Colton Municipal Code Ch. 12.45 Regulation of Newsracks on Public Property

It is the purpose of this chapter to authorize the placement and maintenance of news racks upon public sidewalks or parkways under the limitations set forth in this chapter.

(Ord. No. O-07-17, § 1, 10-17-2017)

As used in this chapter:

A. "Director" means the Director of Public Works of the city of Colton or designee thereof.

B. "News rack" 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.

C. "Parkway" means that area between the sidewalk and the curb of any street, and, where there is no sidewalk or curb, that area between the edge of the roadway and the property line adjacent thereto.

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

(Ord. No. O-07-17, § 1, 10-17-2017)

No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise, shall place or maintain a news rack on or projecting onto a sidewalk or parkway unless and until an encroachment permit has been obtained from the Director.

(Ord. No. O-07-17, § 1, 10-17-2017)

An encroachment permit fee shall be levied in accordance with the currently adopted Fee Resolution.

(Ord. No. O-07-17, § 1, 10-17-2017)

Upon proper application on forms provided by the Director, the Director shall issue the applicant an encroachment permit. One encroachment permit shall be required for each location of news rack(s) identified in the permit (i.e., individual news rack or grouping of news racks).

(Ord. No. O-07-17, § 1, 10-17-2017)

Any person desiring permits pursuant to this chapter shall make application therefor to the Director. The encroachment permit applications shall be upon forms furnished by the Director and shall set forth:

A. The name, address, telephone number (and facsimile or electronic mail address, if available) of the applicant;

B. If the applicant is a corporation, the names and addresses of the principal corporate officers and the state of incorporation;

C. The name, address, telephone number (and facsimile or electronic mail address, if available) of the person to be in immediate charge of the individual news rack(s) who the city may notify or contact at any time;

D. The location(s) where the news rack(s) shall be placed;

E. A color photograph and model number of the type of news rack(s);

F. The name of the publication to be contained in each news rack;

G. A site map showing the width of the sidewalk and the location of each proposed news rack installation and any and all structures, encroachments or objects of any kind or character within twenty-five feet of the proposed installation including, but not limited to, traffic signals, street light poles, fire hydrants, bus benches, utility poles, telephones, building entrances, driveways and parking meters;

H. A statement that the applicant will directly control and supervise each news rack proposed to be authorized under the permit sought and will be responsible for the operation and maintenance thereof;

I. Such other data as the Director may reasonably require in the interests of public health, safety or welfare; and

J. A statement certifying on penalty of perjury the correctness of the information given on the application and agreeing on behalf of the proposed applicant that there shall be full compliance of the applicant with all state and city laws in the conduct of the activities for which a permit may be granted.

(Ord. No. O-07-17, § 1, 10-17-2017)

An encroachment permit for news racks shall be renewable annually.

(Ord. No. O-07-17, § 1, 10-17-2017)

Every news rack permittee shall permanently affix to each news rack placed on or maintained on or projecting over any portion of a sidewalk or parkway the permittee's name, address, and telephone number.

(Ord. No. O-07-17, § 1, 10-17-2017)

A. No person shall install, use or maintain any news rack 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 news rack 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 the location.

C. No person shall install, use or maintain any news rack which is located in a parkway or sidewalk adjacent to property zoned residential, as such zone is defined in this code; provided, however, that this subsection shall not prohibit such placement where the news rack is in a parkway or sidewalk directly in front of a public building within a residential zone which is open to and used regularly by the public, so long as such public building is not an elementary, junior high or high school.

D. No person shall install, use or maintain any news rack or other structure which is located in a parkway or sidewalk adjacent to a public park, in any zone.

E. No person shall install, use or maintain any news rack or other structure which is located in a parkway or sidewalk in any zone within three hundred feet of any public or private school, church, library, community center, or public building if the news rack will contain matter described in CMC 12.45.110.

(Ord. No. O-07-17, § 1, 10-17-2017)

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

A. No news rack shall exceed forty-eight inches in height, thirty inches in width, or twenty-four inches in depth.

B. News racks shall only be placed near a curb or adjacent to a wall of a building. News racks placed near the curb shall be placed no closer than eighteen inches to the face of the curb and no farther than twenty-four inches from the face of the curb, measured from the curb face to the nearest point on the news rack. News racks 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 news rack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another news rack.

C. No news rack shall be chained, bolted or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object without the consent of the owner or such property. News racks shall be bolted to the sidewalk, unless otherwise authorized by the director. Upon removal of a news rack, the permittee shall fully restore the sidewalk or parkway to its original condition. No news rack shall be chained or attached to loose objects including, but not limited to, bricks, rocks, cinder blocks, pipes or other such objects.

D. News racks may be chained or otherwise attached to another; however, no more than three news racks may be joined together in this manner, and a space of not less than forty-two inches shall separate each group of three news racks so attached, unless the news racks are placed adjacent to the wall of a building.

E. Notwithstanding the provisions of CMC 12.45.090(B), no news rack shall be placed, installed, used or maintained:

1. Within five feet of any marked crosswalk;

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

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 or alley approach;

5. Within five feet in front of, and within twenty-five feet to the rear of, any sign or pavement markings designating a bus stop, measured parallel to the flow of traffic;

6. Within six feet of any bus bench;

7. Within three feet of any outdoor sidewalk dining area or area improved with lawn, flowers, shrubs or trees, or block 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;

8. Within forty-two inches of any sidewalk obstruction which shall include, but not be limited to, traffic signals, street light poles, trees, sign posts, telephones, and utility poles;

9. Within one hundred feet of any other news rack or group of news racks on the same side of the street containing the same edition of the same publication, unless the permittee can demonstrate to the Director that the demand for such publication within such one hundred feet requires an additional news rack or racks. The total number of news racks within such one hundred feet shall not exceed the maximum number of news racks allowed by subsection (H) of this section;

10. At any location where the clear space for pedestrians is reduced to less than six feet;

11. Which causes or constitutes a traffic hazard;

12. Which unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property;

13. Which will endanger persons or property;

14. Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway;

15. Where a curb is painted blue, yellow or white;

16. Which obstructs the motoring public's view of pedestrian or traffic and parking signage.

F. No news rack shall be used for advertising signs or publicity purposes other than dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

G. Each news rack shall be maintained in a clean and neat condition and in good repair at all times. Each news rack shall be serviced and maintained so that:

1. It is free of dirt, grease and graffiti;

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

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

4. It is free of rust and corrosion in the visible areas thereof;

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

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

H. No more than six news racks shall be permitted within a space of one hundred feet on the same side of any highway where vehicles are allowed to park, load, unload or stand for any period of time.

(Ord. No. O-07-17, § 1, 10-17-2017)

Publications offered for sale from news racks placed or maintained on or projecting over a sidewalk or parkway shall not be displayed or exhibited in a manner which exposes to public view from a sidewalk or parkway any of the following:

A. Any statements or words describing specified sexual activities or anatomical areas, as defined in Chapter 18.49, Section 18.49.020 of CMC Title 18, 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, perinea, 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 specific sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

(Ord. No. O-07-17, § 1, 10-17-2017)

A news rack may be impounded for being in violation of CMC 12.45.030, 12.45.080, 12.45.090, 12.45.100 or 12.45.110 under the following conditions:

A. The Code Compliance Officer must attach a tag upon the particular news rack found in violation. Thereafter, a written notice of the violation in accordance with CMC Chapter 8.12 shall be sent within two working days to the permittee designated in CMC 12.45.060(A) and the person in immediate charge of the news rack as designated in CMC 12.45.060(C). The permittee or person in immediate charge of the news rack must correct the violation within ten calendar days from the date on the tag or request an appeal pursuant to CMC Chapter 8.12, Section 8.12.060 within that same time for the purpose of demonstrating that the particular news rack is not in violation. The director may impound the news rack if the violation is not corrected or an appeal is not requested in writing within ten calendar days from the date of the tag.

B. Notwithstanding the impound provisions of this section, the Director may immediately correct any violation of CMC 12.32.090 and, if such violation is creating a dangerous or hazardous condition, may immediately impound any such news rack. If the news rack is impounded pursuant to this section, a written notice of such action shall be sent to the permittee and person in immediate charge of the news rack within two working days after the impoundment. The permittee or person in immediate charge of the news rack may request an appeal within ten calendar days from the date of service of the written notice pursuant to CMC Chapter 8.12 for the purpose of demonstrating that the particular news rack was not in violation and should not have been impounded. Notices made pursuant to any section of this chapter shall be deemed served and effective upon the date the notice is provided in person, or by email or facsimile machine, or two calendar days after sending by first class mail.

(Ord. No. O-07-17, § 1, 10-17-2017)

A. Unless the news rack and its contents are being held as evidence in a criminal prosecution, the permittee, or if there is no known permittee a claimant, who provides sufficient proof of ownership of such news rack may have such news rack together with its contents and all moneys, if any, returned within a reasonable time, not to exceed thirty calendar days from the date of removal and impoundment, upon paying an impound fee as established from time to time by resolution of the City Council plus the reasonable cost of impounding, removing, and storing the news rack, if any, in excess of the fee established by the City Council.

B. Should there be a dismissal of an action charging a violation of this chapter, or an acquittal of such charges, the court or City official ordering such dismissal or entering such acquittal shall provide for the release of any news rack and its contents and all moneys, if any, impounded or the return of any impound fee and costs paid for the release of a news rack impounded pursuant to such charges.

C. If the news rack is not being held as evidence in any criminal proceeding, and no criminal proceeding concerning the violation for which the news rack was impounded is still pending, and if no appeal pursuant to CMC Chapter 8.12, Section 8.12.060 has been requested, or, if requested, has resulted in a final decision that the news rack was rightfully impounded, and if the impound fees and costs specified in this chapter have not been paid within the time specified, the Director may sell or otherwise dispose of the news rack and its contents, if any, and retain the proceeds from any such sale or other disposition and any moneys contained in said news rack at the time of its removal and impoundment.

(Ord. No. O-07-17, § 1, 10-17-2017)

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and may be punished in accordance with CMC Chapter 8.12.

B. Notwithstanding any other provision of this chapter, any person who violates CMC 12.45.110 shall be guilty of a misdemeanor and may be punished by imprisonment in the county jail not to exceed six months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

(Ord. No. O-07-17, § 1, 10-17-2017)

The provisions of this chapter shall not limit any other remedies authorized by law.

(Ord. No. O-07-17, § 1, 10-17-2017)

Any news rack which does not comply with this chapter shall be removed or otherwise brought into conformance with this chapter not later than ninety days following the effective date of the ordinance codified in this section ("compliance date"). If any news rack remains in violation of this chapter after the compliance date, the City may take all appropriate legal actions authorized by this chapter to enforce compliance, including impoundment of the news rack.

(Ord. No. O-07-17, § 1, 10-17-2017)