Compton Municipal Code § 20-5 Regulation of Newsracks on Public Rights-of-Way

[Ord. #2185, § 1]

The City Council of the City of Compton finds and determines as follows:

a. That the uncontrolled proliferation and placement of newsracks in the public right-of-way constitutes a threat to public health, safety and general welfare including impeding pedestrian, wheelchair and vehicular traffic; interfering with ingress and egress to and from buildings, vehicles and public transportation; obstructing views of traffic signs and street-crossing pedestrians; and impeding performance of essential utility, traffic control and emergency services; and

b. That unreasonably deteriorated or inadequately maintained newsracks threaten the public health and safety; and

c. That newsracks not reasonably maintained in a neat and clean condition threaten the general welfare including the aesthetic appearance of the public right-of-way; and

d. That the intent of these provisions is to ensure the public health, safety and general welfare is protected without unreasonably restricting the dissemination of constitutionally protected information; and

e. That it is not the intent of these provisions to regulate the placement of newsracks on private property. It shall remain the responsibility of the permittee to determine the property lines and ensure newsracks are placed within the public right-of-way in compliance with this section.

[Ord. #2185, § 1]

As used in this section:

APPLICANT OR PERMITTEE

Shall mean the publisher or distributor, or custodian, employee, officer or other person who, as an agent of the publisher or distributor, has applied for (applicant) or been granted (permittee) a permit pursuant to the provisions of this section.

CITY MANAGER

Shall mean the City Manager or the City Manager's designee(s).

DIRECTOR

Shall mean the Director of the Department of Public Works, or his/her designee.

HARMFUL MATTER

Has the meaning set forth in Section 313 of the California Penal Code, or in any successor provision.

MINOR

Shall mean any natural person under 18 years of age.

NEWSRACK

Shall mean any self-service container or coin-operated box, storage unit or other dispenser that rests or projects, in whole or in part, in or upon any portion of the public right-of-way, and is installed, used or maintained for the display, sale or distribution of any publication listed in the permit granted under this section. Unless otherwise stated in this section, the term newsrack includes shared newsrack and combination dispenser and the same standards and regulations apply to all three.

OPERABLE ELEMENT

Shall mean any component of a newsrack requiring handling or manipulation to obtain the publication therein including the door or coin mechanism.

PARKWAY

Shall mean 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 property line adjacent thereto. Parkway also includes any area within the roadway which is not open to vehicular travel.

PERMIT

Shall mean a permit issued pursuant to this section allowing the placement of a newsrack within a specifically designated portion of a public sidewalk or parkway.

PERSON

Shall mean any individual, company, corporation, association, business, firm, partnership or other legal entity.

PUBLIC RIGHT-OF-WAY

Shall mean any area used or intended for use by the public for pedestrian or vehicular travel within the City, including but not limited to public streets, highways, roadways, sidewalks, median strips, parkways, plazas or alleys.

ROADWAY

Shall mean that part of a public right-of-way that is designated and used primarily for vehicular travel.

SHARED NEWSRACK

Shall mean a single newsrack housing more than one publication, and is subject to the same standards and regulations as a newsrack, unless otherwise stated in this section.

SHARED PERMIT

Shall mean a permit issued to a person as a primary applicant providing for the sharing of a newsrack among specified publications as long as all of the standards of this section are otherwise met. The primary applicant shall be considered the permittee for all purposes under this section except as explicitly set forth.

SIDEWALK

Shall mean that part of a public right-of-way that is designated and used primarily for pedestrian travel.

STREET

Shall mean all areas dedicated to public use for public street purposes and includes but is not limited to roadways, parkways, alleys and sidewalks.

[Ord. #2185, § 1]

No person shall install, use or maintain any newsrack or other related structure which projects onto, into or over any part of the roadway or which rests wholly or in part upon, along or over any portion of the roadway.

[Ord. #2185, § 1]

No person or entity shall knowingly place or maintain in any newsrack which rests in whole or in part, upon, in 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, any publication or material exposed to public view which contains material harmful to minors.

[Ord. #2185, § 1]

It is unlawful for any person to install or permit the installation or maintenance of any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway without first obtaining a permit from the City.

a. General Provisions. One permit will be issued per applicant covering all newsracks in each application. Each permit may be amended quarterly by submitting an amendment of permit application to the Director, provided fees are paid for additional newsracks. A condition of any permit issued under this section is that the permittee shall keep on file with the City an accurate record readily identifying the locations of its newsracks. This information may be used to check the accuracy of information provided in the permit application or compliance with conditions of any existing permit or this section.

b. Initial Permit Application. Applicants interested in installing newsracks shall first submit to the Director a permit application available from the Public Works Department. Applications that do not include all of the requested information and/or documents shall be deemed incomplete. Incomplete applications shall not be processed and shall not automatically be deemed approved under the circumstances specified in paragraph d below. Applications shall contain the following as to each newsrack:

1. The name, address and telephone number of the owner of the newsrack;

2. The name, address and telephone number of the responsible person whom the City may notify or contact at any time concerning the newsrack;

3. The number of newsracks and the exact proposed location of each newsrack shown on an 8 1/2 inch by eleven-inch diagram (to scale), and identifying all items in the public right-of-way, including but not limited to bus benches, street poles and posts, fire hydrants, fire call boxes, driveways, wheelchair ramps, crosswalks, curb returns, buildings, landscaping, other newsracks, and any other public or private improvements within a twenty-foot radius of the proposed location. The above required document shall also be submitted in a digital format that is AUTO cad compatible;

4. A photograph and/or model number of the type of newsrack being used;

5. The name of the publication(s) to be contained in each newsrack;

6. An Indemnification and Hold Harmless Agreement pursuant to subsection 20-5.9 below, and agreement to conform to the requirements of this section;

7. A Certificate of Insurance pursuant to subsection 20-5.10 below;

8. The date that said newsrack(s) is proposed to be installed;

9. (Reserved)

10. An application and processing fee, as established by resolution of the City Council; and

11. Any additional information which the Director may deem necessary for the proper disposition of the application.

12. In the case of a shared permit, all of the information set forth above must be supplied for all publications sharing the newsrack. In addition, the primary applicant shall assume responsibility and authority for complying with all of the standards of this section for the shared permit, and all publications sharing the newsrack must assent to the assumption of responsibility and authority for the primary applicant.

c. Permit Renewal Applications. If a permittee is in compliance with this section, a permit may be automatically renewed for each successive fiscal year by timely payment of the renewal fee established by resolution of the City Council and the filing of a complete permit renewal application by or before the first day of July of each year. Applications that do not include all of the requested information or documents shall be deemed incomplete, shall not be processed, and shall not automatically be deemed approved under the circumstances specified in paragraph d below.

d. Review of Permits. Once submitted, a complete permit application will be reviewed and acted upon within 15 business days. If the applicant is not notified in writing by the 15 business day of approval, denial or extension of the permit review period, the permit application shall be deemed approved.

e. Issuance of Permits. Upon a finding by the Director that the application is complete, accurate and in compliance with this section, a permit shall be issued. Approval of a newsrack permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title or interest in the public property upon, in or over which the newsrack is located, or any part thereof, shall vest or accrue in the distributor or owner of the newsrack by reason of approval of a newsrack permit.

f. Denial of Permit. If an application or portion of an application for a permit is denied, the Director shall promptly notify the applicant in writing of the specific cause for such denial.

g. Permit Revocation. A permit may be revoked if the permittee is found to be in violation of the provisions of this section. Any permit issued in error may be revoked without liability to the City.

h. Sale or Transfer of Permits. Permits shall not be sold or transferred except as a part of the sale of a majority of the related business assets of the permittee. The proposed new permittee shall notify the Director in writing within 10 business days that the permit has been sold or transferred. The notification shall include the name and contact information for the proposed new permittee. No transfer or sale shall be effective until the proposed new permittee executes an Indemnification and Hold Harmless Agreement in favor of the City as required in subsection 20-5.9 below, and obtains the requisite insurance coverage pursuant to subsection 20-5.10 below. Until such time, the existing permittee shall maintain the required insurance coverage and shall remain liable for any personal injury or property damage caused by or related to the permittee's newsrack(s).

[Ord. #2185, § 1]

Newsracks shall comply with the following standards:

a. Any operable element of a newsrack shall not exceed 48 inches in height or be less than 15 inches above the public right-of-way on which it is located.

b. No newsrack or shared newsrack shall exceed 48 inches in height, 30 inches in width or 24 inches in depth. No combination dispenser shall exceed 60 inches in height, 120 inches in width or 30 inches in depth. The top of the coin mechanism shall not be more than six inches above the top of the newsrack.

c. No exterior or interior component of any newsrack shall advertise, publicize or promote anything other than the display, sale or purchase of the publication(s) therein.

d. Newsracks shall only contain current editions of the publication(s) for which the permit was issued.

e. Coin-operated newsracks shall be equipped with a functional coin-return mechanism.

f. Each newsrack shall have permanently affixed in a readily visible place the current name, address and telephone number of the permittee.

g. Each newsrack shall have a door, covering and/or other appropriate device(s) preventing the publications therein from getting wet or falling out due to rain, wind or similar environmental conditions.

h. Each newsrack shall be continuously maintained in a reasonably neat and clean condition and in good repair including: (1) reasonably free of dirt, trash, debris, foreign objects, graffiti, stickers, dents and grease; (2) reasonably free of chipped, faded, peeling and cracked paint in any visible painted areas; (3) reasonably free of rust and corrosion in any visible unpainted metal areas; (4) any clear parts through which publications are visible shall be unbroken and reasonably free of cracks, scratches, dents, blemishes and discoloration; (5) any paper or cardboard parts or inserts shall be reasonably free of tears, peeling or fading; and (6) no structural components shall be broken or unduly misshapen. A maintenance log documenting the permittee's inspection of each newsrack shall be maintained by the permittee and available for inspection upon request of the City.

i. Newsracks shall be installed on a single pedestal or a multiple post using drop-in type anchor bolts to secure newsracks to the public right-of-way, and shall be constructed, installed and maintained in a safe and secure condition approved by the Director.

j. Newsracks shall not be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack unless consent of the owner of such property or object is obtained in writing and presented with the permit application or permit renewal application.

k. All newsracks attached as a group must open in the same direction.

l. Newsracks shall comply with the Americans with Disabilities Act of 1980, as amended, and all regulations adopted thereunder.

[Ord. #2185, § 1]

Upon removal of any newsrack, the permittee, at its expense, shall eliminate any potential hazards to the public, such as bolts, brackets or holes, and shall restore any disturbed area of the public right-of-way to the same or reasonably similar condition as any adjoining public right-of-way by removing any protrusions, cleaning the cavity of debris, filling the cavity with high strength epoxy or grout to meet the elevation of the adjoining public right-of-way, and avoiding potential depressions by taking into account shrinkage and settlement of the new material. The public right-of-way shall be level and free of protrusions or depressions. The permittee shall match as closely as reasonably possible the color, texture and material of any adjoining public right-of-way surface.

[Ord. #2185, § 1]

Newsracks shall be located in accordance with the following:

a. No portion of any newsrack shall project into or be located in any roadway.

b. Newsracks shall be placed no closer than six inches of the roadway edge of any curb painted red.

c. Newsracks shall be located only adjacent to the curb (if there is no curb, then to the edge of the roadway), or the wall of a building.

d. Except as stated in paragraph b above, newsracks located adjacent to the curb (or edge of the roadway) shall be located no less than 18 inches or more than 24 inches from the roadway edge and shall not open toward the roadway.

e. Newsracks located adjacent to a building shall be located parallel to and not more than six inches from the wall. The Director may approve a distance of more than six inches if required for proper maintenance of surface behind the newsrack, and the safe flow of pedestrian or wheelchair traffic is not impaired.

f. No portion of a newsrack shall be located directly in front of any display window except near the curb.

g. No newsrack shall be located directly opposite another newsrack on the same public right-of-way.

h. Newsracks may be placed next to each other, provided no group of newsracks extends more than 10 feet along a curb and a clear paved space of at least four feet separates each group of newsracks. If the Director determines a violation exists, priority to remain shall be given first to newsracks evidencing the earliest date of installation, followed by newsracks with the highest frequency of publication, followed by a lottery.

i. No newsrack of shared newsracks shall weigh, in the aggregate, in excess of 125 pounds when empty.

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

1. Within five feet of any marked crosswalk;

2. Within 15 feet of the curb return of any unmarked crosswalk;

3. Within five feet of fire hydrant, fire call box, fire lane, police call box, traffic signal controller, traffic signals or other emergency facility;

4. Within 10 feet of a driveway or alley approach;

5. Within five feet ahead of and 25 feet to the rear of any sign marking a designated bus stop;

6. Within six feet of any bus bench or transit advertising shelter;

7. At any location reducing the clear space for the passage of pedestrians to less than four feet. When feasible, newsracks should be placed to allow the widest path of travel;

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

9. Within 150 feet of another newsrack containing the same publication and located on the same side of the public right-of-way in the same block;

10. Within five feet of a curb painted blue, or within three feet of a curb painted yellow or white; or

11. So as to unreasonably obstruct or interfere with: the flow of pedestrian, wheelchair or vehicular traffic; sites used for public utility purposes or other government use; the ingress or egress to or from any residence or building; or the use of poles, traffic signs and signals, hydrants, mailboxes or other objects permitted by the City at that site.

[Ord. #2185, § 1]

The permit application and any permit renewal application shall include an Indemnification and Hold Harmless Agreement in favor of the City in substantial compliance with this section, which must be executed by every permittee, and person on a shared permit, prior to issuance of any permit under this section. Pursuant to the Indemnification and Hold Harmless Agreement, the permittee shall agree to defend, indemnify, protect and hold the City, and its elected officials, officers, representatives, agents and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including its own employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by any newsrack owned by or attributable to the permittee; provided however, that the permittee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or sole willful misconduct of the City.

[Ord. #2185, § 1]

A condition for issuance of a permit pursuant to this section, is that every permittee, and person on a shared permit, agrees to maintain a policy of public liability insurance, naming the City of Compton, its officials, officers and employees as an "additional insured," in an amount of not less than $500,000 combined single limit for any injury to persons and/or damage to property by reason of installation, use and maintenance of such newsrack on public property. The policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the City having been given 30 days' prior written notice thereof by such carrier. The permittee shall provide and keep in force that policy of public liability insurance during such time as it continues to operate any newsrack under the terms of this section. If the insurance is canceled at any time during the term of the permit, it shall be grounds for revocation of the permit. No newsrack may be installed, used or maintained until permittee provides the City with evidence of the requisite insurance, including proof on the endorsement page(s) that the City is an "additional Insured."

[Ord. #2185, § 1]

a. Notwithstanding any condition upon which summary removal is available, enforcement action may be initiated upon determination by the Director that a newsrack has been abandoned as set forth in subsection 20-5.14 below, or installed, used, or maintained in violation of this section or any condition of the permit. The permittee will be notified in writing of the alleged violation, the intent of the City to remove the newsrack if the violation is not corrected or a hearing not requested within five business days after the giving of such notice of violation and intent to remove, and the procedure for requesting an appeal hearing. Failure to properly correct the violation or to appeal the notice within five business days of the date of the notification shall result in the newsrack being summarily removed and stored by the Public Works Department. Appeals shall be processed pursuant to subsection 20-5.15 below. A removal and storage fee, as established by City Council resolution, shall be assessed against each newsrack removed. A timely request for an appeal hearing shall stay removal; provided, however, if the violation is not corrected within five calendar days after the decision of the City Manager, the City may remove the newsrack in accordance with paragraph b of this section.

b. Whenever a newsrack is removed by the City and stored, the Director shall notify the permittee by mailing a notice of removal, stating the date the newsrack was removed, the reasons therefor, the procedure for claiming the newsrack and the procedure for obtaining a post-removal hearing, if desired. Any newsrack removed and stored pursuant to the provisions of this subsection shall be released to the permittee if claimed within 30 continuous calendar days from the date of notice of removal and on payment of reasonably incurred removal and storage fees. Upon the failure of the permittee to claim such newsrack and pay the fees within 30 continuous calendar days after the mailing of the written notice of removal, the newsrack shall be deemed abandoned property in possession of the City and may be disposed of pursuant to law.

c. If the Director determines that the condition or placement of a newsrack poses an imminent threat to the safety of pedestrians or wheelchair users, or the safe flow of vehicles; or that a newsrack is located within the public right-of-way without a permit, the Director may cause the newsrack to be summarily removed without prior notice.

d. Upon the summary removal of a newsrack, the Director shall notify the permittee by mailing a notice of summary removal, stating the date the newsrack was removed, the reasons therefor, the procedure for claiming the newsrack and the procedure for obtaining a post-removal hearing, if desired. Any newsrack removed and stored pursuant to the provisions of this subsection shall be released to the permittee if claimed within 30 continuous calendar days from the date of notice of summary removal and on payment of reasonably incurred removal and storage fees. Upon the failure of the permittee to claim such newsrack and pay the fees within 30 continuous calendar days after the mailing of the written notice of removal, the newsrack shall be deemed abandoned property in possession of the City and may be disposed of pursuant to law.

e. If the permittee or otherwise responsible party cannot be readily contacted based exclusively on information provided in a current permit, related permit application or information affixed to the newsrack, no further action on behalf of the City is required. If the responsible party thereafter notifies the Director to reclaim the offending newsrack, and the newsrack has not been deemed abandoned and disposed of, a notice of summary removal and procedure for obtaining a post-removal hearing shall be served in accordance with paragraph d above, unless waived by the responsible party.

[Ord. #2185, § 1]

All newsracks require timely payment of an annual permit fee established by the City Council. No refunds are provided for newsracks taken out of service. Permit fees are due and payable annually on the first day of July of each year, and shall be prorated for any partial year. Annual permit fees shall be delinquent after 30 days past due. A late payment fee shall be assessed on all delinquent amounts in accordance with subsection 9-1.6. The fee is based on the total number of newsracks in service in the public right-of-way. This fee shall be sufficient to recover the costs of processing the permit application and enforcing permit requirements.

[Ord. #2185, § 1]

The City Council may set fees on an annual basis to recover all reasonable costs of reinspection and removal of newsracks. Any time a newsrack is caused to be removed, summarily or otherwise, due to violations of this section, the City may recover all reasonable costs to include:

a. Cost of the investigative and administrative staff to process the case.

b. Cost of newsrack removal including the costs of any necessary sidewalk repair and/or storage of the newsrack.

[Ord. #2185, § 1]

A newsrack shall be deemed abandoned if it: (1) is removed pursuant to subsection 20-5.11 above, and unclaimed for 30 continuous calendar days from the date of notification of removal; or (2) remains empty or without a permitted publication for 30 continuous calendar days. Newsracks deemed abandoned may be disposed of pursuant to law. The City may dispose of a newsrack and shall not be responsible for any newsrack, including its contents, deemed abandoned for 60 continuous calendar days.

[Ord. #2185, § 1]

Any person or entity aggrieved by a finding, determination, notice, order or action taken under the provisions of this section may appeal the same by filing an appeal. An appeal must be perfected within five business days after receipt of notice of any protested finding, determination, notice, order or action by filing with 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 15 business days after receipt of the letter of appeal unless appellant requests a longer time period. The City Manager shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, order or action should not be upheld. Within 30 calendar days of the conclusion of the hearing, the City Manager shall affirm, overrule or modify the finding, determination, notice, order or action. The decision of the City Manager shall be final and conclusive.

[Ord. #2185, § 1]

A permit issued under this section shall not substitute for any business license otherwise required under this Code.

[Ord. #2185, § 1]

Any violation of the provisions of this section is an infraction, and upon conviction thereof, shall be subject to a fine not to exceed $50 for a first violation; a fine not exceeding $100 for a second violation in the same calendar year; and a fine not exceeding $200 for each additional violation in the same calendar year. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

[Ord. #2185, § 1]

a. The provisions of this section shall apply to all newsracks, whether installed and maintained prior to or after the effective date of this section. Those newsracks installed prior to the effective date of this section shall be brought into compliance with the provisions of this section within 90 calendar days of the effective date of this section.

b. Any newsracks not brought into compliance within 90 days after the effective date of this section[1] shall be deemed to be in violation of this section.

[1]

Editor's Note: Ordinance No. 2185, codified herein, was adopted December 16, 2008.

c. The City Clerk shall notify all publications or distributors who, prior to the effective date of this section, have newsracks located within the City of the enactment of this section by mailing a copy thereof to each such distributor or publication.