Carpinteria Municipal Code Ch. 12.36 Newsracks

The city council finds and declares that:

A. The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.

B. Newsracks so located as to cause an inconvenience or danger to persons using public rights-of-way, and unsightly newsracks located therein adversely impacting the aesthetic qualities of the city due to the number, size, construction, placement and/or design of such newsracks, constitute public nuisances.

C. The economic vitality of the city's business community is enhanced by avoiding undue interference with commerce and business which may be posed by newsracks located too close to retail shop windows or entrances to commercial property, or newsracks located in such a way as to interfere with views from private property.

D. It is a matter of public necessity that minors be protected from viewing harmful matter that may be located in the city's public right-of-way, sidewalks or other public property.

E. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety, morals and general welfare of persons in the city in their use of public rights-of-way.

F. It is not the intent of this chapter to in any way discriminate against, regulate to interfere with the publication, circulation, distribution or dissemination of a material protected by the First Amendment on the basis of the content of that material.

(Ord. 534 § 1, 1997; Ord. 473 § 2 (part), 1992)

A. "Distributor" means the person responsible for placing and maintaining a newsrack in a public right-of-way.

B. "Downtown and waterfront revitalization area" means: (1) Linden Avenue between the public beach and Carpinteria Avenue, and (2) Carpinteria Avenue between Palm Avenue and Holly Avenue, and shall include all streets which intersect the subject portions of Linden Avenue and Carpinteria Avenue for a distance of fifty feet from the easterly and/or westerly points of intersection.

C. "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, periodicals or other printed materials.

D. "Parkway" means that area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include the public beach ends of streets which intersect the public beaches or any area within a roadway which is not open to vehicular travel.

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

F. "Sidewalk" means any surface provided for the exclusive use of pedestrians.

G. "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. 534 § 2, 1997; Ord. 473 § 2 (part), 1992)

It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate, on any public street or sidewalk, or in any other public way or place in the city, any newsrack without first having obtained a permit from the city manager specifying the exact location of such newsrack(s). One permit shall be issued for each newsrack operated by a distributor at a specific location. Each permit shall be signed by the permittee.

(Ord. 473 § 2 (part), 1992)

Application for such permit shall be made, in writing, to the city manager upon such form as shall be provided by him, and shall contain the following information:

A. The name, address and telephone number of the applicant, who may be either the publisher of the newsrack material or the distributor.

B. The name, address and telephone number of a representative of the applicant or other responsible party to receive notices regarding the newsrack.

C. The proposed location of the newsrack, including a drawing of the sidewalk, streets and other adjacent improvements, including (1) the nearest buildings, and driveways, (2) the nearest bus stops, benches and fire hydrants, and (3) each existing newsrack, including the name of the newsrack material contained therein and the type or brand of newsrack within one hundred feet of the proposed location. The drawing shall show distances between the newsrack and the other features required to be shown.

D. The type or brand of newsrack, including a photograph of the newsrack and mount.

E. An application fee as established by resolution of the city council.

(Ord. 473 § 2 (part), 1992)

Within ten business days of receipt of a complete permit application, and upon finding that (1) the application complies with the provisions of this chapter, and (2) the applicant has discharged any debt to the city which may be owed pursuant to this chapter, the city manager shall register the newsrack and issue to the applicant a sticker evidencing permit issuance, which shall be promptly affixed to the newsrack in a manner specified by the city manager. If the permit is denied within ten business days of receipt of the application, the applicant shall be notified in writing of the specific cause of such denial by the city manager and the right of appeal in accordance with Section 12.36.100.

(Ord. 473 § 2 (part), 1992)

A. As an express condition of the acceptance of such permit, the permittee thereby agrees to indemnify and save harmless the city, its officers, directors, and employees against any loss or liability or damage, including expenses and costs for bodily or personal injury, and for property damage by any person as the result of the installation, use or maintenance of a newsrack within the city.

B. Except in the downtown and waterfront revitalization area which is proposed and designed to contain newsrack enclosures located and designed to accommodate one or more newsracks while protecting and enhancing the visual aesthetics of this area, permits shall be issued for the installation of a newsrack or newsracks based on the permit application materials described in Section 12.36.040 and without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter and such reasonable rules and regulations as may be established by the city manager.

C. Permits to place newsracks in the downtown and waterfront revitalization area enclosures, when such enclosures have been constructed, shall be fairly and equitably allocated among distributors. Each distributor of newsrack materials shall be assigned a number of spaces in the downtown and waterfront revitalization area which, as a percentage of all newsrack enclosure spaces, correspond to that distributor's percentage of all permitted newsracks located within the city as of the preceding January 1st. Until such enclosures are constructed, newsracks may be installed in the downtown and waterfront revitalization area based on the permit application materials described in Section 12.36.040 and observance of the provisions of this chapter and such reasonable rules and regulations as may be established by the city manager. Once such enclosures are constructed, existing newsracks in the downtown and waterfront revitalization area shall be registered within ninety days thereafter and shall be subject to all other provisions of Section 12.36.150.

D. An annual permit fee as established by resolution of the city council shall be required for each permitted newsrack. Such permits shall be valid for one year and shall be renewable upon payment of the annual permit fee for each permitted newsrack.

E. Upon permit issuance and annual renewal, the city manager shall issue a registration sticker which shall be permanently and visibly affixed to the permitted newsrack(s).

(Ord. 473 § 2 (part), 1992)

Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:

A. No newsrack shall exceed four feet in height, thirty inches in width, or two feet in thickness.

B. No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the newspaper, periodical or other printed materials dispensed therefrom.

C. Each newsrack from which newspapers, periodicals or other printed materials are sold shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event he is unable to receive the publication paid for. The coin-return mechanisms shall be maintained in good working order.

D. Each newsrack shall have affixed to it in a readily visible place so as to be seen by anyone using the newsrack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin-return mechanism, or to give the notices provided for in this division.

E. Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically but not without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

1. It is reasonably free of dirt and grease.

2. It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.

3. It is reasonably free of rust and corrosion in the visible unpainted metal areas thereon.

4. The clear plastic or glass parts thereof, if any, through which the publications therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration.

5. The paper or cardboard parts or inserts thereof are reasonably free of tears, peeling or fading.

6. The structural parts thereof are not broken or unduly misshapen.

(Ord. 534 § 3, 1997; Ord. 473 § 2 (part), 1992)

Any newsrack which rests in whole or in part upon, or on any portion of a public right-of-way or which projects onto, into, or over any part of a public right-of-way shall be located in accordance with provisions of this section:

A. No newsrack shall be used or maintained 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 newsrack shall be permitted to rest 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 pedestrians or vehicular traffic including any legally marked 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 the location.

C. No newsrack shall be chained, bolted or otherwise attached to any fixture located in the public right-of-way, except to other newsracks.

D. Newsracks may be placed next to each other, provided that no group of newsracks shall extend for a distance of more than eight feet along a curb, and a space of not less than three feet shall separate each group of newsracks.

E. No newsrack shall be placed, installed, used or maintained:

1. Within five feet of the curb return of any marked crosswalk;

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

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

4. Within five feet of any driveway, traffic signal controller or utility pole;

5. Within five feet ahead or twenty-five feet to the rear of any sign marking a designated bus stop;

6. Within four feet of the outer end of any bus bench;

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet;

8. Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping;

9. Within one hundred feet of any other newsrack on the same side of the street in the same block containing the same issue or edition of the same publication;

10. Facing another newsrack across the width of a public sidewalk or pedestrian way;

11. On private property without the approval of the owner or person in possession of the property;

12. At any location in the downtown and waterfront revitalization area other than in an existing newsrack enclosure, when such enclosures have been constructed, or other location preapproved by the city manager;

The distances contained in subsection E of this section may be reduced by the city manager provided the placement of the newsrack is accomplished in a manner consistent with the purposes of this chapter.

(Ord. 473 § 2 (part), 1992)

Upon determination by the city manager that a newsrack has been installed, used or maintained in violation of the provisions of this chapter, an order to correct the offending condition will be issued to the distributor of the newsrack. Such order shall be telephoned to the distributor or other responsible party designated to receive such order, and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition and suggest actions necessary to correct the condition. Failure to properly correct the offending condition or to file an appeal of the order as provided in Section 12.36.100 within ten calendar days after the mailing date of the order shall result in the offending newsrack being summarily removed and processed as unclaimed property under provisions of the unclaimed property ordinance codified in Chapter 2.52. If the offending newsrack is not properly identified as to owner under provisions of Section 12.36.070, it shall be removed immediately and processed as unclaimed property under Chapter 2.52. If removal causes any damage to city property, the distributor or other responsible party shall be liable for all costs incurred by the city to repair the damage. The city manager shall cause inspection to be made of the corrected condition or of a newsrack reinstalled after removal under this section. The distributor of the newsrack or other responsible party shall be charged an inspection fee for each newsrack so inspected equivalent to all costs of inspection, which charge will be in addition to all other fees and charges required under this chapter and Chapter 2.52 pertaining to the disposition of unclaimed property, and all such fees and charges shall be an expense against the distributor or other responsible party personally, and collectible by an action at law.

(Ord. 534 § 4, 1997: Ord. 473 § 2 (part), 1992)

Any person or entity aggrieved by a finding, determination, notice, action or order taken under the provisions of this chapter may appeal and shall be apprised of his right to appeal to the city council. An appeal must be perfected within ten calendar days after the mailing date of the notice of any protested decision, action or order by filing with the office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than thirty days after receipt of the letter of appeal. Appellant shall be given at least five days notice of the time and place of the hearing. The city council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the city manager 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 action taken by the city manager. At the conclusion of the hearing, the city council shall make a final and conclusive determination.

(Ord. 534 § 5, 1997: Ord. 473 § 2 (part), 1992)

In addition to the enforcement procedures provided in Section 12.36.090, it shall be within the power and discretion of the city manager to suspend or revoke the permit for continued or repeated violation or infractions of any provision of this chapter or of any rule, direction or regulation of the city manager. Suspension or revocation shall be mandatory for the third violation pursuant to Section 12.36.090.

(Ord. 473 § 2 (part), 1992)

"City manager" as used in this chapter shall include his designated representative.

(Ord. 473 § 2 (part), 1992)

In the event a newsrack remains empty for a period of fourteen continuous days, the same shall be deemed abandoned, and may be treated in the manner as provided in Section 12.36.090 for newsracks in violation of the provisions in this chapter.

(Ord. 473 § 2 (part), 1992)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. 473 § 2 (part), 1992)

This chapter shall be effective thirty days after its adoption. Any person owning or entitled to possession of any newsrack located within the city as of the effective date of the ordinance codified in this chapter shall, within ninety days thereafter, register the newsrack in the manner provided in this chapter and shall, from the date of registration, be subject to the provisions of this chapter. If any such newsrack is not registered within the time limits specified in this section, the city may attach a notice to correct to the newsrack informing the owner or person entitled to possession of the registration requirement. If the newsrack is not registered within ten days of affixing the notice to correct, the newsrack may be removed and stored pursuant to Chapter 2.52 pertaining to unclaimed property. Removal of existing newsracks permitted under this chapter from the downtown and waterfront revitalization area shall not be required until construction of such enclosures is completed and notification thereof is given by the city manager to affected distributors.

(Ord. 473 § 2 (part), 1992)

A. No publication which displays on its cover harmful matter, as defined in Section 313 of the Penal Code of this state, shall be displayed in a public place, other than a public place from which minors are excluded, unless blinder racks are placed in front of the publication displaying the harmful matter in a public place so that the lower two-thirds of the publication is not exposed to view.

B. "Blinder racks" means any opaque sheet or cover placed in front of the publication containing the harmful matter displayed in a public place. The blinder racks must completely cover the lower two-thirds of the harmful matter.

(Ord. 534 § 6, 1997)