Hawaiian Gardens Municipal Code Ch. 5.26 Newsracks

No person, whether as a principal or agent, clerk or employee, either for himself/herself or any other person or as an officer of any corporation, or otherwise, shall place or maintain a newsrack on or projecting onto a highway unless and until a newsrack permit has been obtained from the City Administrator.

(Ord. 412 § 3, 1993)

As used in this section:

Driveway means that portion of the road right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

Encroachment means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this Code which is placed in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for telephone or electric power purposes.

Height means that dimension measured from the level surface upon which the vehicle stands to the highest protrusion in a vertical line.

Highway means any public highway, public street, public way or public place in the incorporated territory of the City, either owned by the City or dedicated to the public for the purpose of travel. The term includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for highway purposes.

Identification means every person or other entity which places or maintains a newsrack on the streets of Hawaiian Gardens shall have his/her or its name, address and telephone number affixed thereto in a place where such information may be easily seen.

Newsrack means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or news periodicals.

Street means all the area dedicated to public use for public street purposes and shall include but not be limited to roadways, parkways and alleys.

(Ord. 412 § 3, 1993)

Only one permit required. Upon application on forms provided by the City Administrator, the City Administrator or his/her designate shall issue the applicant a newsrack permit. Notwithstanding any other provision of this Code, the City Administrator may not refuse to issue a newsrack permit properly applied for. One permit shall permit the placement and maintenance of any number of newsracks on the highway in accordance with the provisions of this Code.

(Ord. 412 § 3, 1993)

Each application for a newsrack permit shall be accompanied by a fee as established by resolution of the City Council. A newsrack permit fee shall be renewable annually.

(Ord. 412 § 3, 1993)

Every newsrack permittee shall permanently affix to each newsrack placed or maintained on or projecting over any portion of the highway:

A. The permittee's name, address and telephone number as required by Business and Professions Code Section 17570; and

B. The permittee's permit number.

(Ord. 412 § 3, 1993)

Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.

(Ord. 412 § 3, 1993)

Every owner of a newsrack who places or maintains a newsrack on a public sidewalk or parkway in the City shall file a written statement with the City Administrator in a form satisfactory to the City Attorney, whereby such owner agrees to indemnify and hold harmless the City, its officers and employees.

(Ord. 412 § 3, 1993)

A. No person shall place or maintain new newsracks on any portion of, or projecting onto, into or over any portion of the highway on which vehicles are lawfully permitted.

B. No newsrack shall be placed, installed, used or maintained in the following locations:

1. Within three feet of any marked crosswalk;

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

3. Within three feet of any fire hydrant, fire call box or other emergency facility;

4. Within three feet of any driveway;

5. Within three feet ahead of, and 15 feet to the rear of, any sign or pavement markings marking a designated bus stop, measured parallel to the flow of traffic;

6. Within three feet of any bus bench;

7. At any location where the newsrack causes, creates or constitutes a traffic hazard;

8. At any location where the newsrack unreasonably obstructs or interferes with access to, or the use and enjoyment of, abutting property;

9. Where the newsrack will endanger persons or property;

10. Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the highway;

11. At any location whereby the clear space for the passage of pedestrians is reduced to less than three feet;

12. In any manner so as to obstruct or impede access to sidewalk of a person going to or from an automobile;

13. No newsrack shall exceed four feet in height, 30 inches in width or two feet in thickness.

C. The City Administrator or his/her designate may make such changes or additions in any application for a newsrack permit as in his/her opinion are necessary for the protection of the highway, for the prevention of undue interference with vehicular or pedestrian traffic, and for the safety of persons using such highways as these conditions specifically relate to subsection B.7. through all of this section. Hearing and appeals procedures provided in Sections 5.26.130 and 5.26.140 apply to all such application changes or additions.

(Ord. 412 § 3, 1993)

A. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter as such term is defined in Section 313, Chapter 7.6, Title 9, Part 1, of the Penal Code of California, in any newsrack located on a public sidewalk or public place from which minors are not excluded, unless blinder racks have been installed so that the lower two-thirds of the matter is not exposed to public view. For the purposes of this section, the term "blinder rack" means opaque material placed in front of, or inside, the newsrack and which prevents exposure to public view.

B. Any publication offered for sale in a newsrack placed or maintained on a public sidewalk or public right-of-way shall not be displayed or exhibited in a manner which exposes to public view, from any public place, any of the following:

1. Any statement or word describing explicit sexual acts, sexual organs or excrement where such statements or words have as their purpose or effect sexual arousal, gratification or affront; or

2. 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; or

3. Any picture or illustration depicting explicit sexual acts where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront.

For the purpose of this subsection the term "explicit sexual acts" means the depiction of sexual intercourse, oral copulation, anal intercourse, oral-anal copulations, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above is depicted or described as being performed alone or between members of the same or opposite sex, or between humans and animals, or other act of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.

(Ord. 412 § 3, 1993)

A. The Sheriff or the City Administrator or their designates:

1. May immediately correct any violation of Sections 5.26.080 through 5.26.090 and shall do so without impounding if such correction can be accomplished simply, easily, quickly and without expense;

2. May, notwithstanding any other provisions of the Code, immediately remove and impound any newsrack located or placed in violation 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 Section 5.26.130 shall be mailed to the permittee, or person, if known, maintaining such newsrack, within five working days after such action;

3. May notify the permittee, or person, if known, maintaining a newsrack found in violation of the Code either in person, by telephone or by mail, in their discretion, and/or by affixing a notice to the newsrack, that unless the violation is corrected or a hearing requested, within two working days if the notice is in person or by telephone, within five working days if the notice is by mail, or within seven working days if the notice is by affixing a notice to the newsrack, of the date of the notice, the newsrack will be impounded;

4. May impound any newsrack in accordance with decision of any hearing requested pursuant to the applicable sections of this Code.

B. If a hearing on the impounding of the newsrack is not timely requested or if the newsrack is not returned in accordance with the provisions of the Code, the Sheriff or the City Administrator or their designates may sell or otherwise dispose of the newsracks and its contents, and deposit the proceeds, if any, from any such sale or other disposition, and any moneys contained in said newsrack, in the City Treasury.

(Ord. 412 § 3, 1993)

In the event that any newsrack is abandoned, the City Administrator may remove it pursuant to the procedures set out in this section. For the purposes of this section, the term "abandonment" means no publication has been displayed in the newsrack for a period of 15 consecutive days, no prior written notice has been given by the permittee to the Director of Public Works specifying the reason(s) for nonuse, and the condition of the rack and related circumstances indicate it will not be actively used within a reasonable period of time.

(Ord. 412 § 3, 1993)

A. Unless the newsrack 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 newsrack, may at any time up to and including the 30th day after the impounding, and if a hearing pursuant to Section 5.26.130 is held concerning the newsrack, may at any time up to and including the 30th day after the decision of such hearing becomes final, obtain a return of the newsrack and its contents, upon paying an impound fee of $25.00 plus the reasonable additional cost, if any, of impounding the newsrack in excess of $25.00.

B. The City Administrator or his/her designate may, after a hearing pursuant to Section 5.26.130, order the newsrack returned without payment of any impound fee; or, if any impound fee has previously been paid, may order return of any such impound fee.

(Ord. 412 § 3, 1993)

A. Request for hearing. Any permittee or person maintaining a newsrack found in violation of this Code may, at any time within 30 days of notice of the alleged violation, request in writing a hearing before the City Administrator or his/her designate.

B. Stay pending decision. A timely request for a hearing made prior to any impoundings 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 newsrack was in violation of Code and whether the newsrack should be returned without payment of impound fee.

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

E. Notice of decision. The City Administrator or his/her designate may give oral notice of the decision at the close of the hearing or may send notice of the decision by mail.

(Ord. 412 § 3, 1993)

Any person aggrieved by a decision of the License Collector with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal pursuant to Chapter 1.14.

(Ord. 412 § 3, 1993)

Ninety days from the effective date of the ordinance codified in this chapter, all existing newsracks shall be deemed nonconforming newsracks subject to the impoundment procedures set forth in this chapter unless a permit is obtained.

(Ord. 412 § 3, 1993)

Notwithstanding any other provision of this Code, any person who violates this chapter of the Code shall be guilty of a misdemeanor pursuant to Chapter 1.12.

(Ord. 412 § 3, 1993)