California City Municipal Code Art. 6 Newsracks

This article establishes a comprehensive set of regulations applicable to newsracks in the public right-of-way and to ensure the preservation of the public health, safety and welfare while enhancing community aesthetics.

(Ord. No. 05-634, 11-15-2005)

For purposes of this article, the following words shall have the following meanings:

(a) "Newsrack" - 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, periodicals, or magazines, whether currently installed, used, or maintained or installed, used, or maintained hereafter.

(b) "Parkway" - The 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.

(c) "Person" - Any individual, company, corporation, association, business or other legal entity.

(d) "Right-of-Way" - Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the public for street, highway, alley, pedestrian walkway, sidewalk, roadway, parkway, bicycle path or other purposes.

(e) "Roadway" - The portion of a public street improved, designed, or ordinarily used for vehicular travel.

(Ord. No. 05-634, 11-15-2005)

The following regulations shall apply to any newsrack located on public property:

(a) No person shall install, use, or maintain any newsrack which rests upon or projects over any part of any roadway.

(b) No person shall install, use, or maintain any newsrack if such newsrack exceeds forty-eight (48) in. in height, thirty (30) in. in width, or twenty-four (24) in. in depth or weighs in excess of one hundred (125) lbs. when empty.

(c) No person shall install, use, or maintain any newsrack contrary to any of the following regulations:

(1) Within five (5) ft. of any marked crosswalk;

(2) Within five (5) ft. of any street or alley curb return without a marked crosswalk;

(3) Within five (5) ft. of any driveway or curb cut;

(4) Within an five (5) ft. forward of a driveway, curb cut, or curb return ("forward of a driveway, curb cut, or curb return" shall mean parallel to and in the same direction as the traffic on the side of the roadway in which such driveway, curb cut, or curb return is located) and extending seventy-five (75) ft. to the rear of a driveway, curb cut, or curb return ("to the rear of a driveway, curb cut, or curb return" shall mean parallel to and against the direction of the traffic on the side of the roadway in which such driveway, curb cut, or curb return is located) except if the newsrack is located at the back of a sidewalk and every portion of the newsrack is at least five (5) ft. six (6) in. away from the curb face.

(5) Within fifteen (15) ft. of any fire hydrant or fire department connection;

(6) Within five (5) ft. of any fire call box, police call box or other emergency facility;

(7) Within five (5) ft. of any sign marking a designated bus stop, such area described as follows: extending from the curb face or edge of pavement to a distance eight (8) ft. feet perpendicularly away from the roadway and beginning three feet forward of such sign ("forward of such sign" shall mean parallel to and in the same direction as the traffic on the side of the roadway in which such sign is located) and extending thirty (30) ft. to the rear of such sign ("to the rear of such sign" shall mean parallel to and against the direction as the traffic on the side of the roadway in which such sign is located).

(8) Within five (5) ft. from the edge of a curb face or, if no curb exists, the edge of pavement where parking is permitted; or, within one (1) ft. from the edge of a curb face or, if no curb face exists, the edge of pavement where parking is prohibited;

(9) Within five (5) ft. of any bicycle rack;

(10) Within five (5) ft. of any manhole or catch basin access;

(11) Within five (5) ft. of any lift station;

(12) Within five (5) ft. of any utility or signal pull box or utility meter;

(13) Within five (5) ft. of a traffic signal control cabinet, signal standard or signal pole;

(14) Within five (5) ft. of any pole, post or other device on which a traffic sign is attached or mounted;

(15) Within five (5) ft. of a pedestrian access ramp;

(16) Within five (5) ft. of any utility pole;

(17) Within five (5) ft. of any building, wall or fence;

(18) At any location where the installation of the newsrack reduces the width of the pedestrian walkway to less than five (5) ft.

(d) No person shall install, use, or maintain any newsrack which endangers the safety of persons or property, or when the installation site is used for public utility purposes, public transportation purposes or other government use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or when the newsrack interferes with the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near the installation site, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning.

(e) No person shall chain, bolt or otherwise attach a newsrack to any privately owned property or to any permanently fixed, privately owned object unless the consent of the owner of such property or object is obtained in writing.

(f) Each newsrack installed on a sidewalk shall be located on a turn-out constructed in accordance with standards adopted by the city, but in no event shall any newsrack be located on a sidewalk such that the width of the sidewalk for pedestrian travel is less than five (5) ft.

(g) Each newsrack shall be installed on a pedestal securely anchored to the sidewalk or a concrete pad through the use of bolts and sleeves.

(h) Each newsrack shall be constructed, installed, and maintained in a safe and secure condition and in accordance with standards adopted by the city.

(i) Except for the insertion of removable stock located on or inside the newsrack used for the purpose of promoting newspaper, a newsrack shall not be used for advertising or publicity purposes other than to refer to the name of the newspaper, periodical, or magazine contained in the newsrack.

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

(k) Except as noted in this subsection, each newsrack and pedestal shall be painted white or black.

(l) This subsection regulating colors shall apply to all newsracks and pedestals 18 months after the effective date of this article, any newsrack or pedestal installed after the effective date of this article, and any newsrack that is removed and repaired after the effective date of this article.

(Ord. No. 05-634, 11-15-2005)

For any newsrack on public property in place prior to December 16, 2005, the owner of such newsrack shall obtain a newsrack permit from the Planning Director within thirty (30) days after the effective date of this section. Such permit shall be issued by the Planning Director or designee if the newsrack complies with the city standards. The owner of newsracks shall obtain a newsrack permit from the Planning Director before the installation of such newsracks. Such permit shall be issued by the Planning Director if the newsracks comply with the City standards.

(Ord. No. 05-634, 11-15-2005)

(a) At the time of issuance of the newsrack permit, the permittee shall also execute a form, approved by the city attorney, agreeing to hold the city, its officers, employees and agents, free and harmless from any claim, demand or judgment in favor of any person, arising out of the installation, use, maintenance or location of any newsrack.

(b) At the time of issuance of the newsrack permit, the permittee shall submit to the city clerk a certificate of insurance confirming that a liability insurance policy in minimum amounts normally required by the city for encroachment permits has been issued naming the city as an additional insured. The certificate of insurance shall contain a provision which binds the insurance company to notify in writing the finance director or designee thirty (30) days prior to cancellation of the liability insurance policy. If such liability insurance policy is canceled at any time, the city may remove the permittee's newsracks in accordance with the provisions of this article.

(Ord. No. 05-634, 11-15-2005)

Together with the issuance of a newsrack permit, the Planning Director or designee shall issue an identification decal to the permittee. The permittee shall affix the decal to the newsrack. If the decal should be removed or defaced, the permittee shall notify the Planning Director or designee and another decal will be issued which the permittee shall affix to the newsrack.

(Ord. No. 05-634, 11-15-2005)

(a) Any newsrack installed, used or maintained in violation of the provisions of these sections may be removed and stored by the Planning Director or designee ten (10) working days after mailing notice to the address given in the permittee's application for a newsrack permit that such newsrack will be removed. The notice shall give the permittee the opportunity to cure the violation or to be heard at an informal conference with the Planning Director. The permittee shall be notified if the newsrack is removed and stored.

(b) The Planning Director may summarily remove any newsrack which poses a danger to pedestrians or vehicles, creates a health or safety hazard for pedestrians or vehicles, or otherwise unreasonably interferes with the safe use of public streets or sidewalks. The permittee shall be notified if the newsrack is removed. The notice shall give the permittee the opportunity to be heard at an informal conference with the Planning Director.

(c) The notice of removal or intended removal shall include a form for requesting an informal conference with the Planning Director as to the reasons for the removal or intended removal of the newsrack. If the permittee wishes to contest the removal or intended removal of a newsrack, the permittee shall, within ten working days of the mailing of the notice return to the city such request for an informal conference with the Planning Director as to the reasons for such removal or intended removal of the newsrack. Following such conference, a written decision shall be mailed to the permittee.

(d) The permittee shall claim the newsrack and pay the expenses of removal and storage if, within thirty (30) days following a notice of removal of a newsrack, or, if a conference was requested and the removal was upheld, within thirty (30) days following the mailing of the decision, The newsrack shall be deemed unclaimed property in possession of the city and may be disposed of pursuant to law if the permittee fails to claim the newsrack and pay the expenses of removal and possession.

(Ord. No. 05-634, 11-15-2005)

To the extent permitted by law, the city council shall establish a fee by resolution to recover the cost of processing applications and monitoring permit compliance.

(Ord. No. 05-634, 11-15-2005)