Lafayette Municipal Code Art. 4 Prohibitions and Enforcement

No person may display or exhibit in a public newsrack or other display device any material which is defined by Penal Code Section 313(a) as harmful to minors unless the material is displayed in an area from which minors are excluded or is covered by a device commonly known as a "blinder rack," so that the lower two-thirds of the material is not exposed to view.

(Ord. 481 § 1 (part), 1997)

Placement standards for all newsracks are governed by Section 4.1 of the newsrack specifications. A newsrack placed in violation of the specifications is an unlawful obstruction and is subject to removal as provided in Sections 8-1934 through 8-1939.

(Ord. 481 § 1 (part), 1998)

(a) The owner of a newsrack which does not conform to this chapter but which lawfully existed and was maintained before December 24, 1997, shall remove it or conform to this chapter within 180 days of December 24, 1997.

(b) A newsrack not brought into compliance as provided in subsection (a) of this section is in violation of this chapter.

(Ord. 481 § 1 (part), 1997)

The city may remove, retain and dispose of a newsrack installed, maintained or abandoned in violation of this chapter or in violation of the newsrack specifications, in accordance with Sections 8-1935 through 8-1939.

(Ord. 481 § 1 (part), 1997)

(a) Before the city may remove a newsrack, it shall give the permittee notice to either remedy the violation or request a hearing before the director. Written notice shall be sent to the address stated on the newsrack permit or on the newsrack. The city may attach an additional copy of the notice to the newsrack. Notice attached to the newsrack is sufficient when no identification is shown on the newsrack and no permit for the newsrack exists.

(b) The notice shall give the permittee ten days from the date of mailing or the date of attachment to remedy the violation or request a hearing before the director.

(c) Notwithstanding subsection (a) of this section, a notice before removal is not required where the newsrack poses an immediate danger to pedestrians or vehicles. However, the city shall mail notice to the permittee within five days after removal that the newsrack has been removed and stating that the permittee may contest the removal.

(Ord. 481 § 1 (part), 1997)

A person notified under Section 8-1935 may request a hearing before the director by making a written request within ten days after notice of removal is mailed. The hearing shall be informal, but oral and written evidence may be given by both sides. Action by the city with respect to the alleged violation shall be stayed pending the director's decision following the hearing. The director shall give written notice of the decision within ten days of the conclusion of the hearing.

(Ord. 481 § 1 (part), 1997)

A permittee or applicant for a permit aggrieved by a decision of the director may appeal that decision to the city council by filing a written notice within ten days of the decision. On appeal, the city council may reverse, affirm or modify the director's decision. The city council shall make its decision in writing within ten days of the conclusion of the appeal hearing. The decision of the city council is final.

(Ord. 481 § 1 (part), 1997)

(a) A newsrack that is removed pursuant to this chapter may be disposed of after removal if the responsible party does not, within 30 days, claim the newsrack and pay the fee established for the cost of removal.

(b) The city shall hold money it finds in a newsrack which is destroyed or otherwise disposed of under this section for a period of one year and then dispose of it under the law governing abandoned property.

(Ord. 481 § 1 (part), 1997)

The cost to the city for removal of a newsrack is a debt to the city and is the obligation of the permittee and the owner of the newsrack. The amount due accrues interest at the rate of ten percent annually from the date the city incurs the cost.

(Ord. 481 § 1 (part), 1997)