Hawthorne Municipal Code Art. I General Provisions

The ordinance codified in this chapter is adopted in accordance with California Constitution Article XI, Section 7, for the purpose of establishing uniform regulations for allowing news racks to be placed within the public right-of-way. The city's intent in adopting said ordinance is to establish reasonable time, place, and manner restrictions on the commercial use of public right-of-ways in order to preserve public health, safety, and welfare.

(Ord. 1797 § 2, 2004)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.

"Administrator"

means the public works director or the chief of general services or their designee.

"Blinder rack"

means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view.

"Driveway"

means a surfaced area which crosses a sidewalk designed or used for vehicular access between a lot and a public street.

"Harmful matter"

means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter must be judged with reference to its intended recipient group.

"Lot"

has the same meaning as set forth in the zoning regulations of this code.

"News rack"

means any self-service coin-operated box, container, storage unit or other dispenser designed, used or maintained for the display or sale of any written or printed material, including, without limitation, newspapers, news periodicals, magazines, books, pictures, photographs and records.

"Permit"

means a permit issued to a person pursuant to this chapter allowing a news rack to be installed within a specifically designated portion of a public right-of-way. Permit may also include a uniform news rack permit issued in accordance with this chapter.

"Permittee"

means a person or entity to whom a permit was issued pursuant to this chapter.

"Public right-of-way"

means any city street, sidewalk, pedestrian path bike path or any other "public way," as defined by California Streets and Highways Code Section 18609, and any successor statute.

"Public street"

means any city street or public right-of-way including without limitation, the curb and gutter.

"Uniform news rack"

means a news rack of a style, size and color designated by council by resolution for permanent installation.

(Ord. 1797 § 2, 2004)

The administrator is authorized to receive applications, issue and revoke permits, and otherwise administer and implement this chapter.

(Ord. 1797 § 2, 2004)

It is unlawful for any person to install, place or maintain a news rack or uniform news rack in any public right-of-way that violates any provision of this chapter including, without limitation, failing to obtain a permit issued pursuant to this chapter.

(Ord. 1797 § 2, 2004)

Persons who obtain a permit pursuant to this chapter are not required to also obtain an encroachment permit under this code to install news racks.

(Ord. 1797 § 2, 2004)

A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class United States Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number or when sent via email at the applicant/permittee's last known email address.

B. Unless otherwise provided, written notification to a permittee/applicant of a permit decision will state with particularity the basis for such decision.

(Ord. 1797 § 2, 2004)

All fees including but not limited to application processing fees, renewal fees, news rack removal fees and/or late payment penalties applicable to this chapter are established by city council resolution.

(Ord. 1797 § 2, 2004)