La Mirada Municipal Code Ch. 9.85 Use of Newsracks

No person, whether as a principal or agent, clerk or employee, either for himself or any other person, or as an officer of any corporation, or otherwise shall place or maintain a newsrack on or projecting onto a street right-of-way in the city unless and until a newsrack permit has been obtained from the planning director.

(Ord. 324 § 2 (part), 1982).

No fee shall be required for the issuance of a newsrack permit.

(Ord. 324 § 2 (part), 1982).

Upon proper application on forms provided by the planning director, providing the information necessary to implement the provisions of Sections 9.85.050 and 9.85.070 and other information relevant to the implementation of this chapter required by the planning director, the planning director shall issue the applicant a newsrack permit. Notwithstanding any other provision of this chapter, the planning director 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 street right-of-way in accordance with the provisions of this chapter.

(Ord. 324 § 2 (part), 1982).

A newsrack permit shall be renewable annually.

(Ord. 324 § 2 (part), 1982).

Every newsrack permittee shall permanently affix to each newsrack placed or maintained on or projecting over any portion of the street right-of-way: (1) the permittee's name, address, and phone number as required by Business and Professions Code Section 1757; and (2) the permittee's permit number.

(Ord. 324 § 2 (part), 1982).

No person shall place or maintain any newsracks on any portion of or projecting onto, into or over any portion of the street right-of-way on which vehicles are lawfully permitted.

(Ord. 324 § 2 (part), 1982).

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

(a) Within three feet of any marked crosswalk;

(b) Within fifteen 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 three feet ahead of, and fifteen feet to the rear of any sign or pavement markings marking a designated bus stop measured parallel to the flow of traffic;

(f) Within three feet of any bus bench;

(g) At any location where the newsrack causes, creates, or constitutes a traffic hazard;

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

(i) Where the newsrack will endanger persons or property;

(j) Where the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic on the street;

(k) At any location whereby the clear space for the passage of pedestrians is reduced to less than three feet.

(Ord. 324 § 2 (part), 1982).

Publications offered for sale from newsracks placed or maintained on or projecting over the street right-of-way shall not be displayed or exhibited in a manner which exposes to public view from the street right-of-way any of the following:

(a) Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront;

(b) Any picture or illustration of genitals, pubic hair, perineums, anuses or anal regions of any person or the breasts below a point immediately above the top of the areolae of any female person beyond the age of puberty where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront;

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

(Ord. 474 § 1, 1993; Ord. 324 § 2 (part), 1982).

"Explicit sexual acts," as used in this chapter, means depictions of sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sadism, masochism, or excretory functions in conjunction with sexual activity, masturbation, or lewd exhibition of genitals, whether any of the above conduct 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 genital, pubic region, pubic hair, perineum, anus or anal region.

(Ord. 324 § 2 (part), 1982).

The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 324 § 2 (part), 1982).

If any section, subsection, subpart, or provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such to other persons or circumstances shall not be affected thereby.

(Ord. 324 § 2 (part), 1982).