Los Altos Municipal Code Ch. 9.16 Newsracks

"Abandoned newsrack" is any newsrack which contains garbage or trash, no current publications or remains empty for ten (10) business days, except that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper and other publication sold or distributed from that newsrack shall not be deemed abandoned.

"Modular newsracks" are single newsracks containing separate provisions for two or more different publications, where each kind has separate coin slots or merchandise receptacles or places where the publication is dispensed.

"Newsrack" is any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution without charge of newspapers, periodicals or other publications.

"Public right-of-way" includes the area and those areas dedicated to public use for public street purposes including but not limited to roadways, parkways, alleys and sidewalks.

"Roadway" is that portion of the public right-of-way improved, designed and ordinarily used for vehicular traffic including, drainage, gutters and curbs a minimum of five inches in horizontal width.

"Sidewalk" is that portion of the public right-of-way provided for the exclusive use of pedestrians, including planting areas or park strips, between the public roadway and adjacent property lines.

"Temporary newsracks" include any newsracks maintained in the public right-of-way for a trial period of up to forty-five (45) days.

(Prior code § 4-14.01)

A.

It is unlawful for any person to place, install, maintain or place newspapers into, any newsrack unless a permit has been first obtained pursuant to this chapter. No other permit shall be required.

B.

Any person desiring to place, install or service a newsrack in the city shall obtain a newsrack permit for all newsracks located on or projecting into any public right-of-way or public property from the director of public works or his or her designee on the forms provided by the director at least forty-eight (48) hours prior to the placement on public right-of-way or public property.

C.

There shall be no fee, bond or other charges for a newsrack permit or application.

D.

Every newsrack permit application shall contain the name, address, and telephone number of those responsible for installation, use, and maintenance of the newsracks, and shall describe, in detail, and provide a drawing showing the location(s) proposed for installation. Any newsrack permit shall be issued within ten (10) working days if the type of newsrack and location(s) proposed meet the standards set forth in this chapter.

E.

If a newsrack permit is disapproved, in whole or in part, the director of public works shall notify the applicant promptly, explaining the reasons for denial of a newsrack permit. The applicant may appeal the decision to the city manager, in writing, stating the grounds with particularity, within ten (10) calendar days. The decision of the city manager shall be made, with or without a hearing, within ten (10) calendar days of receipt.

F.

A person or agency obtaining a newsrack permit may install and maintain additional newsracks by an amendment to the permit originally granted to said person or agency. The rules and procedures of this chapter shall also apply to the review and approval of any such amendment.

G.

All persons who obtain a newsrack permit shall also obtain and display, within plain view, an identification/permit marker provided by the city.

(Ord. 04-266 § 1 (part); prior code § 4-14.02)

A.

Each newsrack shall be the city standard as established by the director of public works. Where there are three or more single newsracks in any one location, modular style newsracks shall be required. Each compartment in a modular newsrack shall be filled before any additional newsracks can be added to a location. The city requires powder-coated black polyurethane paint for the newsracks and the pedestals of all newsracks.

B.

Unless otherwise approved by the director of public works, the compartments of modular newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of six compartments per row, including double compartments, at each location.

C.

Unless otherwise approved by the director of public works, no newsrack shall be installed in the public right-of-way that exceeds the following dimensions: four feet high, including pedestal measured from the ground to the top surface of the newsrack, two feet deep, and thirty (30) inches wide.

D.

The design of a newsrack shall not create a hazard to the persons using the newsrack.

E.

Up to two newsracks may be placed next to each other. However, no group of newsracks placed along a curb shall extend for a distance of more than eight feet, and shall be no closer than four feet to another group of newsracks along a curb. If sufficient space does not exist to accommodate all newsracks sought to be placed at one location without violating the standards set forth in this chapter, the public works director shall give priority, on a historical first come, first served basis, to permit applicants as follows:

First priority, on a first come, first served basis, shall be given to daily publications (inclusive of their Saturday, Sunday or weekend editions whether or not published jointly with another newspaper), published at least five times per week;

Second priority, on a first come, first served basis, shall be given to publications published more than once but less than five days per week;

Third priority, on a first come, first served basis, shall be given to weekly publications;

Fourth priority, on a first come, first served basis, shall be given to bi-weekly publications (published less than once per week but more than once per month); and

Fifth priority, on a first come, first served basis, shall be given to monthly or less frequent publications.

F.

All newsracks shall be pedestal mounted, and shall be permanently affixed to the ground, except as permitted under this chapter.

G.

The highest operable part of the coin slot, if provided for the newsrack, all controls, dispensers and other operable components of newsracks shall not be greater than forty-eight (48) inches above the level of the adjacent pavement or sidewalk, nor lower than fifteen (15) inches above the level of the adjacent pavement or sidewalk.

H.

The accessibility standards of the Americans with Disabilities Act of 1990, Public Law, 101-336 and later amendments, affecting the general safety and welfare of all citizens of Los Altos and visitors in the city apply, and it is the responsibility of the owner of each newsrack to comply with all such standards.

(Ord. 04-266 § 1 (part); prior code § 4-14.03)

A.

No person shall install, stock, service, use or maintain any newsrack which projects onto, into or over any part of the roadway of any public right-of-way, 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, including handicapped access, the ingress into or egress from any residence, place of business, or the use of poles, posts, traffic signs or signals, hydrants, postal service collection boxes or other objects permitted at or near said location.

(Prior code § 4-14.04)

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

A.

Newsracks shall only be placed near a curb or adjacent to the wall of a building. The back of newsracks placed near the curb shall be placed no less than eighteen (18) inches nor more than twenty-four (24) inches from the face of the curb. The back of newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than three inches from the wall.

B.

Newsracks shall not be chained or otherwise attached to any public property including but not limited to a bus shelter, bench, street light, utility pole, to any other single or modular newsrack, or to any tree, shrub, or other plant, nor situated upon any landscaped area.

C.

Any single unit temporary newsrack which complies with this chapter may be permitted in any single location for a period of forty-five (45) days in order to determine the suitability of long term newsrack locations. At least ten (10) business days prior to locating a temporary newsrack, a complete permit

application shall be submitted, including written notice of the particular location and date upon which the forty-five (45) day trial period will begin. Within ten (10) business days after expiration of the forty-five (45) day trial period, the person maintaining the newsrack shall either cause it to be removed or submit a written request to the public works director for a permit for a permanent newsrack location. Temporary newsracks shall be skirted and weighted down.

D.

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

Within fifteen (15) feet of any marked or unmarked crosswalk as measured from the curb return;

Within five feet of any fire hydrant, fire call box, police call box, or other emergency facility;

Within five feet of any driveway, bus bench, or red curb;

At any location where the clear space for the passage of pedestrians is reduced to less than six feet;

In such a manner as to impede or interfere with the view of any commercial window display;

Within fifteen (15) feet of the curb return of any wheelchair curb ramp not in a marked crosswalk.

(Prior code § 4-14.05)

A.

Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Including, without limitation, the newsrack shall be free of dirt and grease; chipped, faded, peeling or cracked paint; dents and rust corrosion and shall have no broken or cracked plastic, glass or structural parts. Adhesive labels, other than city issued identification/approval labels, unrelated to publications in the newsracks shall not be displayed on newsracks. Each newsrack shall be permitted one newspaper or publication identification label and/or logo to be located on the front of the newsrack.

B.

Abandoned or unused newsracks may be removed by a designated city employee and may be disposed of if not claimed by the owner within thirty (30) days after the city has notified the owner in writing. If owner

identification information is not clearly visible on rack, the city need not contact said owner. Such notice shall state the code violations, the length of time within which the violation must be cured, and procedures by which the owner may request a hearing.

C.

Each newsrack which requires the deposit of money to obtain the publication shall be equipped with a coin return mechanism to permit persons using the machine to secure a refund in the event they are unable to receive the publication for which they paid. The coin return mechanism shall be maintained in good working order.

D.

Every person maintaining a newsrack shall have his or her name, current address, and telephone number (updated within ten (10) days of any changes) affixed to the rack in a place where such information will be readily visible and shall include, with such identification, instructions on how to receive a refund in the event of coin return malfunctions.

E.

Upon the removal of a newsrack, the public right-of-way shall be returned to its original condition including but not limited to the refilling of holes installed for purposes of maintaining newsracks.

(Ord. 04-266 § 1 (part); prior code § 4-14.06)

(Ord. No. 10-345, § 1, 2-9-2010)

A.

A newsrack in violation of this chapter may be removed by a designated employee of the city if it is impossible to remedy the violation and said violation poses a danger to health and safety, pedestrians or vehicular traffic.

B.

Before any newsrack is removed, the owner shall be notified by mailing, where feasible, to the address for such party stated on the newsrack permit and given ten (10) days to remedy the violation and/or contest removal. If no identification is shown on the newsrack and no newsrack permit has been obtained, posting of the notice on the newsrack alone shall be sufficient. Both forms of notice shall state the procedure to request a hearing.

C.

Any person notified under this section may submit a written request for a hearing before the director of public works or their designee, which hearing shall be held not less than ten (10) business days after the request was made. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the director of public

work's decision following the hearing, which decision shall be rendered no later than ten (10) business days after the hearing. The director of public works may give oral notice of the decision at the close of the hearing, but shall also give written notice of all decisions.

D.

The city may remove a newsrack if the person responsible for such newsrack has (1) neither requested a hearing before the director of public works nor remedied the violation within ten (10) business days following date of notice, or (2) has failed to remedy the violation within ten (10) business days after receiving a copy of the written decision that the newsrack was installed or maintained in violation of this chapter, following a hearing as conducted pursuant to this section. Such person shall be notified of the removal. Removed newsracks shall be retained by the city and may be recovered by the responsible party for thirty (30) business days following removal.

E.

Notwithstanding the provisions of subsection A of this section, prior notice of removal is not required where the newsrack poses a danger to pedestrians or vehicles, provided notice of the removal and opportunity to contest is given the owner, if owner identification is clearly visible on rack, within ten (10) days of the removal.

F.

Removed or impounded newsracks shall be retained and may be recovered by their owner within thirty (30) days of their removal. Newsracks removed or impounded by the city shall be retained at the city's Municipal Services Center. Newsracks, which are not claimed within thirty (30) days, shall be deemed permanently abandoned and shall be disposed of.

G.

The person responsible for such newsrack shall pay an impound fee covering the actual cost to the city of transporting, storing and disposing of such newsrack.

H.

Abatement hereunder is a cumulative remedy and does not constitute a defense to civil or criminal proceedings which may be employed simultaneously pursuant to this code.

(Ord. 04-266 § 1 (part); prior code § 4-14.07)

A.

Every pre-existing newsrack within the location limits set forth in Section 9.16.050, which does not comply with the provisions of this chapter, shall be removed or otherwise brought into conformance within three months of the effective date of this chapter.

B.

Every pre-existing, permitted newsrack, which is not in compliance with the design standards set forth in Section 9.16.030(A), shall be removed or otherwise brought into conformance within five years of the effective date of the ordinance codified in this chapter. Any and all new newsracks, or replacement newsracks, shall be subject to the provisions of this chapter.

(Ord. 04-266 § 1 (part))