El Monte Municipal Code Art. III Newsracks

The purpose of this chapter is to promote the public peace, health, safety and aesthetics by regulating the placement, design, appearance and servicing of publication vending machines so as to protect against:

A. The dangers of impairing the vision of motorists and pedestrians, particularly small children;

B. The dangers of unreasonably impeding the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles;

C. Poorly designed and constructed publication vending machines which are inadequately secured to the underlying foundation, being knocked down, thrown and windblown into public streets;

D. Neglectful servicing of publication vending machines resulting in a visual blight on the city's parkways and sidewalks and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements;

E. Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mail boxes or locations used for public transportation services; or

F. Unnecessary exposure of the city to personal injury or property damage suits.

(Ord. 2538 § 2 (part), 2001)

For purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with context, words used in the present tense include the future, words in the plural number include singular number words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

"Affected party" means any person having any proprietary interest in any news rack, newsstand and/or similar device.

"Applicant" or "permittee" means the publisher or distributor, or custodian, clerk, employee, officer or other person who, as an agent of the publisher or distributor, has applied for (applicant) or been granted (permittee) a placement permit pursuant to the provisions of this chapter.

"Blinder rack" means a device attached to a publication vending machine which shields from view the lower two-thirds of any material contained in the publication vending machine.

"Director" means the City Engineer of the city of El Monte, or the official exercising the duties of that office as it now exists, or the designee of such official.

"Harmful matter" or "material harmful to minors" means matter, taken as a whole, which, to the average person applying contemporary statewide standards, appeals to the prurient interest and is matter which, taken as a whole, depicts or describes in a patently offensive way, sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.

"Minor" means any natural person under eighteen (18) years of age.

"Parkway" means that area between the property line and the curb of any street and, where there is no curb, that area between the edge of the roadway and the property line adjacent thereto. Parkway also includes any area within a roadway which is not a sidewalk and is not open to vehicular traffic.

"Person" means any individual, firm, partnership or other local entity.

"Publication vending machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed or used for printed material, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.

"Roadway" means that portion of the street generally used for public use for public vehicular traffic.

"Sidewalk" means that portion of the street provided for the exclusive use of pedestrians.

"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. 2538 § 2 (part), 2001)

A. No person shall install, use or maintain any publication news rack, newsstand and or similar device 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.

B. No person shall install, use or maintain any publication vending machine on public property in the city without following the procedures set forth in this chapter.

C. Subject to amortization periods set forth in Section 12.28.475, newsracks, newsstands and/or similar devices shall only be installed or maintained on those portions of Garvey Avenue, Peck Road, Valley Boulevard, and Durfee Avenue within the mixed/multiuse (MMU), C-2/2D, C-3/3D, or C-4/4C zones. News racks, newsstands and/or similar devices are prohibited in all other zones and portions of Garvey Avenue, Peck Road, Valley Boulevard, and Durfee Avenue.

(Ord. 2538 § 2 (part), 2001)

(Ord. No. 2896, §§ 2, 3, 10-4-2016)

A. No person shall install or maintain any news rack, newsstand and/or similar device which rests, either wholly or in part, upon, along or over any sidewalk without first complying with the business licensing provisions of Chapter 5.04, the business permit requirements of Chapter 5.12, and other requirements set out in this chapter.

B. The director may revoke the registration of any news rack, newsstand and/or similar device if the Director, in his or her sole discretion, determines such news rack, newsstand and/or similar device must be removed from its approved location in order to effectuate or accommodate any change in the street, sidewalk, roadway or parkway, in any public or private infrastructure contained therein, including, without limitation, any utility lines, or in or on any building or structure in the vicinity of such news rack, newsstand and/or similar device.

(Ord. 2538 § 2 (part), 2001)

A. Every application for a permit must contain the following information:

1. Name, address and telephone number of applicant;

2. Name, address and telephone number of the owner of the news rack, newsstand and/or similar device if different from the applicant;

3. The exact location of each news rack, newsstand and/or similar device to be installed and/or maintained. A plan drawn to a scale of one inch=five (5) feet will be required. Said plan will show the location of the proposed news racks along with all existing and proposed improvements. A vicinity map should be submitted with this plan;

4. Applicants who are publishers or owners of adjudicated publications and newspapers of general circulation pursuant to of the California Government Code and who wish to be considered as such for purposes of this chapter, must provide proof of such adjudication at the time of application for registration;

5. Any additional information which is necessary for the proper disposition of the application in accordance with the regulations of this chapter;

6. Written statement agreeing to hold harmless and indemnify the city for any damage or injury arising out of the placement, installation and/or maintenance of any news rack, newsstand and/or similar device on any sidewalk in accordance with Section 12.28.450;

7. Applicant shall comply with the insurance requirements of Section 3.24.160 of this code except for subsection (B) therein. Subject to further review by the Permit Committee, applicant shall be insured in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury and property damage. The city, its officers, employees, agents, and volunteers shall be included on the certificate of insurance as additionally insured;

8. A complete description of the news rack, newsstand and/or similar device to be installed, including manufacturer name, model, dimensions, color, and any unusual, distinctive or unique attributes;

9. Photographs, depiction, rendering or drawing of the actual or similar news rack, newsstand and/or similar device to be installed is required; and

10. Payment of permit fees and licensing fees pursuant to the provisions of this chapter and Title 5 of this code.

B. If the proposed news rack, newsstand and/or similar device will contain harmful matter, the application shall contain a separate written attachment containing all of the following:

1. A summary of Penal Code Sections 313.1 and 313.4 as they exist on the date of registration;

2. A detailed description of how the news rack, newsstand and/or similar devise will be "adult supervised" and what precautions will be put into place to prevent access to the news rack, newsstand and/or similar devise by minors;

3. If tokens or special cards will be used to access the news rack, newsstand and/or similar devise, a list of locations at which the tokens or cards will be made available. The list of locations shall include the name of the residence or business location, the address, the telephone number and the name of the contact person at the location who shall be responsible for selling, distributing or giving out the tokens or cards; and

4. Any application that complies with the requirements of this code and any other applicable county, state or federal law shall be approved.

C. The Permit Committee shall review all applications for registration and shall determine whether the applicant complies with all requirements and standards as set forth in this chapter. The Permit Committee may approve or authorize an alternative location for placement of the proposed news rack, newsstand and/or similar device consistent with the requirements set forth in this chapter. The Permit Committee shall be guided therein solely by the standards and criteria set forth in this chapter and Section 5.12.120. Such application may be granted either in whole or in part when more than one location is proposed by the applicant, and in any event, when denial is solely as to location, the applicant shall be without prejudice to amend such application to state a different location or locations.

D. Within sixty (60) days after submission, the Permit Committee shall either approve the application and issue the requested permit, or, if the application does not satisfy the requirements of this chapter, shall reject such application and shall inform the applicant in writing of the reasons for such rejection.

E. In lieu of filing a new application for the purpose of deleting an approved location, adding a new location, or changing an approved location to another location, an applicant may file an amendment to an application theretofore filed by him or her during the current calendar year, specifying an approved location to be deleted, the new location to be added, or an approved location to be changed to another location; no additional fee shall be required for the filing of any such amendment, but such amendment shall be processed and subject to approval the same as a new application.

(Ord. 2538 § 2 (part), 2001)

No permittee shall locate or maintain any news rack, newsstand and/or similar device at a point or location other than that specified within the permit for the news rack, newsstand and/or similar device.

(Ord. 2538 § 2 (part), 2001)

A. Installation Without Permit. Any news rack, newsstand and/or similar device installed without a permit or which fails to comply with the provisions of Section 12.28.370 shall be removed by the news rack operator, distributor or entity responsible for the news rack, newsstand and/or similar device. The Director may order the removal and storage of any news rack, newsstand and/or similar device at the offender's expense if the offender fails to do so within ten (10) calendar days after notice. Where the owner and/or address of the owner is unknown, tagging of the news rack, newsstand and/or similar device shall constitute sufficient notice of violation.

B. Notice of Violation. Notice shall indicate the nature of the violation; date of tagging; deadline for removal of news rack; notice of impoundment; location of impounded news rack; and deadline for recovery of impounded news rack(s).

C. Claim of Compliance Required. No affected party who is cited under this section may request a hearing unless said party claims full compliance with the procedures set forth in this chapter.

D. Request for Hearing. An affected party which makes a claim under subsection (C) of this section may file a written request with the Director for the purpose of demonstrating that a violation, as specified on the tag attached to a machine pursuant to subsection (A) of this section, has not in fact occurred. Said written request must be filed with the Director no later than eight (8) days after the date indicated by the tag and any failure to comply with this deadline shall terminate the affected party's right to request a hearing.

E. Hearing. Within five (5) working days after the date on which the request for hearing is received, the Director shall set a hearing date and shall notify the affected party by first-class mail of the date, time and place of said hearing. Unless agreed to otherwise, said hearing shall occur not less than five (5) and not more than ten (10) working days from the date of the mailing of the notice.

F. Appeal. The appeals process shall be governed by Section 12.28.430 of this chapter.

(Ord. 2538 § 2 (part), 2001)

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

A. Each machine shall have display case(s) with a plastic window;

B. Each machine shall be constructed of sturdy, corrosive-resistant metallic materials. The mount, cabinet, tray, body, and frame of a news rack, newsstand and/or similar devices shall not be constructed of any plastic materials unless otherwise authorized under subsection P of this section;

C. No news rack, newsstand and/or similar device, itself, shall exceed fifty-four (54) inches in height, thirty (30) inches in width and twenty (20) inches in thickness;

D. News racks, newsstands and/or similar devices shall be painted olive green unless otherwise authorized under subsection P of this section;

E. New racks, newsstands and/or similar devices shall be limited to the following models and makes unless otherwise authorized under subsection P of this section:

1. National Newsvend Models:

a. M-20, M-30, M-33, M-34 and M-84;

b. F-153, F-301, F-841, and F-901;

c. M-10 is permitted so long as the news rack is mounted and securely fastened to the ground or permanent structure in a manner as prescribed by the Permit Committee;

2. K-Jack Engineering Models:

a. KJ-50, KJ-100, and KJ-150 are permitted so long as these news rack are mounted and securely fastened to the ground or permanent structure in a manner as prescribed by the Permit Committee;

b. KJ-825, KJ-850, KJ-860, KJ-940, and KJ-2000;

F. News racks, newsstands and/or similar devices shall only be permitted on a sidewalk and shall be placed such that they are along the edge of the sidewalk which is furthest away from the curb and facing the street, parallel to the street or adjacent to the wall of a building, parallel to the wall, facing the street. News racks, newsstands and/or similar devices shall be placed no more than three (3) inches from the edge of the sidewalk or wall of a building;

G. All news racks, newsstands and/or similar devices must be mounted and/or securely fastened to the ground or permanent structure in a manner as prescribed by the Permit Committee;

H. Unless expressly authorized in writing by the Director, no news rack, newsstand and/or similar device shall be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the news rack, newsstand and/or similar device, including, but not limited to, other news racks, newsstands and/or similar devices owned by another, nor shall any news rack, newsstand and/or similar device be chained or attached to loose objects including, but not limited to, bricks, rocks, cinder blocks, pipes or other such objects;

I. Stacking of news racks, newsstands and/or similar devices shall be permitted to the extent allowed in accordance with the size and weight restrictions provided in this chapter, however, in no event shall the aggregate height of such stacked news racks, newsstands and/or similar devices exceed sixty-four (64) inches above the surface or platform upon which they rest;

J. No news rack, newsstand and/or similar device, or group of attached news racks, newsstands and/or similar devices allowed under subsections I of this section, shall weigh, in the aggregate, in excess of one hundred seventy-five (175) pounds when empty;

K. Notwithstanding the provisions of subsection C of this section, no news rack, newsstand and/or similar device shall be placed, installed, used or maintained:

1. Within five (5) feet of any marked crosswalk;

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

3. Within fifteen (15) feet of any fire hydrant, fire or police call box, or other emergency facility;

4. Within five (5) feet of any driveway;

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

6. Within six (6) feet of any bus bench or bus shelter;

7. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet;

8. Within three (3) feet of any area improved with lawn, flowers, shrubs or trees or three (3) feet of any display window of any building abutting the sidewalk or in such manner as to impede or interfere with the reasonable use of such window for display purposes;

9. At any location whereby the news rack, newsstand and/or similar device obstructs motorists' vision of regulatory or advisory traffic and parking signage or any other location whereby the news rack, newsstand and/or similar device obstructs motorists' vision of pedestrians;

10. Within fifty (50) feet of any other news rack, newsstand and/or similar device containing the same publication except where there are less than four (4) news racks, newsstands and/or similar devices in any location, in which case additional/duplicate news racks, newsstands and/or similar devices containing the same publication shall be permitted for each available space up to the maximum of four (4) at any one location. The Permit Committee in assigning such additional/duplicate news rack, newsstand and/or similar device at a location where there exists more than one news rack, newsstand and/or similar device containing the same publication, shall be guided solely by the criteria set forth under subsection N of this section;

11. Within five (5) feet of any underground or above ground utility structure;

12. Where placement unreasonably interferes with the use of poles, posts, traffic signs or signals, mailboxes or government use;

13. Within five hundred (500) feet of an elementary school, junior high or high school site;

14. With five (5) feet of a curb painted blue, pursuant to the provisions of California Vehicle Code Section 21458;

15. Where placement unreasonably obstructs, interferes with or impedes access to or the use of abutting property, including, but not limited to, residences, places of business or legally parked or stopped vehicles; and

16. No news rack, newsstand and/or similar device shall interfere with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

L. No news rack, newsstand and/or similar device shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper, publication or news periodical sold therein.

M. Each news rack, newsstand and/or similar device shall be maintained in a clean and neat condition and in good repair at all times.

N. No more than four (4) news racks, newsstands and/or similar devices shall be located on any street within a space of three hundred fifty (350) feet in any direction within the same block of the same street; provided. As used herein, "block" shall mean one side of a street between two (2) consecutive intersecting streets. In determining which news racks, newsstands and/or similar devices shall be authorized, the Permit Committee shall be guided solely by the following criteria:

1. First priority shall be given to applicants who are able to provide verification that they are publishers or owners of adjudicated publications or newspapers of general circulation in Los Angeles County, pursuant to the procedures set forth in the California Government Code;

2. Second priority shall be given to news racks, newsstands and/or similar devices used for the sale of daily publications (those published on five (5) or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation in Los Angeles County;

3. Third priority shall be given to news racks used for the sale of weekly publications (those published on at least one but less than five (5) days in a calendar week) which have not been adjudicated to be newspapers of general circulation in Los Angeles County; and

4. Fourth priority shall be all other publications. In the event there is a conflict between publications within the same priority seeking the same location, and there are insufficient news rack spaces remaining to accommodate the conflicting publications after first filling as many spaces as possible by utilizing the criteria set forth above, then the Permit Committee shall assign the remaining space or spaces at random by placing the names of all applicants for the remaining spaces at a location into a container from which the names shall be drawn, one at a time, until the particular location's remaining number of unfilled news rack, newsstand and/or similar device spaces have been filled. Such drawing shall be open to the public and conducted at a time and date designated by the Director.

O. Each machine shall conform to the Director's as well as the Permit Committee's rules and regulations, including, without limitation, reasonable design standards.

P. In the event that applicant does not comply with the standards set out in subsections B, D and E of this section, the Director may recommend issuance of a permit to the Permit Committee. The director shall base his or her decision on health, safety, public welfare, and aesthetic considerations.

(Ord. 2538 § 2 (part), 2001)

(Ord. No. 2896, §§ 4, 5, 10-4-2016)

A. Any news rack, newsstand and/or similar device which contains material harmful to minors shall have a blinder rack attached in such a manner as to shield from view the lower two-thirds of the material contained in the machine from viewing by the public in accordance with Penal Code Section 313.1(d).

B. Harmful matter shall not be exhibited, displayed, sold or offered for sale in any news rack, newsstand and/or similar device located in a public place without adult supervision, other than a public place from which minors are excluded. A news rack, newsstand and/or similar device shall be considered to be "supervised by an adult" if permittee has complied with the provisions of Penal Code Section 313.1(h).

(Ord. 2538 § 2 (part), 2001)

Any publication vending machine which rests in whole or in part upon, in or over any public sidewalk or parkway shall comply with the standards set forth in this chapter.

(Ord. 2538 § 2 (part), 2001)

No publication vending machine shall be bolted or otherwise attached to property not owned by the owner of such machine or to any permanently fixed object, unless the owner of such machine has first obtained the written permission of the owner of the object to which the machine is affixed in the public right-of-way during the term of the permit; provided, that the installation if made in conformance with the terms of the permit and of this chapter.

(Ord. 2538 § 2 (part), 2001)

News racks, newsstands and/or other similar device may not be bolted or welded to one another. Applicant may only join its news racks, newsstands and/or other similar devices through the use multiple place permanent mounts or similar mount designs.

(Ord. 2538 § 2 (part), 2001)

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

A. No machine shall be used for advertising signs or publicity purposes, except that each machine may have attached to it a single sign panel no wider than the machine and no more than twelve inches in height upon which advertising or other information may be displayed;

B. Each machine shall be maintained in a clean and neat condition and in good repair at all times;

C. No machine shall be abandoned. A machine shall be deemed to be abandoned when no new publication has been placed in such machine for a period of sixty (60) days; and

D. Any person removing or owner of vending machine causing the removal of a machine shall be responsible of any resulting condition, including the filling in of any holes left in the sidewalk or parkway, such work to be done to the satisfaction of the Director at no cost to the city.

(Ord. 2538 § 2 (part), 2001)

Every person or owner of vending machine who places or maintains a publication vending machine, which in whole or in part rests upon, in or over any public sidewalk or parkway within the city, shall have his/her or its name, address and telephone number affixed thereto in a place where such information may be easily seen by anyone using the machine, and shall comply fully with the provisions of Section 17570 of the Business and Professions Code of the state of California as it existed on the effective date of the ordinance codified in this section or as it may be hereafter amended. The permit shall not be effective unless permittee complies with this section.

(Ord. 2538 § 2 (part), 2001)

A. Except as provided in Section 12.28.300 of this chapter, any news rack, newsstand and/or similar device installed, used or maintained in violation of the provisions of this chapter shall be tagged with a notice of violation and a letter shall be sent to the last known address of the owner stating the violation, date of tagging, notice of intention to remove the news rack, newsstand and/or similar device if the violation is not corrected within thirty (30) calendar days, and procedure for obtaining a pre-removal hearing before the Director, if desired.

B. Notwithstanding subsection A of this section, in the case of violations of this chapter relative to restrictions upon attachments of news racks, newsstands and/or similar devices to property other than that owned by the owner, to fixed objects, to each other, or upon unauthorized locations, the Director may, at his or her discretion, and as an alternative to tagging, move, align or remove such attachment, or otherwise relocate such news rack, newsstand and/or similar device in order to restore it to a legal condition.

(Ord. 2538 § 2 (part), 2001)

The Director shall cause any news rack, newsstand and/or similar device to be impounded:

A. Where its installation, use or maintenance immediately endangers the safety of persons or property and it is impractical to move such machine to another legally permitted location; or

B. Where its installation, use or maintenance unreasonably interferes with or impedes the flow of vehicular or pedestrian traffic and it is impractical to move such machine to another legally permitted location; or

C. Where its installation, use or maintenance unreasonably interferes with the use of poles, posts, traffic signs or signals, hydrants, mail boxes or other objects legally permitted and it is impractical to move such machine to another legally permitted location; or

D. Where its installation, use or maintenance unreasonably obstructs, interferes with or impedes access to or the use of abutting property, including, but not limited to, residences, places of business or legally parked or stopped vehicles and it is impractical to move such machine to another legally permitted location; or

E. Where its installation, use or maintenance unreasonably interferes with the public's use and enjoyment of any publicly owned property or facility; or

F. When such machine has been abandoned; or

G. When such machine does not have a name, address and telephone number affixed in a place where such information may be easily seen and the owner of such publication vending machine cannot be otherwise identified; or

H. Where an owner of the vending machine has been noticed of the violation and the owner has neither caused the violation specified on said tag to be corrected nor requested a hearing within the time permitted; or

I. When a hearing and appeal, if filed, have resulted in a final determination that the violation(s) specified on the tag attached to such machine has in fact occurred and the custodian has failed to correct such violation(s) within ten (10) working days from the date of said determination; or

J. When a request for a hearing or appeal has been withdrawn. Such request shall be deemed withdrawn either by actual withdrawal or by failure of the owner to fully comply with this chapter.

(Ord. 2538 § 2 (part), 2001)

A. If any news rack, newsstand and/or similar device has been tagged and remains in violation of the provisions stated on the tag past the thirty (30) calendar day correction period, and no hearing has been requested, said news rack, newsstand and/or similar device shall be removed by the Director or his or her designate and stored in a place of the Director's choosing. The Director shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the news rack, newsstand and/or similar device was removed, the reasons therefor, the location and procedure for claiming the news rack, newsstand and/or similar device and the procedure for obtaining a post removal hearing before the Director, if desired. Any such news rack, newsstand and/or similar device removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within forty-five (45) calendar days after such removal and upon the payment of reasonable charges of removal and storage costs therefor. Upon failure of the owner to claim such news rack, newsstand and/or similar device and to pay the reasonable charges within forty-five (45) calendar days after the mailing of the written notice of removal, such news rack, newsstand and/or similar device shall be deemed to be unclaimed property in and the city shall have the right to dispose of the impounded machine and its contents at its discretion.

B. Any news rack, newsstand and/or similar device in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the news rack, newsstand and/or similar device, may be summarily removed and stored in a place of the Director's choosing so as to eliminate the danger to the health, safety and welfare of the public. The Director shall notify the owner thereof by mailing a "notice of removal" to the last known address of the owner. Such notice shall state the date the news rack, newsstand and/or similar device was removed, the reasons therefor, the location and procedure for claiming the news rack, newsstand and/or similar device, and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such news rack, newsstand and/or similar device removed and stored pursuant to this section shall be released to the owner thereof if claimed within forty-five (45) calendar days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage.

C. The Director may allow replacement of a news rack, newsstand and/or similar device removed pursuant to this section but only upon demonstration by the owner, and to the satisfaction of the Director, that the replacement will no longer cause, create or otherwise promote the reoccurrence of the danger for which the news rack, newsstand and/or similar device was removed and that the owner has complied with all requirements of this chapter. This authority shall be exercised within the discretion of the Director and shall not be construed to be mandatory.

(Ord. 2538 § 2 (part), 2001)

A. Any news racks, newsstands and/or other similar device, together with its contents, which has been impounded, shall be returned to the custodian:

1. Upon receipt of an impound fee of three hundred dollars ($300.00); or

2. Upon a determination, after a hearing by the Director, that the publication vending machine should not have been impounded and should be returned to the owner; or

3. Upon a decision by the Hearing Officer, on appeal pursuant to Section 12.28.430 of this chapter, that the publication vending machine should not have been impounded.

B. In the event a hearing has not been requested pursuant to Section 12.28.420 of this chapter within the time permitted following impoundment of any machine, an impound fee of three hundred dollars ($300.00) shall be imposed upon the owner of the vending machine.

C. In the event a hearing has not been requested pursuant to Section 12.28.420 of this chapter within the time permitted following impoundment of any machine and/or the appropriate impound fee has not been paid within forty-five (45) calendar days of impound or the hearing, as applicable, the impounded machine shall be considered abandoned and the city shall have the right to dispose of the impounded machine and its contents at its discretion.

D. Any permits issued to the owner shall be revoked upon impoundment of any news rack, newsstand and/or similar device pursuant to the provisions of this chapter.

(Ord. 2538 § 2 (part), 2001)

A. Request for Hearing. Except as provided in Section 12.28.300 of this chapter, any owner of a vending machine may file a written request with the Director for the purpose of demonstrating that a violation, as specified on the tag attached to a machine pursuant to Section 12.28.380 in this chapter, has not in fact occurred.

B. Notice of Hearing. Within five (5) working days after the date on which the request for hearing is received, the Director shall set a hearing date and shall notify the affected party by first-class mail of the date, time and place of said hearing. Unless agreed to otherwise, said hearing shall occur not less than five (5) and not more than ten (10) working days from the date of the mailing of the notice.

(Ord. 2538 § 2 (part), 2001)

A. Any affected party aggrieved by a decision made by the Director under Sections 12.28.300 and 12.28.420 shall be appraised of their right to appeal to a Hearing Officer.

B. A letter of appeal that briefly states therein the basis for an appeal shall be filed with the office of the City Clerk within ten (10) calendar days after receipt of notice of an adverse decision.

C. An appellant shall be given at least ten (10) calendar days notice of the time and place of the hearing.

D. The Hearing Officer shall give the appellant, and any other interested party, reasonable opportunity to be heard in order to show cause why the determination should not be upheld. In such case, the burden of proof shall rest upon the appellant to show that there was no substantial evidence to support the action taken. At the conclusion of the hearing, the Hearing Officer shall make a final and conclusive determination.

(Ord. 2538 § 2 (part), 2001)

Any person who knowingly, willingly or otherwise fails to comply with any provision of this chapter, or who fails to bring any news rack, newsstand and/or similar device into compliance with any provision of this chapter, shall be in violation of this chapter and shall be guilty of a misdemeanor and any person convicted of such misdemeanor shall be punished by a fine not exceeding one thousand dollars ($1,000.00) and/or six months' imprisonment.

(Ord. 2538 § 2 (part), 2001)

Every person who places or maintains a news rack, newsstand and/or similar device on a sidewalk in the city shall file a written statement with the Director whereby he or she agrees to indemnify and hold harmless the city, its officers, agents and employees from any loss, liability or damage, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of such news rack, newsstand and/or similar device.

(Ord. 2538 § 2 (part), 2001)

The Director may promulgate rules and regulations, not inconsistent with the provisions of this chapter, which he/she deems necessary to properly exercise his/her jurisdiction. All such rules and regulations shall be kept in the office of said Director and a copy thereof shall be furnished to any applicant upon request.

(Ord. 2538 § 2 (part), 2001)

The Director may authorize any person or department in the employ of the city to assist or take over any of the duties or responsibilities assigned to the Director by this chapter.

(Ord. 2538 § 2 (part), 2001)

A. News racks, newsstands and/or similar devices lawfully permitted and placed as of the date of approval/second reading of Ordinance No. 2896 shall be made to conform with the street and zoning location restrictions set forth in Section 12.28.260 within eighteen (18) months after such date.

B. News racks, newsstands and/or similar devices lawfully permitted and placed as of the date of approval/second reading of this Ordinance No. 2896 shall be made to conform with the density restrictions set forth in Subsection N of Section 12.28.310 within twelve (12) months after such date.

(Ord. No. 2896, § 6, 10-4-2016)

A. Effective immediately, the city may cause any news racks, newsstands and/or other similar devices to be impounded when such news racks, newsstands and/or other similar devices are installed and/or placed without a valid business permit and business license.

B. Effective February 1, 2002, no business permit and business license shall be reissued to any applicant for any news racks, newsstands and/or other similar device in the event that such news racks, newsstands and/or other similar device fails to comply with any and all provisions of this chapter.

(Ord. 2538 § 2 (part), 2001)