Calabasas Municipal Code Ch. 12.13 Newsracks

The purpose and intent of this chapter is to advance, improve and promote aesthetic concerns as well as public health, safety and welfare of the residents, citizens and visitors to the city of Calabasas. In order to advance these purposes, it is necessary to control the number, size construction, placement and appearance of newsracks. This chapter is intended to accomplish these goals, without restricting the free dispersal of information guaranteed by the constitutions of the United States and the state of California, through regulations on the placement, appearance and servicing of newsracks in the public rights-of-way so as to:

A. Provide sufficient clearance and visibility for safety and convenience of the pedestrian and driving public.

B. Avoid unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress and egress from any residence or place of business or from the street to the sidewalks by persons crossing or exiting/entering parked or standing vehicles.

C. Provide reasonable access for the use and maintenance of utility poles, posts, traffic signs or signals, hydrants and mail boxes, and access to locations used for benches and public transportation purposes.

D. Eliminate poorly maintained newsracks which have resulted in a visual blight on the public rights-of-way, or which may unreasonably detract from the aesthetics of existing structures.

E. Maintain and protect the values of surrounding properties.

F. Reduce the unnecessary exposure of the city to personal injury and property damage claims.

G. Provide for and maintain the freedom of speech for newspapers or periodicals through the use of newsracks for distribution purposes.

(Ord. 2000-155 § 1 (part), 2000)

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 of this chapter. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with such provisions within thirty days of the effective date thereof.

B. Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this chapter.

(Ord. 2000-155 § 1 (part), 2000)

The following words and phrases shall have the meanings ascribed to them unless otherwise noted:

"Newsracks" 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 news periodicals.

"Parkway" means that area between the sidewalk 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" means that portion of a street improved, designed, or ordinarily used for vehicular travel.

"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 shall include, but not be limited to, roadways, parkways, alleys and sidewalks.

(Ord. 2000-155 § 1 (part), 2000)

A. No person shall install, use or maintain any newsrack or other structure which projects onto, into or over any part of the 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.

B. 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 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, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near such location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

(Ord. 2000-155 § 1 (part), 2000)

No person shall place, construct or maintain a newsrack on or projecting onto a public right-of-way, highway, parkway, roadway or sidewalk unless and until an encroachment/construction permit for newsracks has been obtained from the city's public works department.

(Ord. 2000-155 § 1 (part), 2000)

A. A written application for a newsrack encroachment/construction permit shall be filed with the public works department on the city's encroachment/construction permit form and shall include, without limitation:

1. The name, address and telephone number of the applicant, owner and/or distributor;

2. The name, address and telephone number of a representative of the applicant or other responsible person whom the city may notify or contact at any time concerning the applicant's newsrack(s);

3. Proof that the type of newsrack is consistent with the requirements of the city's policies and guidelines, including a photograph of the newsrack and mount;

4. A picture map showing and identifying the number of newsracks, the exact proposed location of each newsrack (hereinafter "site") and the order of all newsracks at that location;

5. The name of the newspaper, publication or periodical to be contained in each newsrack;

6. A written statement agreeing to hold harmless and indemnify the city for any newsrack(s) to be installed or maintained over any public sidewalk or parkway in accordance with this chapter;

7. An application fee and inspection and enforcement costs, in an amount set by the city of Calabasas fee schedule.

B. A single application for a permit may include up to ten proposed sites for newsracks to be installed within the city.

(Ord. 2000-155 § 1 (part), 2000)

A. The public works department shall have the authority to process, review and approve or deny permits for the installation of newsrack(s) in the public right-of-way. In issuing a permit or rejecting sites, the public works department shall be guided solely by the standards and criteria set forth in this chapter and by any policies and guidelines established by the city.

B. Permits may be issued for the installation of newsrack(s) only after city inspection of the proposed site(s), and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this chapter.

C. Applicant shall provide the insurance and indemnification required by this chapter at the time the permit is issued for the newsrack(s).

D. If an application for a proposed site is denied, the applicant shall be notified in writing of the specific reason for such denial. In any case where the public works department disapproves of a particular location, such disapproval shall be without prejudice to the applicant who may designate a different site or locations.

E. Each permit shall expire on the last day of June of each year, and may be renewed by the public works department after the public works department confirms the applicant's compliance with the terms and conditions of the permit and all existing laws and regulations.

(Ord. 2000-155 § 1 (part), 2000)

Any newsrack placed, in whole or in part, upon, in or over any public property or public right-of-way shall comply with each of the following standards:

A. Newsracks shall be of the type listed in the policies and guidelines established by the city and shall be mounted on a permanently fixed single pedestal (or multi pedestal for groupings of newsracks) mount bolted to the paved area. No newsrack with mount or stand shall exceed forty-eight inches in height, thirty inches in width or twenty-four inches in thickness. All opaque surfaces of the newsracks and mounts shall be painted the same color.

B. Identification. The name, address and phone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the newsrack in such a manner as to be readily visible and readable to a prospective customer thereof.

C. Permit Sticker. The permittee shall affix to each newsrack specified in the permit issued by the public works department, a sticker or stickers evidencing the permit in the manner specified by the department of public works.

(Ord. 2000-155 § 1 (part), 2000)

A. No proposed site and no newsrack shall be placed, installed, used, or maintained in the following locations:

1. Within five feet of any marked crosswalk;

2. Within fifteen (15) feet of the curb return of any unmarked crosswalks;

3. Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;

4. Within five feet of any driveway;

5. Within five feet ahead of and fifteen (15) feet to the rear of any sign or pavement marking for a designated bus stop measured parallel to the flow of traffic;

6. Within five feet of any bus bench;

7. At any location where the newsrack causes, creates or constitutes a line of sight problem or a traffic hazard;

8. At any location where the newsrack unreasonably obstructs or interferes with the pedestrian access to abutting property;

9. On a sidewalk or parkway opposite a newsstand or another newsrack;

10. Within three feet of any area improved with lawn, flowers, shrubs or trees; within three feet of any display window of any building abutting the sidewalk or highway; or in such manner as to impede or interfere with the reasonable use of such window for display purposes as determined by the city;

11. Where the newsrack will endanger persons using the sidewalk or property;

12. Where the newsrack will unreasonably interfere with or obstruct the safe flow of pedestrian or vehicular traffic on the public right-of-way;

13. At any location which creates less than a four-foot wide path of travel as required by Title 24 of the California Code of Regulations and the Americans with Disabilities Act;

14. Facing another newsrack when separated or divided only by the width of a sidewalk or pedestrian walk;

15. On an access ramp or curb cut for disabled persons.

(Ord. 2000-155 § 1 (part), 2000)

No persons shall display or cause to be displayed, in any public place where minors are not excluded, any harmful matter, as defined in Section 313 of the California Penal Code, unless such matter is displayed in newsracks equipped with devices commonly known as blinder racks affixed in such a manner that the lower two-thirds of the matter is not exposed to view.

(Ord. 2000-155 § 1 (part), 2000)

As part of the permit application, every person who places or maintains a newsrack on public property or the public right-of-way shall indemnify, defend and hold the city, its officers, employees and agents free and harmless from any claim, damage, liability, demand or judgment in favor of any person or entity, arising out of the location, operation and use of any newsrack(s) located upon, in or over a public right-of-way or other public property. The applicant shall provide the city with a certificate of insurance or other documentation, as required by the city attorney, evidencing that a liability insurance policy in the minimum amounts set by the city attorney has been issued, naming the city as an additional insured, and containing a provision that the policy cannot be canceled except upon thirty days' written notice to the city of the fact of such cancellation. If such insurance is canceled at any time during the time the newsrack(s) is installed or maintained on public property, said newsrack shall be removed at the permittee's cost in accordance with the provisions of Section 12.13.120.

(Ord. 2000-155 § 1 (part), 2000)

A. The sheriff or the public works director or their designates:

1. May immediately correct any violation of this chapter, and may do so without impounding if such correction can be accomplished simply, easily, quickly and without expense.

2. May, notwithstanding any other provisions of this chapter, immediately remove and impound any newsrack in violation of this chapter if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly, and without expense. Notice of such action and the right to request a hearing in accordance with this chapter shall be mailed to the permittee, or person, if known, maintaining such newsrack, within five working days after such action.

3. May notify the permittee, or person, if known, maintaining a newsrack found in violation of this chapter, either in person, by telephone or by mail, in their discretion, and/or by affixing a notice to the newsrack, that unless the violation is corrected or a hearing requested, within two working days if the notice is in person or by telephone, within five working days if the notice is by mail, or within seven working days if the notice is by affixing a notice to the newsrack, of the date of the notice, the newsrack will be impounded.

4. May impound any newsrack in accordance with the decision of any hearing requested pursuant to this chapter.

B. If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of this chapter, the sheriff or the public works director or their designates may sell or otherwise dispose of the newsrack, and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack with the city, in the case of impounding by the sheriff, or in the road fund, in the case of impounding by the public works director.

(Ord. 2000-155 § 1 (part), 2000)

A. Unless the newsrack and its contents are being held as evidence in a criminal prosecution, the permittee or if there is not known permittee, a claimant who provides sufficient proof of ownership of an impounded newsrack may, at any time up to and including the thirtieth day after the impounding, and if a hearing pursuant to this chapter is held concerning the newsrack may, at any time up to and including the thirtieth day after the decision at such hearing becomes final, obtain a return of the newsrack and its contents, upon paying an impound fee of sixty-five dollars ($65.00) plus the reasonable additional cost, if any, of impounding the newsrack in excess of sixty-five dollars ($65.00).

B. The public works director or his or her designate may, after a hearing in accordance with this chapter, order the newsrack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.

C. A court before whom criminal charges concerning an impounded newsrack are pending may, upon dismissal of the charges of a finding of acquittal, in its discretion order an impounded newsrack returned without payment of an impound fee or the return of the impounded fee paid.

(Ord. 2000-155 § 1 (part), 2000)

A. Request for Hearing. Any permittee or person maintaining a newsrack found in violation of this chapter may, at any time within thirty (30) days of the alleged violation, request in writing a hearing before the public works director or his or her designate.

B. Stay Pending Decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom.

C. Conduct of Hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the newsrack was in violation of this chapter or whether the newsrack should be returned without payment of an impound fee.

D. Decision. A decision shall be rendered within five working days after the close of the hearing.

E. Notice of Decision. The public works director or his or her designate may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail.

(Ord. 2000-155 § 1 (part), 2000)

A. Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this chapter, appeal such decision to the city council.

B. Contents of Appeal. The appeal shall be in writing, shall state the legal factual basis upon which the appeal is to be based, and shall be filed with the public works director or his or her designate, who shall forthwith forward the appeal, together with a copy of the decision, to the city clerk.

C. Stay Pending Appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the city council pursuant to this section.

D. Action by the City Council. Upon receipt of the appeal and decision, and as soon as practical, the city council may take any one of the following actions:

1. Grant a stay of the decision or any impounding pending further consideration by the city council;

2. Approve the decision and order;

3. Refer the matter back to the public works director with instructions;

4. Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held.

E. Stay Pending Action by City Council. Action taken by the city council pursuant to subsections (D)(3) or (D)(4) of this section shall operate to stay the decision or any impounding pending final resolution of the issue of whether the newsrack was in violation of this chapter or whether the newsrack should be returned without payment of an impound fee.

F. Effective Date of City Council Action. Action taken by the city council pursuant to subsection (D)(2) of this section shall be effective two working days after said action is taken.

(Ord. 2000-155 § 1 (part), 2000)

Notwithstanding any other provision of this chapter, any person who violates any provision of this chapter shall be guilty of a misdemeanor and may be punished by a fine not exceeding five hundred dollars ($500.00).

(Ord. 2000-155 § 1 (part), 2000)