Laguna Niguel Municipal Code Art. 4 Newsrack Regulations Generally

Footnotes:

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Cross reference— Business regulations, tit. 5; contents of newsracks, § 7-1-110 et seq.

The following words, terms and phrases, when used in this article, 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. The term "parkway" also includes any area within a roadway which is not open to vehicular travel.

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.

(Ord. No. 90-11, § 6, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

(a) No person shall install, use or maintain any newsrack or other structure 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 the roadway of any public street.

(b) No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public 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 use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location, or when such newsrack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

(Ord. No. 90-11, § 6, 3-6-90)

Any newsrack which in whole or in part rests upon, in or over any public 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 thickness.

(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 and no 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 the sidewalk or parkway opposite a newsstand or another newsrack.

(3) No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack, or to any permanently fixed object.

(4) Newsracks may be chained or otherwise attached to one another; however, no more than three newsracks may be joined 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 subsection (4) of this section shall weigh, in aggregate, in excess of 125 pounds when empty.

(6) Notwithstanding the provisions of section 7-1-91(b), 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 three feet ahead of and 15 feet to the rear of any sign marking a designated bus stop.

f. Within three feet of any bus bench.

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

h. Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(7) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

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

(Ord. No. 90-11, § 6, 3-6-90)

Within 30 days after this article becomes effective, every person who places or maintains a newsrack on the streets of the city shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.

(Ord. No. 90-11, § 6, 3-6-90)

(a) Any newsrack installed, used or maintained in violation of the provisions of this article may be summarily removed and stored in any convenient place by the chief of police. The chief of police shall, prior to removal, take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage within 30 days after such removal, such newsrack shall be deemed to be unclaimed property in possession of the police department and may be disposed of pursuant to law.

(b) In the case of violations of this article relative to restrictions upon attachment of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or to each other, and upon location of newsracks, the chief of police may, as an alternative to removal under subsection (a) of this section, remove such attachment or move such racks in order to restore them to a legal condition.

(Ord. No. 90-11, § 6, 3-6-90)

If any newsrack installed pursuant to this article is not serviced with the publication it is designed to disseminate for a period of over seven days, the city reserves the right to remove the newsrack pursuant to the procedure set out in section 7-1-94. For purposes of this section, abandonment shall include but is not limited to circumstances where no publication is in the rack for a period of over seven days.

(Ord. No. 90-11, § 6, 3-6-90)