Monrovia Municipal Code Ch. 12.40 Newsracks

The vending of newspapers or other publications from an unattended coin-operated vending machine (a “newsrack”), placed upon a public sidewalk or right-of-way, shall be permitted in accordance with the regulations of this chapter.

(`83 Code, § 12.40.010) (Ord. 85-10 § 2 (part), 1985)

(A) No person shall install or maintain a news rack or mount therefor without first obtaining a permit from the business license officer or without complying with the regulations of this chapter.

(B) An application for a permit shall be filed with the business license officer on an application form which shall contain:

(1) The name, address and telephone number of the person who owns the business of placing and maintaining the newsracks and mounts;

(2) The signature of the owner of the business;

(3) The location of each newsrack and mount to be placed and maintained;

(4) Name of the newspaper to be sold from the newsrack;

(5) A precise plan or drawing depicting the exact proposed location.

(C) A permit application shall be accompanied by an inspection fee of $5 for each newsrack.

(D) Permits may be issued for the installation of a newsrack or newsracks without prior inspection of the location, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this chapter.

(E) Issuance of a permit shall be contingent upon payment of the applicable business license tax set forth in Chapters 5.04, 5.08 and 5.12 of this code. Failure to pay such tax will result in the revocation of existing permits.

(F) The permittee shall maintain public liability insurance covering personal injury and property damage arising out of the use, ownership and maintenance of the newsracks in the amount of $300,000 single limit per occurrence, with the city named as an additional insured. Evidence of such insurance shall be filed with the Business License Officer before issuance of a permit. The insurance shall provide that cancellation shall be effective only after 20 days written notice thereof delivered to the Business License Officer. Notwithstanding the foregoing, an applicant for a permit which maintains a bona fide self-insurance program with respect to public liability for personal injury or property damage shall be exempted from the provisions of this division (F) upon presentation of appropriate evidence thereof to the Business License Officer.

(`83 Code, § 12.40.020) (Ord. 85-10 § 2 (part), 1985)

(A) Newsracks shall be placed and maintained so they do not:

(1) Endanger the safety of persons or property;

(2) Interfere with any governmental use of the sidewalk;

(3) Unreasonably interfere with pedestrians, including persons entering or leaving motor vehicles;

(4) Interfere with ingress or egress to private property;

(5) Interfere with the use of mail boxes or traffic signals.

(B) Newsracks shall not be placed:

(1) Within three feet of any marked crosswalk;

(2) Within 15 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, or 25 feet to the rear of any sign marking a designated bus stop;

(6) Within six feet of any bus bench or bus shelter;

(7) At any location where the clear space for the passageway of pedestrians is reduced to less than six feet;

(8) So as to project onto or over any part of the roadway of any public street or alley open to vehicular traffic, or rest wholly or in part upon, along or over any portion of the roadway of any public street or alley open to vehicular traffic;

(9) Within three feet of any display window of any building abutting a sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes.

(C) A newsrack may be placed and maintained at a location selected by the applicant, provided that:

(1) The total length of sidewalk occupied by a series of newsracks at a particular location shall not exceed 30 lineal feet. At or near a corner, a series of newsracks at one location may be located partly on one sidewalk and partly on a perpendicular sidewalk, provided that the total length of both sidewalks occupied does not exceed 30 lineal feet.

(2) A location shall be 100 feet or more from another location, except where separated by a public street or alley open to vehicular traffic.

(D) All newsracks installed, used or maintained shall not exceed five feet in height, 30 inches in width or two feet in thickness. Stands for newsracks shall be of single-pedestal design (K-Jack type 100 mounts or equivalent), bolted in place to the sidewalk. Equivalent designs shall be subject to the approval of the Development Review Committee. Mounts and pedestals shall be painted black and siding of dispensers shall be simulated woodgrain paneling. Installation, including sidewalk restoration, shall be performed according to the specifications on file in the Department of Community Development.

(E) Each newsrack installed, used or maintained pursuant to this chapter shall be identified with the name, address, telephone number and permit of the owner in a manner so as to be clearly visible. No newsrack shall carry any advertising except the name of the newspaper or other publication being dispensed on the bottom one-third of the cover or hood. For purposes of this division (E), neither a full page display of the newspaper or publication sold in the newsrack, nor a sign advising a customer that the newspapers or publication may be purchased elsewhere shall constitute advertising.

(F) Newsracks shall be maintained in good working order at all times, and in a clean and neat condition. Newsracks shall be placed adjacent and parallel to the wall of a building, not less than six inches nor more than 18 inches from the wall, unless the Development Review Committee determines that placement near a building is not otherwise in conformance with the regulations of this chapter, in which case it may authorize placement near a curb if such a placement would be otherwise in conformance with the regulations of this chapter. Newsracks placed near a curb must be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the curb. No newsrack shall be placed or maintained on a sidewalk opposite another newsrack.

(`83 Code, § 12.40.030) (Ord. 85-10 § 2 (part), 1985)

(A) Any newsrack installed, used or maintained in violation of the provisions of this chapter may be removed or stored in any convenient place by any officer of the city. Fifteen days prior to removal, written notice of the violation shall be given by attaching a notice of violation to the newsrack and mailing such notice to the permittee. At any time within said 15-day period, an informal administrative hearing to challenge the existence of the alleged violation may be requested by the permittee or a representative of the permittee. The hearing shall be held before the Development Review Committee, whose decision in the matter shall be final and not subject to the appeal provisions set forth in Title 2 of this code. If the permittee fails to correct the violation during the 15-day period, or within five days following an adverse decision by the Development Review Committee, whichever is later, the newsrack shall be removed, held as evidence or disposed of as unclaimed property by the Police Department.

(B) The cost of removal and/or storage by the city of any newsrack subject to this chapter shall be chargeable as a civil debt to the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation.

(`83 Code, § 12.40.040) (Ord. 85-10 § 2 (part), 1985)

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

(1) 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;

(2) Any picture or illustration of genitals, pubic hair, perineums, anuses, or anal regions of any person where such picture or illustration has as its purpose or effect sexual arousal, gratification or affront;

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

(B) EXPLICIT SEXUAL ACTS as used in this section shall mean 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 the genitals, whether any of the above conduct depicted or described is 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 genitals, pubic region, pubic hair, perineum, anus or anal region.

(`83 Code, § 12.40.050) (Ord. 85-10 § 2 (part), 1985)

Owners of newsracks within the city on the effective date of the ordinance codified in this chapter shall have six months from said date to comply with the provisions of this chapter; thereafter, any newsrack not in compliance shall be subject to removal as provided in this chapter. The provisions of § 12.40.020(C) shall not apply to any newsrack in place prior to the effective date of this chapter.

(`83 Code, § 12.40.060) (Ord. 85-10 § 2 (part), 1985)

Newsracks located on private property shall comply with the provisions of § 12.40.020(E), § 12.40.030(D), and § 12.40.050, provided, that in case of the latter publications displaying otherwise prohibited matter are not visible from a public right-of-way or an area or place generally open to minors. In all other respects, this chapter shall not apply to such newsracks. Violations of this subsection shall be punishable as an infraction.

(`83 Code, § 12.40.070) (Ord. 85-10 § 2 (part), 1985)