Costa Mesa Municipal Code Art. 1 In General

The city council finds that the present marketing methods used for newspapers, magazines and other goods upon rights-of-way by means of easily movable, individual, freestanding, vending machines poses hazards to the traveling public, interferes with the property rights of adjacent owners and with other legitimate users of the right-of-way, causes visual blight and detracts from the aesthetics of adjacent uses, and results in an unnecessary degree of exposure of the city to liability claims.

The city council hereby intends to regulate and control such conditions by declaring them to be a public nuisance, and to provide for their abatement and for procedures for notice, hearing and appeal, where applicable.

(Ord. No. 79-7, § 2, 6-4-79)

The words and terms used in this chapter shall have the following meanings, notwithstanding other laws or interpretations, unless a contrary intent is clearly indicated.

Content.

The material located inside a vending machine, whether a publication or goods, for purposes of sale or distribution to members of the general public.

Custodian.

The owner of a vending machine.

Director.

The director of public services department of the City of Costa Mesa, or his authorized designee.

Display window.

Any window located or utilized so as to exhibit or make a presentation of merchandise; or any window located or utilized so as to give evidence to the general public of the interior of a business establishment.

Goods.

All goods, wares and merchandise, other than publications, intended for sale or distribution to members of the general public.

Laterally.

The mode of measuring distances herein by using the curbline or edge of a street as the plane of reference, and measuring horizontally along that plane.

Permanent vending machine.

A vending machine that is affixed to the ground, sidewalk or improvements upon the right-of-way by bolts or poles, and not readily movable.

Person.

An individual, firm, partnership, corporation or other legal entity.

Physical location.

The spatial relationship of an object with other objects.

Portable vending machine.

A vending machine that is readily movable from place to place.

Publications.

All newspapers, magazines or other printed matter with words or pictures, howsoever prepared or reproduced, that are intended for sale or distribution to members of the general public.

Right-of-way.

shall have the all inclusive meaning pertaining to public highways, streets, roads, sidewalks, etc., dedicated to and intended for use of the traveling public, whether vehicular or pedestrian, located within the city of Costa Mesa.

Sidewalk.

That portion of the right-of-way used and intended for pedestrian travel, whether paved or unpaved.

Street.

That portion of the right-of-way used and intended for vehicular travel and generally bounded by curbs.

Vending machines.

Any mechanical device the operation of which depends upon the insertion of a coin or other thing representative of value in the denomination of five cents ($0.05) or more, and which dispenses or vends a product, service, or exchange of equal value, other than telephone service furnished under public utility tariffs. The term shall not be construed to include any equipment used by a financial institution for the purpose of facilitating financial transactions, whether such equipment is located on the premises of the financial institution or at a location remote therefrom.

(Ord. No. 79-7, § 2, 6-4-79)

(a) Any custodian seeking to place, maintain or install vending machines upon any right-of-way within the city shall obtain a placement permit as herein provided. Only one such permit shall be required for a custodian, and it shall be valid for all locations within the city approved for use by said custodian.

(b) Applications for said permit, in the form approved by the director, shall set forth the information as to identity of custodian, the proposed locations for the vending machines, the nature of the contents (i.e. whether renewed daily, weekly, monthly, etc.) and, if newspapers, whether same has been adjudicated to be a newspaper of general circulation for this area pursuant to the provisions of the California Government Code Sections 6020 to 6027.

(c) The application shall contain a provision by which the custodian agrees by signing the application that if the permit is granted he will indemnify and hold harmless, protect, and defend the city, its elective and appointive boards, officers, agents, and employees from and against any and all claims, costs, expenses, or damages of any nature (including attorney's fees), by reason of injury sustained by any person, including death at any time resulting therefrom, or by reason of loss, loss of use of, injury to, or destruction of property, including consequential damages of any nature resulting therefrom, arising out of the placement or maintaining of any vending machine by custodian within the right-of-way.

(d) All custodians shall pay a fee to the city when applying for a placement permit. The fees received shall be used to pay for the processing of the applications, inspecting the proposed sites for the vending machines, and any other expenditures related to the administration of this chapter. The city council shall, as often as it deems appropriate, establish a schedule of fees for this purpose by resolution.

(e) The director shall, after reviewing an application and determining that the custodian has complied with the requirements of this chapter, issue the placement permit. The decision of the director shall be final, unless appealed as herein provided.

(Ord. No. 79-7, § 2, 6-4-79)

Every custodian of a vending machine located upon the right-of-way shall comply fully with the provisions of the California Business and Professions Code section 17570, by affixing to each such vending machine his name and address in a place where it may be seen by anyone using the machine.

(Ord. No. 79-7, § 2, 6-4-79)

Every custodian of a vending machine located upon the right-of-way must comply with the provisions of Costa Mesa Municipal Code, Licenses and Businesses Regulations, Title 9, section 9-102.

(Ord. No. 79-7, § 2, 6-4-79)

Every custodian of a vending machine located upon the right-of-way shall secure and maintain a policy of public liability insurance for injuries to persons or property proximately arising out of accidents attributable to the placement of any of his vending machines upon the right-of-way. Said policy shall provide insurance coverage of at least $100,000 for injury or death to any one person, $300,000 for injury or death arising from any one accident or occurrence, and $10,000 for property damage. The policy of insurance so provided shall contain a contractual liability provision covering the liability assumed by the custodian by the terms of his placement permit and shall contain a provision that such policy may not be cancelled or modified except after 30 days notice in writing given to the city clerk of the City of Costa Mesa. Certificates evidencing the said insurance shall be filed with the city clerk of the City of Costa Mesa after approval of the city attorney.

No vending machine shall be used for advertising signs or publicity purposes other than dealing with their display, sale, or purchase or the publications or goods therein contained.

(Ord. No. 79-7, § 2, 6-4-79)

Every custodian shall maintain his vending machines in a clean, neat, and attractive condition and in good repair at all times.

(Ord. No. 79-7, § 2, 6-4-79)