Irvine Municipal Code Ch. 12 Newsracks in the Public Right-of-Way

The purpose of this chapter is to establish a comprehensive set of regulations applicable to newsracks in the public right-of-way. These regulations do not restrict the rights of freedom of the press or distribution of information but do ensure the protection of the public health, safety and welfare.

(Code 1976, § II.M-2201; Ord. No. 83-3, § 1, 3-8-83)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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.

Parkway means that area between the sidewalks and the curb of any street, and where there is no sidewalk 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 open to vehicular travel.

Right-of-way means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, pedestrian walkway, storm drainage, bicycle path or other purposes.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular travel.

Sidewalk means any surface provided for the exclusive use of pedestrians.

Street means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

(Code 1976, § II.M-2202; Ord. No. 83-3, § 1, 3-8-83)

A. No person shall install or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway without first obtaining a permit therefor from the Director of Community Development. An amended application for said permit shall be filed with the Director of Community Development in the event that additional newsracks are installed in the City or removed from the City by the applicant subsequent to the issuing of the original permit by the City.

B. The permit application shall follow the same procedures as established for encroachment permits pursuant to the Zoning Code of the City. Permit fees shall be as established by resolution of the City Council, which may be amended from time-to-time.

C. No more than one permit shall be required per applicant regardless of the number of newsracks the applicant maintains in the City. Notwithstanding the provisions of the Zoning Code, said permit shall be valid for one year and shall be renewed pursuant to the procedures set forth above for original applications.

D. In addition to the permit application, the owner of the newsrack or his or her agent shall also execute a document, approved as to form by the City Attorney, agreeing to hold the City, its officers, employees and agents, free and harmless from any claim, demand or judgment in favor of any person, arising out of the location of any newsrack located in a public parkway, and deposit with the City Clerk a certificate of insurance evidencing that a liability insurance policy in minimum amounts set by the City Council has been issued, naming the City as an additional insured, and containing a provision that the policy cannot be canceled except upon 20 days' written notice to the City of the fact of such cancellation. If such insurance is canceled at any time during the time the newsrack is installed on public property, said newsrack shall be removed in accordance with the provisions of Section 2-10-1205.

(Code 1976, § II.M-2203; Ord. No. 83-3, § 1, 3-8-83)

A. No person shall install, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part, upon, along or over any portion of a roadway.

B. No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other government use, or when such newsrack interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

C. Any newsrack which in whole or in part rests upon, in or over any sidewalk or parkway shall comply with the following standards:

1. No newsrack shall exceed five feet in height, 30 inches in width, or two feet in depth.

2. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six inches from the wall. No newsrack shall be placed or maintained on a sidewalk or parkway adjacent to a newsstand. The provisions of Section 2-10-1204C.7.h shall prevail over the foregoing.

3. No newsrack shall be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack unless the consent of the owner of such property or object is obtained in writing and presented with the permit application.

4. Newsracks may be placed, chained or otherwise attached to one another; however, no more than three newsracks may be joined or placed together in this manner, and a space of no less than 18 inches shall separate each group of three newsracks so attached.

5. No newsrack, or group of attached newsracks allowed under Paragraph 4 hereof, shall weigh, in the aggregate, in excess of 125 pounds when empty.

6. Every newsrack shall be installed on a single pedestal or a multiple post which shall be securely anchored to the ground and shall be constructed, installed and maintained in a safe and secure condition, approved by the Chief Building Official.

7. No newsrack shall be placed, installed, used or maintained:

a. Within three feet of any marked crosswalk.

b. Within 15 feet of the curb return of any unmarked crosswalk.

c. Within three feet of any fire hydrant, fire call box, police call box or other emergency facility.

d. Within three feet of any driveway.

e. Within 15 feet of any sign marking a designated bus stop.

f. Within three feet of any bus bench or bus shelter.

g. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.

h. Within three feet of any display window of any building abutting the sidewalk or parkway or in such manners as to impede or interfere with the reasonable use of such window for display purposes.

i. So that the front face of the newsrack is within three feet of any lawn, flowers, shrubs or trees.

j. Within five feet of any bicycle rack.

8. The placement of all newsracks in the City shall comply with all local and State handicapped accessibility regulations.

9. No newsrack shall be used for advertising signs or publicity purposes other than reference to the name of the newspaper or periodical being dispensed.

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

D. Every person who places or maintains a newsrack in the public right-of-way shall permanently affix to each newsrack the permittee's name, address, telephone number and permit number in a place where such information may be easily seen.

E. No person shall sell, offer for sale, or keep or maintain any newspaper or news periodical in any newsrack on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing, contained within such publication, displaying any of the following:

1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;

2. Any portion of the breast, at or below the areola thereof, of any female person, other than a child under the age of puberty.

(Code 1976, § II.M-2204; Ord. No. 83-3, § 1, 3-8-83)

A. Notwithstanding the provisions of the Zoning Code, any newsrack installed, used or maintained in violation of the provisions of this chapter may be, after 10 working days' notice to the person designated pursuant to Section 2-10-1204D, removed and stored in any convenient place by the Director of Community Development or any person designated by same. Said notice shall give the permittee the opportunity to cure the violation or to be heard at an informal hearing in reference to such violation. After removal of the newsrack, the permittee shall be notified thereof. Upon failure of the permittee, following such notice, to claim the newsrack and pay the expenses of removal and storage within 30 days after notice, the newsrack shall be deemed unclaimed property in possession of the City and may be disposed of pursuant to law.

B. In the case of violation of this chapter relative to restrictions upon attachment of newsracks to property or fixed objects other than that owned by the owner of the newsracks and restrictions upon location of newsracks, the Director of Community Development, or any person designated by same, may, as an alternative to removal, remove such attachment and/or move such newsrack in order to restore it to a legal condition; and thereafter the permittee shall be notified of such corrective action and shall pay the cost thereof.

C. Further provided, however, that the Director of Community Development, or any person designated by same, may summarily remove any newsrack where its installation, use or maintenance poses a danger to pedestrians or vehicles, creates a health or safety hazard for pedestrians or vehicles, or otherwise unreasonably interferes with the safe use of public streets or sidewalks. After the removal of the newsrack, the permittee shall be notified thereof. Upon failure of the permittee, following such notice, to claim the newsrack and pay the expenses of removal and storage within 30 days after notice, the newsrack shall be deemed unclaimed property in possession of the City and may be disposed of pursuant to law.

(Code 1976, § II.M-2205; Ord. No. 83-3, § 1, 3-8-83)