established pursuant to subsection 12.60.080 D. Each permit shall be valid for a term of no more than one year, commencing on the earlier of the issuance of the permit, or if application is made during the month of October or November, on January 1 of the following year, and terminating automatically on the next occurring December 31.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. A permit shall be granted, denied or granted conditionally by the director within 20 business days after a completed application is filed. The director shall provide written notice to the applicant of its decision at the address provided by the applicant pursuant to subsection 12.60.060 B.2., providing the specific cause for the denial. Bases for denial or conditional granting shall be limited to those set forth in this chapter.

B. An initial implementation program shall take place starting on the effective date of the ordinance codified in this chapter and ending 90 calendar days thereafter. All applications for newsrack permits received during the initial implementation program shall be deemed filed as of the last calendar day of the initial implementation program, so that there will be no priority given for location based upon the time the application was submitted, and shall be granted in no later than the time frames set forth in subsection A. of this section.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. In addition to any other requirements of this chapter, no more than eight individual newsracks or 16 newsracks contained in a modular box may be located on any particular block in accordance with the standards set forth in section 12.60.100.

B. If a permit application for a specific geographic location is received and said geographic location complies with the standards set forth in section 12.60.100, and all other requirements of this chapter are met, said application shall be approved on a first come, first served basis, except that all applications accepted during the initial implementation program, described in subsection 12.60.070 A. of this chapter, shall be deemed pending as of the same date and time. If there is more than one application for a specific geographic location pending, then the priority for granting the applications shall be as set forth in subsection D. of this section.

C. If permit applications in excess of the number of potential locations that are then available are pending or if, during the time from October 1 to November 30, a permit application is made that would, if that permit were issued, create a number of newsracks in excess of the number of potential locations that are then available, then the priority for granting applications shall be as set forth in subsection D. of this section. Such priority shall not be granted with respect to any permit applied for during the remainder of the calendar year.

D. No applicant may be granted priority for a newsrack location for a publication at a location for which that specific publication has already been granted a permit or is part of a shared permit. Priority shall be given as follows:

1. First, to newsracks used for the sale or distribution of publications adjudicated as newspapers of general circulation pursuant to California Government Code Section 6000 et seq.

2. Second, to newsracks used for the sale or distribution of daily publications, those published and distributed on five or more calendar days in a calendar week. Among daily publications, priority will be granted according to highest local circulation.

3. Third, to newsracks used for the sale or distribution of weekly publications, those published and distributed on at least one but less than five calendar days in a calendar week.

4. Fourth, to newsrack used for the sale or distribution of all other publications not described in subsections 1., 2. or 3. Among these publications, priority shall next be given based on frequency of publication, with the higher priority given to publications for which new editions or issues were published most frequently in the full calendar month preceding the date of application.

5. Within groups of applicants with the same frequency of publication and within groups of applicants not entitled to priority, permits shall be granted to the maximum allowable in a block by the drawing of lots as follows: the director shall assign the location at random by placing the name of all applicants for the remaining locations into a container from which the names shall be drawn, one at a time, by the director, until the remaining number of locations is filled.

6. The priority for granting a shared permit shall be based upon the frequency of publication of the primary applicant for the shared permit.

7. Any permit that cannot be granted on the unavailability of a location as set forth in this chapter shall instead be approved for a location on that block that complies with the requirements of this chapter that is in closest proximity to the requested location.

E. It shall be a condition of any permit granted according to a priority set forth in this section to maintain editions in the newsrack according to the frequency for which the priority was given.

(Ord. No. 2009-386, § 2, 3-23-2009)

If a permittee is in compliance with this chapter, a permit may be renewed for each successive calendar year by timely payment of the renewal fee established by ordinance or resolution of city council, the filing of a complete city renewal application at any time from October 1 to November 30, and approval by the director.

(Ord. No. 2009-386, § 2, 3-23-2009)

A permit issued for the installation of any newsrack in or over any public sidewalk or parkway shall comply with the following installation standards:

A. All newsracks shall comply with the American with Disabilities Act, and no newsrack shall exceed 48 inches in height, including the base and exclusive of the coin mechanism, 30 inches in width, or two feet in depth. The coin mechanism shall not extend above the top of the box of the newsrack.

B. All newsracks at the same location must be uniform in dimensions, design, color, construction and made of metal but not wire metal.

C. Newsracks shall be painted a bronze anodized color. Base pedestal and/or tray structure shall be a matching color or black. Notwithstanding the foregoing sentence, newsracks may have one side of the newsrack that contains the newspaper or periodical made of plexiglass or other transparent, non-shattering material; provided however, that all other standards, including, without limitation, the limit on lettering contained in subsection 12.60.110 D. shall remain applicable.

D. Newsracks shall only be placed adjacent to a curb or adjacent to the wall of a building. Newsracks placed adjacent to the curb shall be placed no closer than 18 inches and no more than 24 inches from the back 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. No distribution rack shall be attached to any building or structure in such a manner as to extend into or over the public right-of-way.

E. Except as set forth herein, no newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, to any street furniture or to any other permanently fixed object (including, without limitation, any other newsrack that it is not sharing a pedestal with) other than the sidewalk. Each newsrack shall be installed on an approved newsrack base, shall be securely attached to the sidewalk with hardware and in a fashion approved by the director in the exercise of safe engineering practices.

F. Newsracks shall be placed immediately adjacent to each other either in groups of individual units or in modular boxes whether placed on single pedestal or on a multiple pedestal tray mount system. The area dedicated for new racks shall not exceed 12 feet in width and two in-depth for each location.

G. Without limiting the provisions of section 12.60.050, and except as explicitly indicated herein, no newsrack shall be placed, installed, used or maintained:

1. Within 15 feet of any marked crosswalk;

2. Within 15 feet of the curb return of any unmarked crosswalk;

3. Within five feet of any fire hydrant, utility pole, traffic signal controller, traffic signals, or other emergency facility;

4. Within three feet of any utility meter, traffic control sign post, manhole, service box, parking meter, street light pole or other utility;

5. Within ten feet of any driveway or alley approach;

6. Within five feet ahead of, and 15 feet to the rear of any sign marking a designated bus stop;

7. Within six feet of any bus bench or bus shelter;

8. At any location where the clear space for the passageway of pedestrians, other than between groups of newsracks, is reduced to fewer than four feet;

9. Within three feet of any permitted sidewalk dining area or 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 unless an engineering study in a high density newsrack area concludes that a minor variance is consistent with the purposes of this chapter;

10. Within the boundary of a valet parking zone or any loading/unloading zone;

11. At any location where street furniture may not generally be installed because of potential harm to subterranean structures;

12. Within any zone designated as residential within the city;

13. More than ten inches from another newsrack occupying the same pedestal; or

14. Adjacent to any area where the director has previously determined that the parking and stopping of a vehicle would constitute a traffic hazard or would otherwise endanger life or property.

H. Only one newsrack location may be allowed on any public street within a space of 200 feet in any direction within the same block of any public street.

I. No group of newsracks shall extend more than 12 feet along any curb, building, wall or public street.

J. Newspapers or publications may only be attached or placed for display on one side of any newsrack, including, without limitation, any newsrack permitted to have more than one side containing plexiglass or other non-shattering transparent material.

K. Newsracks and modular boxes shall be permitted in parking lots owned by the city, improvement agency, or financing authority and within the "Village L" pursuant to a city-owned newsrack program as may be established and revised from time to time by the city.

(Ord. No. 2009-386, § 2, 3-23-2009)

Every person issued a permit for a newsrack under this chapter shall observe and comply with the following standards, and any person failing to observe these standards shall be liable for civil, criminal and administrative remedies, and administrative penalty citations as set forth in this Code for each calendar day or portion thereof that such newsrack remains in violation:

A. Each newsrack shall be maintained and serviced so that it is free of:

1. General dirt and grease;

2. Chipped, faded, peeling, and cracked paint, or on all visible painted areas;

3. Rust and corrosion on all visible unpained metal areas;

4. Cracks, dents, blemishes, and discoloration in the clear plastic parts, if any, through which publications are viewed;

5. Tears, peeling, or fading in the paper or cardboard parts and inserts;

6. Broken and misshapen structural parts; and

7. Graffiti, stickers and etchings.

B. Each newsrack, including any coin-return mechanism, shall be mechanically operable.

C. Newsracks shall contain current editions of the publication for which the permit was issued.

D. No newsrack shall be used for advertising signs or publicity purposes whatsoever other than the following:

1. A single, one line, identification of the name of the newspaper or periodical located within the newsrack shall be permitted for each newsrack. Such identification shall be limited to any one side of the newsrack. Identification lettering shall not exceed three inches, shall be printed in white color and shall be centered at four inches from the top of the newsrack.

2. A single, removable promotional placard shall be permitted for each newsrack so long as the placard does not contain an off-premises advertisement and is not facing the roadway. Permitted placards, if not weather proof, must be changed no less often than once every 14 calendar days. The same placard may not be used more than once in any consecutive three-month period. The name of the newspaper or publication shall be allowed behind the placard space and shall comply with the lettering requirements on subsection 12.60.110 D.1.

E. No newsrack shall remain empty for a period of 30 consecutive calendar days or longer.

F. No newsrack may contain a publication other than the one for which the permit was issued. The primary applicant for a shared permit may add or remove publications from a shared permit or permit renewal by making application to the public works department and providing the information set forth in subsection 12.60.060 B.

G. Each newsrack will have and maintain on it the name, address, telephone number (and facsimile or electronic mail address, if available) of the person identified in subsection 12.60.060 B.2., as well as the permit number affixed to the newsrack in a place and in a manner required by the director. It shall be unlawful for any person, other than a public officer engaged in official business, to remove or deface any such identifying information. Upon the removal of any newsrack or newsrack base for which a permittee has been issued a permit, that permittee shall notify the director of such removal, in writing, within 15 days of such removal.

H. Except as set forth herein, permits shall not be sold or transferred other than as a part of the sale of all of the assets of the permittee. Any other attempted sale or transfer shall be unlawful and shall void the permit.

I. When use of a newsrack is permanently discontinued, the newsrack shall be removed and the location restored to its previous condition, including, but not limited to, repair of any portion of the sidewalk or parkway damaged by the newsrack or its removal and removal of any protruding bolts or other fasteners, according to specifications provided by the director, in the exercise of safe engineering practices.

(Ord. No. 2009-386, § 2, 3-23-2009)

A condition for issuance of a permit pursuant to this chapter is that every permittee, and person on a shared permit, agrees to defend, indemnify and hold harmless the city, its officials, officers, agents and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant's newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.

(Ord. No. 2009-386, § 2, 3-23-2009)

Harmful matter shall not be exhibited, displayed, sold or offered for sale in any newsrack located in a public place without adult supervision, other than a public place form which minors are excluded. A newsrack shall be considered to be "supervised by an adult" when either of the following measures are taken to restrict access to harmful matter by persons under 18 years of age: (1) the person receiving the harmful matter is required to use an authorized access or identification card to the newsrack and the owner of the newsrack has taken reasonable measures to assure that the card is issued only to persons 18 years old or older and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under 18 years of age, or that the card is no longer desired; or (2) the owner of the newsrack requires the person using the newsrack to retrieve the harmful matter to use a token and takes reasonable measures to ascertain that only those people who are 18 years of age or older obtain tokens for the newsrack. Persons wishing to use newsracks for the display of harmful matter shall be responsible for paying all administrative and other costs for retrofitting the newsrack and other associated hardware to comply with this section.

(Ord. No. 2009-386, § 2, 3-23-2009)

Upon determination by the director that a newsrack for which a person has been issued a permit has been installed, used or maintained in violation of the provisions of this chapter, including, without limitation, failure to observe any term or condition of the permit or not meeting any condition related to priority for the location of any permit, the director may issue an order to correct, identifying the violation(s) and directing their correction or the removal of the offending newsrack. If, within ten business days following the service of the order to correct, all of the violations listed in the order to correct are not corrected or the newsrack is not removed in accordance with this chapter, the city may cause the correction, removal, impound and disposal of the violating newsrack. The city shall not enforce an order to correct while any administrative appeal of that order to correct or a judicial action challenging the order to correct is pending.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. In the event the director determines that the condition or placement of a newsrack constitutes a dangerous condition or obstruction, as defined in section 12.60.050, and immediate removal is mandated by public need in that it poses a danger to pedestrians or if the director determines that a newsrack has been placed on a public sidewalk or parkway without permit or has been placed in any part of the roadway or has been placed in violation of any other provision of this chapter, the director may cause the newsrack to be removed and stored summarily and without a pre-removal hearing provided the following procedures are followed. The director shall provide the person identified in subsection 12.60.060 B.2., or if there is no such person identifiable then to such person as may reasonably be identified as the newsrack owner, or the publisher of the newspaper or publisher if any such newspaper or publication is located within the newsrack, with a post storage hearing to determine the validity of the storage.

B. A notice of the storage shall be mailed or personally delivered to the person identified in subsection A. of this section within 48 hours following the removal, excluding weekends and holidays, and shall include all of the following information:

1. The name, address, and telephone number of the city.

2. The location of the place of storage and description of the newsrack and publication, if any, which shall include, if known to the director, the color, manufacturer, or model number of the newsrack.

3. The authority and purpose for the removal of the newsrack.

C. The post storage hearing shall be conducted within 72 hours following the city's notice of removal, excluding weekends and holidays. Within 72 hours following the hearing, the hearing officer shall provide a written notice to the appellant providing the specific cause for the decision. Bases for denial shall be limited to those set forth in this chapter.

D. The city shall be responsible for the costs incurred for removal and storage if it is determined in the post storage hearing that reasonable grounds for the removal or storage, as applicable, are not established.

E. The person identified in subdivision A. of this section shall be responsible for the costs incurred for removal and storage if it is determined in the post storage hearing that reasonable ground for the removal or storage, as applicable, are not established or if that person fails to request a hearing in accordance with this section.

F. Upon the expiration of the time period for a person to appeal the hearing entity's determination pursuant to section 12.60.200, the city may dispose of or impound such newsrack and, as applicable, newspaper(s) or publication(s) as unclaimed property.

(Ord. No. 2009-386, § 2, 3-23-2009)

When the director determines that it is necessary to remove a newsrack for the construction or installation of public improvements, a notice to relocate may be issued for the purpose of suspending or terminating the newsrack permit. The person who holds the permit for the newsrack shall be entitled, on permittee's election, to either a pro-rata refund of fees paid during the previous calendar year or to a new permit, without any additional application fee, in the original location or as close to the original location as the standards set forth in this chapter allow.

(Ord. No. 2009-386, § 2, 3-23-2009)

A condition for issuance of a permit pursuant to this chapter is that every permittee, and person on a shared permit, agrees to maintain a policy of public liability insurance, naming the city, its officials, officers, agents and employees as an additional insured, in an amount not less than $50,000.00 combined single limit for any injury to persons and/or damage to property by reason of installation, use and maintenance of such newsrack on public property. The policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the city having been given 30 business days prior written notice thereof by such carrier. The permittee shall provide and keep in force that policy of public liability insurance during such time as it continues to operate any newsrack under the terms of the ordinance codified in this chapter. If the insurance is canceled at any time during the term of the permit, it shall be grounds for revocation of the permit. The application for a permit and all renewal applications shall require an endorsement signed by an authorized officer of such insurer as applicant's proof of such a policy of public liability insurance.

(Ord. No. 2009-386, § 2, 3-23-2009)

A permit issued under this chapter shall not substitute for any encroachment permit required under this Code.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. Newsracks shall only be permitted on public sidewalks, public property and parking lots owned by the city, improvement agency or financing authority within the "Village L" per the map attached as Exhibit A.

B. Any newsrack proposed on a public sidewalk on a side street of Village Drive and Pine Knot Avenue shall be located a minimum of 50 feet from the intersection of those streets as measured from the edge of the public right-of-way. All other provisions of this chapter shall also apply to any such newsrack.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter may appeal such finding, determination, notice, action or failure. An appeal must be perfected within three business days after receipt of notice of any protested finding, determination, notice, action or failure to act by filing with the director a letter of appeal briefly stating therein the basis for such appeal.

B. A hearing before the planning commission shall be held on a date no more than 30 business days after receipt of the letter of appeal, or at the next regular meeting of the planning commission, whichever occurs first, unless appellant requests a longer time period. Appellant shall be given at least five business days notice of the time and place of the hearing. The planning commission shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, action or failure to act should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the matter appealed. At the conclusion of the hearing, the planning commission shall make a final and conclusive determination, setting forth, in detail, the planning commission's findings and conclusions.

C. Notwithstanding any provision in this Code to the contrary, the planning commission's decision shall not be appealable and the decision of the planning commission shall be final for purposes of California Code of Civil Procedure section 1094.6 upon the date the decision is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the appellant.

D. Pursuant to California Code of Civil Procedure section 1094.8, subdivision (c), the city hereby designates actions relating to newsrack permits provided for in this chapter as eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8.

E. All notices required by this chapter to be given by the city to persons with an interest in any newsrack or publication located therein shall be given by first class mail, return receipt requested to the person and at the address provided in subsection 12.60.060 B.2. Service of notices pursuant to this chapter shall be deemed effective upon the earlier of the following: (1) deposit of written notice, properly stamped and addressed into the custody of the United States postal service, or (2) actual receipt by the recipient.

(Ord. No. 2009-386, § 2, 3-23-2009)

Every person required to obtain a permit under the provisions of this chapter shall obtain that permit within 180 days following the effective date of this chapter, meeting all requirements of this chapter. All newsracks shall meet all requirements of this chapter within 180 days following the effective date of this chapter. No amortization period shall be given for newsracks that are made of plastic, wood or wire metal. Any newsrack not brought into conformance within such time periods shall be removed by the newsrack owner, the property owner or person in lawful possession of the subject property. New or replaced newsracks shall comply with all requirements of this chapter.

(Ord. No. 2009-386, § 2, 3-23-2009)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor.

(Ord. No. 2009-386, § 2, 3-23-2009)

A. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment for a period of not more than six months or by both such fine and imprisonment.

B. Any person found liable for a civil penalty for any violation of this chapter shall be required to pay a civil penalty provided on the schedule of penalties, late payment penalties, administrative fees and other related fees, costs and charges as shall be established by ordinance or resolution of the city council.

(Ord. No. 2009-386, § 2, 3-23-2009)

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2009-386, § 2, 3-23-2009)