Merced Municipal Code Ch. 12.32 New Racks

No person shall install, use, or maintain any news rack which projects onto, into, or aver 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.

(Ord. 1306 § 1 (part), 1980: prior code § 24.70(a)).

No person shall install, use, or maintain any news rack which in whole or in part rests upon, in, or over any sidewalk or parkway, when the installation, use or maintenance endangers the safety of persons or property, or when the site or location is used far public utility purposes, public transportation purposes, or other governmental use, or when the news rack reasonably 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 the news rack interferes with the cleaning of any sidewalk by the use of mechanical sidewalk cleaning machinery.

(Ord. 1306 § 1 (part), 1980: prior code § 24.70(b)).

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

A. No news rack shall exceed five feet height, thirty inches in width, or two feet in depth.

B. News racks shall only be placed near a curb or adjacent to the wall of a building. News racks placed near the curb shall be placed no less than eighteen inches nor more than twenty-four inches from the edge of the curb. News racks 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 news rack shall be placed or maintained on the sidewalk or parkway or maintained on the sidewalk or parkway opposite a news stand or another news rack.

C. No news rack shall be chained, bolted, or otherwise attached to any property not owned by the owner of the news rack or to any permanently fixed object.

D. News racks may be chained or otherwise attached to one another; however, no more than three news racks may be joined together in this manner, and a space of no less than eighteen inches shall separate each group of three news racks so attached.

E. No news rack, or group of attached news racks allowed under subsection D, shall weigh, in the aggregate, in excess of one hundred twenty-five pounds when empty.

F. No news rack shall be placed, installed, used, or maintained:

1. Within five feet of any marked crosswalk;

2. Within five feet of the curb return of any unmarked crosswalk;

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

4. Within five feet of any driveway;

5. Within five feet ahead of, and five feet to the rear of, any sign marking a designated bus stop;

6. Within five feet of any bus bench;

7. At any location whereby the clear space for the passage of pedestrians is reduced to less than five feet;

8. Within five feet of any area improved with lawn, flowers, shrubs, or trees or within five 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.

G. No news rack 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.

H. Each news rack shall be maintained in a clean, neat, and attractive condition and in good repair at all times.

(Ord. 1306 § 1 (part), 1980: prior code § 24.70(c)).

Every person who places or maintains a news rack 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. 1306 § 1 (part), 1980: prior code § 24.70(d)).

(a) Any news rack installed or maintained in violation of this chapter may be seized and removed in accordance with this section. Seizure and removal of news racks in violation of Sections 12.32.020 and 12.32.030 may take place only if it is impractical to remedy the violation by moving the news rack to another point on the street, sidewalk or other public right-of-way without mechanical assistance. Before any news rack is seized, the person responsible for its installation and maintenance shall be notified and given ten days in which to remedy the violation or to request a hearing to contest the seizure in the manner provided in subsection (b). Notice to the party responsible for the news rack shall be given by written notice sent to the address for such party, and an additional notice tag shall be affixed to the news rack on the date of notice. The latter notice shall be sufficient if no identification is shown on the news rack. Both the notice sent to the address stated on the news rack and the additional notice tag affixed to the news rack shall state the place to request a hearing to contest the seizure.

(b) Any person notified under subsection (a) may request a hearing before a designated city official (the "hearing officer") in the manner set forth below. The hearing officer shall be the director of public works or his designee. The person notified under subsection (a) may request a hearing by making a request in the office of the director of public works. The hearing shall be held not less than ten days after the request is made by the party notified. 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 hearing officer's decision following the hearing which decision shall be rendered in writing no later than five days after the hearing.

(c) The city may seize and remove a news rack if the person responsible for such news rack (i) has neither requested a hearing before the hearing officer nor remedied the violation within ten days following date of notice, or (ii) has failed to remedy the violation within ten days after receiving a copy of the written decision that the news rack was installed or maintained in violation of this chapter, following a hearing conducted pursuant to subsection (b). Such persons shall be notified of the seizure. Seized news racks shall be retained by the city and may be recovered by the responsible party for a period of at least ten days following seizure.

(d) Notwithstanding the provisions of subsections (a) through (c), if a news rack is installed or maintained in such a place or manner as to pose an immediate danger to persons or property, the city may seize such news rack without prior notice to the person responsible for such news rack if it is impractical to remedy the danger by one person moving the news rack to another point on the street, sidewalk, or other public right-of-way without mechanical assistance. The person responsible for such news rack shall be notified promptly after such seizure has occurred, and shall have the right to request an informal hearing before the director of public works within ten days after receiving such notice to determine whether the seizure was proper. Any news rack seized shall be retained by the city and may be recovered by the persons responsible for such news rack as provided in subsection (c).

(e) Abandoned news racks may be removed by a public officer of the city and may be disposed of if not claimed by the person responsible for that news rack within ten days. The above notwithstanding, at least ten days before any news rack is removed under this subsection, the persons responsible for its installation or maintenance shall be given written notice pursuant to this section that such news rack is suspected of being abandoned. Such news rack shall not be removed if, before removal, the party responsible for its installation or maintenance informs the director of public works that the news rack has not been abandoned and promptly stocks and maintains the subject news rack. In addition, upon removal of any abandoned news rack, the person responsible for its installation or maintenance shall promptly be notified and given ten days in which to request an informal hearing before the director of public works.

(Ord. 1729 § 1, 1989: Ord. 1306 § 1 (part), 1980: prior code § 24.70(e)).

In the case of violations of provisions of Section 12.32.030 relative to restrictions upon attachments of news racks to property other than that owned by the owner of the news rack, to fixed objects or each other, and upon location of news racks, any public body or officer may, as an alternative to removal under Section 12.32.050, remove such attachment and/or move such rack or racks in order to restore them to a legal condition.

(Ord. 1306 § 1 (part), 1980: prior code § 24.70(f)).