Camarillo Municipal Code Ch. 13.14 Newsracks

The purpose of the enactment of the provisions of this chapter, is to establish a comprehensive set of regulations applicable to the placement and usage of newsracks within public rights-of-way.

(Ord. 748 § 1 (part), 1991.)

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

"Blinder rack" means a device described in Section 313.1(d) of the Penal Code.

"Director" means the director of community development of the city.

"Harmful matter" is defined as set forth in Section 313 of the Penal Code.

"Matter" is defined as set forth in Section 313 of the Penal Code.

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

"Parkway" means that portion of any dedicated public street, other than the area included within a traveled roadway.

"Registration" means the act of filing the information required by this chapter with the director.

"Roadway" means that portion of a public street improved, designed and/or customarily used for vehicular travel.

"Street" means all that area dedicated to public use for public street purposes and includes but is not limited to roadways and parkways.

(Ord. 748 § 1 (part), 1991.)

A. Registration with the director shall be accomplished not later than the end of next business day, after installation or placement of a newsrack in or upon a parkway. Such registration and amendments thereto, shall be in writing, shall be signed by the owner, or an authorized agent of the owner, of each such newsrack ("owner"), and filed with the director. Each such registration shall contain the following information:

1. The location of each newsrack to be installed or maintained in the city by the owner; and

2. The name, home and business address and home and business telephone number of the owner or the responsible designated agent of the owner. Should any of such information change as to any newsrack, the owner shall, with five consecutive calendar days following such change, file an appropriate written amendment to such registration with the director.

B. No encroachment permit shall be required under the provisions of Chapter 13.04 for a newsrack, if the registration required hereunder is on file, and is current.

C. Should any newsrack fail to be registered by the end of the next business day following its placement, the director shall notify the owner of the newsrack, if known, by telephone, that the newsrack will be impounded three business days after such verbal notification unless the registration requirement is met. The director shall confirm such verbal notice to the owner in writing, expeditiously. If the owner cannot be reached by telephone and a telephonic message cannot be left, the director shall remove and impound the newsrack five business days after written notice of the registration requirement is given to the owner, unless the registration requirement is met.

D. Registration shall be denied by the director of any newsrack which does not comply with the provisions of this chapter. Denial of registration shall be subject to the appellate process set forth in Section 13.14.050 et seq., of this chapter.

(Ord. 748 § 2 (part), 1991.)

A. If a newsrack meets the requirements of this chapter, the director shall issue to the owner a metal identification tag, indicating the date of registration and the location of the newsrack.

1. The identification tag shall be permanently affixed to the newsrack not later than ten consecutive calendar days from the date of the tag's issuance.

2. Should the identification tag fail to be placed on a newsrack within the said ten day period, the director shall notify the owner by telephone that the newsrack will be impounded the next business day after such verbal notification unless the tag is so placed. The director shall confirm such verbal notification to the owner, expeditiously, in writing. If the owner cannot be reached by telephone and a message cannot be left, the director shall remove and impound the newsrack three days after written notification is given to the owner, unless the tag is so placed.

B. In addition to the identification tag issued by the director, a newsrack shall have permanently affixed to it, in a place where it is easily observable, the name and address of the owner or the owner's authorized agent.

(Ord. 748 § 1 (part), 1991.)

A. Each application for registration of a newsrack shall be accompanied by a filing and processing fee in an amount set by the city council, for each such newsrack located or proposed to be located in the city, such fee shall be sufficient to cover administrative costs, including but not limited to review and inspection of the newsrack in place.

B. No fee shall be required for updating the information required by this chapter.

C. The fee will be refunded if for any reason the registration is not approved.

(Ord. 748 § 1 (part), 1991.)

Blinder racks shall be placed and maintained on all newsracks at all times when such newsracks contain harmful matter.

(Ord. 748 § 2 (part), 1991.)

Matter which is offered for sale from any newsrack placed or maintained on or projecting over the public parkway shall not be displayed or exhibited in a manner which exposes to public view from the 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 genitals, pubic hair, perineums, anuses or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification, 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;

D. "Explicit sexual acts" as used in this chapter, 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.

(Ord. 748 § 1 (part), 1991.)

A. Any newsrack which is located, in whole or in part, upon, in or over any parkway, shall comply with each of the following standards:

1. No newsrack shall exceed five feet in height, thirty inches in width, or two feet in thickness.

2. Newsracks shall only be placed near a curb or adjacent to a wall of a building. Newsracks placed near a curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. Newsracks placed parallel to a wall or building shall be placed not more then six inches from the wall or building. No newsracks shall be placed or maintained in a parkway opposite one or more other newsracks.

3. Each group of newsracks shall be separated from another group of newsracks by a distance of at least one hundred feet extending along a curb or wall.

4. Not more then four newsracks shall be grouped together on any one support post.

5. No newsrack shall be used for advertising material other than that dealing with the name of the publication offered for sale, in the newsrack.

6. Each newsrack shall be maintained in a clean and neat condition and in good repair at all times.

7. Every newsrack shall be installed on a single pedestal or a multiple post which shall be securely anchored to the ground and shall be constructed, installed and maintained in accordance with written design standards adopted by resolution of the city council.

8. Newsracks may be placed next to each other, provided that no group of newsracks shall extend more than fifteen feet along a curb or wall and no more than one section of newsracks shall be allowed at each corner on a street intersection.

B. No newsrack shall be placed, installed, used or maintained in any of the following locations:

1. Within five feet of any marked crosswalk; nor

2. Within fifteen feet of the curb return of any unmarked crosswalk; nor

3. Within five feet of any fire hydrant, fire callbox, police call box, or other emergency facility; nor

4. Within five feet of any vehicular driveway; nor

5. Within five feet ahead of, or twenty-five feet to the rear of any sign marking a designated bus stop; nor

6. At any location whereby the space left for passageway of pedestrians is reduced to less than three feet except as provided in subdivision 15 of this subsection; nor

7. Within three feet, except as provided in subdivision 15 of this subsection, of any area improved with lawn, flowers, shrubs or trees; provided, however, that if the planting area and the adjacent parkway area are separated by a wall or fence in excess of three feet in height, and the planting area and the parkway area are on substantially the same grade, the provisions of this subdivision, shall not apply; nor

8. Within three feet, except as provided in subdivision 15 of this subsection, of any display window, or any building abutting the sidewalk or parkway in such a manner as to impede or interfere with the reasonable use of such window for display purposes; nor

9. At any location where the newsrack causes, creates or constitutes a traffic hazard; nor

10. At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property; nor

11. Where the newsrack will endanger persons, vehicular traffic or property; nor

12. Where newsracks will unreasonably interfere with or obstruct the safe sight distance and flow of pedestrian and/or vehicular traffic; nor

13. In a parkway which abuts a lot classified in Zone A-E, R-E, R-1, RPD, MHPD or O-S, as such zones are defined in Title 19 of this code; this subdivision does not prohibit the location of newsracks in such a parkway if such parkway is located adjacent to a building, other than an elementary, junior high or high school, which is open to and used by members of the public; nor

14. Where the placement of a newsrack can reasonably be expected to interfere with or obstruct pedestrian use of the parkway;

15. Provided that the dimensions referred to in subdivisions 7, 8 and 9 above, shall be four feet or all newsracks placed in the city after the effective date of the ordinance codified in this chapter.

C. In the event that any newsrack is removed, the public property shall be repaired and restored to the same condition which existed prior to the installation of the newsrack.

D. If the type or size of newsrack is changed after the registration has been issued by the director, the owner shall be required to notify the director, in writing, of such change.

(Ord. 748 § 1 (part), 1991.)

(Ord. No. 1178, § 4A, 11-28-2021)

Whenever the director determines that a newsrack is being maintained in a manner contrary to the provisions of the chapter, the director shall notify the owner thereof, if known, of such purported violation. The notice shall state therein the nature of the violation and give the owner of the newsrack a reasonable period of time, not to exceed ten consecutive calendar days, to remedy the violation or remove the newsrack. The determination of the director, as set forth in the notice shall, in the absence of a timely perfected appeal, as set forth below, be deemed to be an order of removal as to the newsrack affected thereby; such orders shall be effective on the next day following the expiration of the time for filing an appeal, as set forth in Section 13.14.050. If the order of removal is not complied with within two consecutive calendar days following its effective date, the director shall take the steps necessary to cause the newsrack to be removed and impounded.

(Ord. 748 § 1 (part), 1991.)

Any person who is aggrieved by a determination made by the director pursuant to the provisions of this chapter may, within ten consecutive calendar days after the giving notice by the director of such determination, file with the city manager a written appeal, appealing the director's determination to the city manager. Such an appeal must be accompanied by an administrative fee in an amount set by city council resolution. When a timely filed appeal has been made appealing the decision of the director to the city manager, the city manager shall set a time and a place for an informal hearing to allow the appealing party, any other interested person and the director, to present such relevant evidence as they may have relating to the determination made by the director. Based upon the submission of such evidence and the city manager's review of the files and inspection of the newsrack and/or the site, if appropriate, the city manager shall issue an order upholding, overturning or modifying the director's determination. The city manager's determination shall be final and conclusive in the absence of a timely filed appeal.

(Ord. 950 § 8, 2002: Ord. 748 § 1 (part), 1991.)

Any person who is aggrieved by a determination made by the city manager relating to an appeal from a decision by the director, and who appeared, in person or in writing, at the hearing before the city manager, may file a written appeal with the city clerk appealing the manager's decision to the city council. Any such appeal shall be filed with the city clerk, within ten consecutive days following the giving of notice of decision by the city manager and must be accompanied by an administrative fee in an amount determined by city council resolution. Upon receiving a timely filed appeal, appealing the decision of the city manager to the city council, the city clerk shall set the matter for consideration at the next most convenient meeting of the city council. The city clerk shall give at least five days written notice, to the appealing party, any other person requesting the same, and to the director of the time and place of such hearing. At the time of such hearing, the city council shall allow any interested person to present any relevant evidence bearing upon the city manager's decision. Based upon the evidence presented and the records and files in the case including, if deemed appropriate by the city council, an inspection of the newsrack and the location thereof, the city council shall confirm, modify or disapprove the city manager's decision. The decision of the city council shall be final and conclusive.

(Ord. 950 § 9, 2002: Ord. 748 § 1 (part), 1991.)

No appeal shall be accepted, filed, processed or acted upon, unless it is in writing, and filed within the times permitted pursuant to this chapter. Nor shall any such appeal be accepted, filed, processed or acted upon unless all filing and processing fees, as required by this chapter, are fully paid.

(Ord. 748 § 1 (part), 1991.)

The owner, or other person entitled to possession of an impounded newsrack, who fails, within thirty days of the giving of notice by the director of the fact of such impounding, to make application to the director and to pay the impound fees required pursuant to this chapter, shall be deemed conclusively to have abandoned such newsrack and the same shall be disposed of in the manner prescribed by law for the disposal of abandoned personal property.

(Ord. 748 § 1 (part), 1991.)

No newsrack shall be restored to the owner thereof, or other person entitled to possession, unless and until such owner, or person entitled to possession, has paid to the city a fee in an amount equal to the cost of removal and storage of the newsrack, as determined by the director.

(Ord. 748 § 1 (part), 1991.)

Immediately prior to the effective date of this chapter, the director shall take such steps as may reasonably be necessary to ascertain the name and address of the owners of all newsracks located within the city which do not have thereon the name, address and telephone number of such owner. The director shall advise such persons, as are known to the director, of the requirement of said Section 17570 of the Business and Professions Code and of the result of the failure to comply with said code, as set forth in this section. Where the director finds that a newsrack located in any public area does not have the name, address and telephone number of the owner thereof placed upon such newsrack, in compliance with Section 17570 et seq. of the Business and Professions Code, and this chapter, the director shall make every reasonable effort to ascertain the owner thereof. If the director is unable to determine ownership, the director shall impound such newsrack.

(Ord. 748 § 1 (part), 1991.)

Notices required pursuant to the provisions of this chapter shall be given by personal service, or by United States Postal Service, or its lawful successor, postage prepaid, addressed to the person to be notified at his/her last known address, and deposited in the course of transmission of the United States Postal Service. Notice under this chapter shall be deemed to have been given as of the date and hour of personal service, or two consecutive calendar days following the date of deposit of the written notice in the course of transmission of the United States Postal Service.

(Ord. 748 § 1 (part), 1991.)

At the time of registration, the owner of each newsrack shall:

A. Execute and file with the director, a document, approved as to form by the city attorney, agreeing to hold the city, its appointed and elected officers, employees and agents free and harmless from any claim, demand or judgment in favor of any person and agreeing to defend the city, its appointed and elected officers, employees and agents from any such claim, demand or judgment in favor of any person, arising out of the use of any newsrack at that location. Such indemnification shall be effective from the time the newsrack is placed in the parkway; and

B. Have on deposit with the director, at all times during which a newsrack is placed in any parkway, a certificate or certificates of insurance evidencing that a liability insurance policy, in minimum amounts and companies as approved by the director, is in effect, naming the city and its appointed and elected officers, agents and employees as coinsureds, and containing a provision that the policy cannot be cancelled except upon ten days written notice to the city of the fact of such cancellation. If such insurance coverage is canceled at any time during the time the newsrack is installed in a parkway, said newsrack shall be removed forthwith by direction of the director.

(Ord. 748 § 1 (part), 1991.)

Any person owning, or entitled to possession of any newsrack located within the city as of the effective date of this chapter shall within thirty days thereafter remove the newsrack, or file registration of such location in the event such registration has not previously been filed. If any such newsrack remains in place without such notice having been filed, the director shall notify the owner of such violation.

(Ord. 748 § 1 (part), 1991.)

If any section, subsection, sentence, clause, phrase, word or portion of this chapter is, for any reason held to be invalid, or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, words or portions, be declared invalid or unconstitutional.

(Ord. 748 § 1 (part), 1991.)

A violation of any provision of this chapter shall constitute a misdemeanor.

(Ord. 748 § 1 (part), 1991.)