Corona Municipal Code Ch. 12.36 News Racks

The City Council hereby finds and declares:

(A) The city has significant interests in:

(1) Promoting vehicular traffic and pedestrian safety and convenience;

(2) Preventing damage to public sidewalks, structures, and landscaping;

(3) Preventing visual clutter; and

(4) Protecting the aesthetic character of an area.

(B) The city has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that public streets, sidewalks and rights-of-way in the city are not unreasonably obstructed by news racks, and that news racks are properly maintained.

(C) The proliferation of news racks on the streets and sidewalks of the city, in particular, excessive, poorly maintained or abandoned news racks, has contributed and/or may contribute to the congestion of the city sidewalks, impeded the flow of pedestrian traffic, interfered with the use of streets, sidewalks and public rights-of-way, presented hazards to persons and property, and resulted in substantial visual blight.

(D) The city has a substantial interest in preserving and protecting the unique visual and aesthetic qualities of the city. To that end, and consistent with the its general plan, the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of news racks, poorly maintained news racks, and the unrestricted placement of news racks on streets, sidewalks and rights-of-way in the city.

(E) Based upon the experience of city staff and an evaluation of news rack options by city staff, the most effective way to reduce the visual clutter and hazards associated with excessive numbers of news racks and dangerous placement of news racks is to limit the number and location of news racks installed in the rights-of-way within Corona.

(F) Thus, the purpose of this chapter is to promote the public health, safety and welfare and the aesthetic qualities of the city by regulating, as a reasonable time, manner, and place regulation, so as to:

(1) Provide for pedestrian and driving safety and convenience;

(2) Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

(3) Ensure compliance with the Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located news racks;

(4) Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, delivery areas, loading zones, transit shelters, curb and handicapped ramps and other street furniture;

(5) Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located or abandoned news racks;

(6) Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through news racks;

(7) Protect the unique architectural, historical, and aesthetic attributes of the city;

(8) Reduce exposure of the city to personal injury or property damage claims and litigation;

(9) Provide for public and property safety during emergency conditions; and

(10) Maintain and protect the values of surrounding properties.

(G) In adopting this chapter, the City Council is mindful that news rack regulations implicate rights protected by the First Amendment of the United States Constitution and Article I, Section 2 of the California Constitution. To that end, the City Council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

(H) Given the limited space available within its rights-of-way, the city has a substantial interest in devising a systematic approach to news rack removal and placement in rights-of-way to ensure a fair and equitable distribution of newspapers and periodicals. The City Council declares that this objective and the other aforementioned objectives are best achieved by adopting this chapter and creating regulations to allow news racks in quantities and locations that will not interfere with the use of rights-of-way.

(Ord. 3109 § 2 (part), 2012)

No person, whether as a principal or agent, clerk or employee, either for himself or herself 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 public right-of-way, unless and until a news rack permit has been obtained from the Director of Public Works or his or her designee (the “Director”). A permit issued under this chapter shall not substitute for any business license otherwise required under this code.

(Ord. 3109 § 2 (part), 2012)

(A) Upon proper application on forms provided by the Director, which may require any of the information described in § 12.36.050 and § 12.36.100 of this chapter, the Director shall issue the applicant a biannual news rack permit for each requested news rack or group of news racks, as defined in § 12.36.070(D), that meets all of the requirements of this chapter.

(1) The permit shall be valid for a period of two consecutive calendar years.

(2) Notwithstanding any other provision of this chapter, the Director may not refuse to issue a news rack permit properly applied for.

(B) Each application must be accompanied by 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 located within 25 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.

(C) Each application shall be accompanied by a nonrefundable permit application fee, in an amount to be determined by resolution of the City Council, for each proposed news rack or group of two or three news racks.

(1) If the permit for the placement of a new news rack or new group of news racks is issued after the beginning of the calendar year, then the fee shall be reduced proportionally per news rack for each month less than the full calendar year.

(2) The fee shall offset the costs of administration and inspection services incurred by the Director in connection with the review of the application and the costs of monitoring and enforcing this chapter.

(D) Each news rack or group of news racks proposed to be placed or maintained on or projecting onto any right-of-way shall require a separate permit.

(E) A permit identification decal will be issued for each news rack.

(F) Replacement identification decals can be obtained with payment of a nonrefundable permit identification decal replacement fee, in an amount to be determined by resolution of the City Council.

(G) The City Council shall adopt the fee and service charge schedule by resolution, in accordance with the process provided for by state law and this chapter.

(Ord. 3109 § 2 (part), 2012)

The Director may develop and issue guidelines implementing the provisions of this chapter. In acting upon any application for a news rack permit or the renewal thereof, the Director shall either approve, approve with conditions, or deny the issuance or renewal of a permit. A permit shall be approved if the Director finds the following are true, and shall be approved with conditions to the extent necessary to make the following findings true:

(A) That the proposed use of the rights-of-way is in compliance with all applicable provisions of this chapter; and

(B) That the proposed use of the rights-of-way is consistent, and does not unreasonably interfere, with the use of the rights-of-way by other users and holders of other permits.

(Ord. 3109 § 2 (part), 2012)

(A) Each news rack permit shall expire at the end of the second calendar year in which it was issued.

(B) The holder of multiple news rack permits may renew biannually all news rack permits in one permit renewal application.

(C) A permit renewal application must:

(1) Be received by the Director 30 days before the expiration of the permit or permits;

(2) Comply with all of the requirements of this chapter; and

(3) Be accompanied by a nonrefundable permit renewal application fee, in an amount to be determined by resolution of the City Council, for each news rack permit to be renewed.

(D) A renewal application meeting the requirements of subsection (C) shall be approved, provided that conditions may be imposed on the renewal to the extent necessary to make the findings in § 12.36.040 true.

(E) An application received later than the date specified in this section shall be treated as a new application, rather than an application for renewal.

(Ord. 3109 § 2 (part), 2012)

Every news rack permittee shall permanently affix the following to each news rack placed or maintained on, or projecting onto any right-of-way, in a manner clearly visible from the street:

(A) The permittee's name, address, and phone number; and

(B) The permittee's permit number and the Director's enforcement telephone number, using decals provided by the Director.

(Ord. 3109 § 2 (part), 2012)

No person shall place or maintain any news rack on or projecting onto any portion of the right-of-way or highway on which vehicles travel. News racks placed or maintained on or projecting onto any rights-of-way shall comply with the following standards and requirements:

(A) No news rack shall exceed 48 inches in height, 30 inches in width, or 24 inches in depth.

(B) News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no closer than 18 inches to the face of the curb, and no farther than 24 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.

(C) No news rack shall be chained or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object, unless the permittee shall have first obtained the written permission of the owner of the object to which the news rack is affixed. News racks shall be bolted to the sidewalk, unless otherwise approved by the Director. Upon removal of a news rack, the permittee shall fully restore the sidewalk 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 one another. However, no more than three news racks may be joined together in this manner (“group of news racks”), and a space of no less than 42 inches shall separate each group of news racks so attached, unless the news racks are placed adjacent to the wall of a building.

(E) No news rack or group of news racks shall be placed, installed, used or maintained at any location:

(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 any fire hydrant, fire call-box, police call-box, or other emergency facility;

(4) Within five feet of any driveway;

(5) Within five feet in front of, and within 25 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 or shelter;

(7) Which causes, creates or constitutes a traffic hazard;

(8) Which unreasonably obstructs or interferes with access to, or the use and enjoyment of abutting property;

(9) Which will endanger persons or property;

(10) Which will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway or right-of-way;

(11) Where the clear space for the passage of pedestrians is reduced to less than 42 inches;

(12) Within 42 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;

(13) Where a curb is painted blue, yellow or white;

(14) Within three feet of any display window of any building abutting the right-of-way, or in such manner as to impede or interfere with the reasonable use or visibility of such window for display purposes;

(15) Which obstructs the motoring public's view of pedestrians or traffic and parking signage;

(16) Within 100 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 100 feet requires an additional news rack or racks. The total number of news racks within such 100 feet shall not exceed the maximum number of news racks allowed by subsection (H) of this section.

(F) No news rack shall be used for advertising or publicity purposes other than for the display, sale or purchase of the publication 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) It is free of rust and corrosion in the visible areas thereof;

(4) 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;

(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 100 feet on the same side of any right-of-way where vehicles are allowed to park, load, unload, or stand for any period of time.

(Ord. 3109 § 2 (part), 2012)

Publications offered for sale from news racks placed or maintained on or projecting onto the right-of-way shall not be displayed or exhibited in a manner which exposes to public view from the right-of-way 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.

“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 acts of sexual arousal involving any physical contact with a person's genital, pubic region, pubic hair, perineum, anus or anal region.

(Ord. 3109 § 2 (part), 2012)

(A) No harmful matter, as defined in Penal Code §§ 313 et seq., shall be displayed on any right-of-way without the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view.

(B) This section shall not apply to news racks that are placed or projected upon rights-of-way, and which are subject to the provisions of§ 12.36.080.

(Ord. 3109 § 2 (part), 2012)

(A) As a condition of the issuance or renewal of a news rack permit, the permit holder shall agree in writing to defend, indemnify and hold harmless the city from and against any and all liability, expense, including defense costs and legal fees, claims and causes of action for damages of any nature whatsoever, including, but not limited to, bodily injury, death and/or property damage, arising from or connected with the issuance and/or renewal of the permit, the placement or maintenance of the news racks on or projecting onto rights-of-way, and/or any act or omission of the permittee or the permittee's agent(s) with respect to such news racks.

(B) In addition, and without limiting the above obligation to defend, indemnify and hold harmless the city, permittee shall present, along with each application for or renewal of a permit, evidence of liability insurance providing minimum coverage of $1,000,000, and naming as additional insured the city and its officers and employees. The City Council may increase the amount of insurance required by resolution.

(C) Each permittee shall maintain the required insurance at all times during which the permittee places or maintains any news rack on or projecting onto any right-of-way.

(Ord. 3109 § 2 (part), 2012)

The Police Chief or the Director or their designates:

(A) May immediately correct any violation of § 12.36.070, and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense;

(B) May, notwithstanding any other provisions of this chapter, immediately remove and impound any news rack in violation of this chapter if the violation is creating a dangerous or hazardous condition which cannot be corrected simply, easily, quickly and without expense. Notice of such action and the right to request a hearing in accordance with this chapter shall be mailed to the permittee, or person, if known, maintaining such news rack, within five working days after such action;

(C) May notify the permittee of a news rack in violation of any provision of this chapter or any other applicable law, or notify the person, if known, who maintains such news rack, either in person or by mail, at the Police Chief’s or Director's discretion, that, unless the violation is corrected or a hearing requested within ten days of the date of the notice, the news rack shall be removed and impounded.

(Ord. 3109 § 2 (part), 2012)

(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 an impounded news rack may, at any time up to and including the 30th day after the impounding, and if a hearing pursuant to this chapter is held concerning the news rack, may, at any time up to and including the 30th day after the decision at such hearing becomes final, obtain a return of the news rack and its contents, upon paying an impound fee of $100 plus the reasonable additional cost, if any, of impounding the news rack in excess of $100.

(B) After a hearing in accordance with this chapter, the Director may order the news rack returned without payment of any impound fee; or, if an impound fee has previously been paid, may order return of any such impound fee.

(C) A court before whom criminal charges concerning an impounded news rack are pending, may, upon dismissal of the charges or a finding of acquittal, at its discretion, order an impounded news rack returned without payment of an impound fee or the return of the impound fee paid.

(D) If a hearing on the impounding of a news rack is not timely requested, or if the requirements for the return of a news rack are not complied with, the Police Chief or the Director or their designates may sell or otherwise dispose of the news rack and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in the news rack, in the city treasury, in the case of impounding by the police, or in the road fund, in the case of impounding by the Director.

(Ord. 3109 § 2 (part), 2012)

(A) Request for hearing. Any permittee or person maintaining a news rack in violation of this chapter may, at any time within ten days of the date of the notice of violation, request in writing a hearing before the Director.

(B) Stay pending decision. A timely request for a hearing made prior to any impounding shall operate to stay any impounding until five working days after the decision is rendered, unless further stayed pending any appeal therefrom.

(C) Conduct of hearing. A hearing shall be held, unless continued by agreement, within five working days of the request for a hearing. At the hearing, any person may present evidence or argument as to whether the news rack was in violation of this chapter, or whether the news rack should be returned without payment of an impound fee.

(D) Decision. A decision shall be rendered within five working days after the close of the hearing.

(E) Notice of decision. The Director may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail.

(Ord. 3109 § 2 (part), 2012)

(A) Appeal. Any person who requested a hearing may, within five days after notice of the decision therein is given pursuant to this chapter, appeal such decision to the City Council.

(B) Contents of appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the Director, who shall forthwith forward the appeal, together with a copy of the decision, to the City Clerk.

(C) Stay pending appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the City Council pursuant to this section.

(D) Action by Council. Upon receipt of the appeal and decision, and as soon as practical, the City Council may take any one of the following actions:

(1) Grant a stay of the decision or any impounding pending further consideration by the City Council;

(2) Approve the decision and order;

(3) Refer the matter back to the Director, with or without instructions;

(4) Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held.

(E) Stay pending action by Council. Action taken by the City Council pursuant to subsection (D)(3) or (D)(4) of this section shall operate to stay the decision or any impounding pending final resolution of the issue of whether the news rack was in violation of this chapter, or whether the news rack should be returned without payment of an impound fee.

(F) Effective date of Council action. Action taken by the City Council pursuant to subsection (D)(2) of this section shall be effective two working days after the action is taken.

(Ord. 3109 § 2 (part), 2012)

If any section, subsection, subpart, or provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of this chapter and the application of such to other persons or circumstances shall not be affected thereby.

(Ord. 3109 § 2 (part), 2012)