Montebello Municipal Code Ch. 5.60 Publication Vending Machines

For the purpose of this chapter, certain words and phrases shall be defined as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Publication vending machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including, but not limited to, newspapers, news periodicals, magazines, books, pictures, photographs and records.

"Parkway" means that area between the sidewalks and the curb of any street. Where there is no sidewalk, parkway means that area between the edge of the roadway and the lot line of the abutting lot. Parkway also includes any area within a roadway which is not open to vehicular traffic.

"Roadway" means that portion of a street improved, designed or customarily used for vehicular travel.

"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.

(Prior code § 3550)

No person shall install, use or maintain any publication vending machine which is located, or which projects, into any part of the roadway of any public street.

(Prior code § 3551)

No person shall install, use or maintain any publication vending machine which is located, or projects in, or upon any public sidewalk, 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 governmental use, or when such publication vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress 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.

(Prior code § 3552)

Any publication vending machine which in whole or in part rests upon, in or over any public sidewalk or parkway, shall comply with the following standards:

A. No publication vending machine shall exceed five feet in height, thirty inches in width, or two feet in thickness.

B. Publication vending machines shall only be placed near a curb or adjacent to a wall or a building. Such machines placed near the curb shall be placed no less than eighteen inches or more than twenty-four inches from the edge of the curb. Those machines placed parallel to a wall or building shall be placed not more than six inches from the wall or building. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines.

C. No publication vending machine shall be chained, bolted or otherwise attached to any building or structure not owned by the owner of the machine, unless the owner of the machine shall have first obtained the written permission of the owner of such building or structure.

D. Publication vending machines may be placed next to each other; provided, that no group of the machines shall extend more than eight feet along a curb or wall and a space of no less than three feet shall separate each such group of machines.

E. Such machines may be chained or otherwise attached to one another, provided no more than three such machines may be joined together in this manner and a space of no less than three feet shall separate each group of three such machines so attached.

F. Notwithstanding any other provision of this chapter, no publication vending machine shall be placed, installed, used or maintained:

1. Within five feet of any marked crosswalk;

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

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

4. Within five feet of any driveway;

5. Within five feet ahead of or twenty-five feet to the rear of any sign marking a designated bus stop;

6. Within six feet of any bus bench;

7. In any location whereby the cross space or the passageway of pedestrians is reduced to less than six feet;

8. Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window or 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;

9. Within one hundred feet of any other such machine on the same side of the street within the same block containing the same edition of the same publication.

G. No such machine shall be used for advertising material other than dealing with the display, sale or purchase of the publications sold therein; provided, that such permitted advertising shall comply with the provisions of Section 5.60.050 (B)

H. Each such machine shall be maintained in a clean, neat and attractive condition and in good repair at all times, and no issue or edition of any publication shall be allowed to remain in any such machine for a period in excess of seven days of the date of the initial issuance or publication, whichever is sooner.

(Prior code § 3553)

A. No publication which is prohibited by the laws of the state from sale or distribution to minors, may be offered for sale to the public in a publication vending machine located on or in any public street, unless such offer of sale is made or maintained in the presence of an attendant with the ability to prevent the purchase of such publication by a minor.

B. No publication may be offered for sale to the public on any public street by means of such publication vending machine in such manner as to expose to the public view any photograph or drawing contained within such publications displaying any of the following:

1. The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person, other than a child under the age of puberty;

2. Any portion of the breast, at or below the areola, of any female person, other than a child under the age of puberty;

C. Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists in an offer of sale of any publication in violation of this section.

D. Any publication offered for sale in violation of this section constitutes a public nuisance.

(Prior code § 3554)

Every person who places or maintains such a machine on a public sidewalk or parkway in the city, shall file a written statement with the city clerk, satisfactory to the city attorney, whereby he or it agrees to indemnify and hold harmless, the city, its officers and employees, from any loss or liability or damages, including expenses and costs for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of such a machine within the city.

(Prior code § 3555)

The owner shall provide and keep in force during the time that such a machine is allowed to remain on public property, a policy of public liability insurance against liability for injuries to persons or property arising out of accidents attributable to the newspaper or magazine racks or stands or publication vending machines on city property, in the amounts determined by the city attorney, with limits of at least one hundred thousand dollars for injury or death to any one person, three hundred thousand dollars for injury or death arising from any one accident or occurrence, and ten thousand dollars for property damage. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of his permit and shall contain a provision that such policy may not be canceled except after thirty days' notice in writing given to the city clerk of the city. Copies of these policies or certificates evidencing the same shall be filed with the city clerk after approval by the city attorney.

(Prior code § 3556)

A. Where the city manager finds that a publication vending machine has been installed, used or maintained in violation of any provision of this chapter, he shall issue a written order to the owner of such machine, stating therein the nature of the violation and requiring that such violation be corrected in a reasonable time, not to exceed seven consecutive calendar days. If, upon reinspection, the city manager finds that such violation has not been corrected within the time permitted therefor, as set forth in the order, he shall, forthwith, remove the machine and store the same. Forthwith upon removal of a machine, the city manager shall give the owner thereof written notice of the fact of such removal. No such machine shall be restored to the owner thereof, or other person entitled to possession, unless and until such owner, or person entitled to possession, has paid to the city a fee in an amount equal to the cost of inspection, and the cost of storage of such machine, all as determined by the city manager.

B. The owner, or other person entitled to possession of an impounded machine who fails, within thirty days of the giving of notice by the city manager of the fact of such impounding, to make application to the city manager and to pay the fees required pursuant to this section, shall be deemed, conclusively, to have abandoned such machine, and the same shall be disposed of in the manner established by law.

C. Any person who is aggrieved by a determination made by the city manager pursuant to the provisions of this section may file with the city clerk a written appeal, appealing the decision of the city manager to the city council. Such an appeal shall be deemed timely filed if the same is filed with the city clerk not later than the tenth consecutive day from and after the day of giving of notice of the decision which is the subject of such appeal. Upon receipt of such a timely filed appeal, the city clerk shall set the matter for hearing at the next most convenient meeting of the city council for determination at that time by that body. The city council shall give the appealing party and any other interested person a reasonable opportunity to be heard in conjunction with the appeal. The determination of the city council shall be final and conclusive.

(Prior code § 3557)

Where the city manager finds that a publication vending machine, located in any public street area, does not have the name, address and telephone number of the owner thereof placed upon such machine, in compliance with Section 17570 et seq. the Business and Professions Code of the state, he shall impound such machine and hold the same for disposal as abandoned and unclaimed property. Immediately prior to the effective date of this chapter, the city manager shall take such steps as may reasonably be necessary to ascertain the name and address of the owners of all publication vending machines within the city which do not have thereon the name, address and telephone number of such owner. He shall advise such persons, as he is able to identify, of the requirement of Section 17570 of the Business and Professions Code and of the result of the failure to comply with the code, as set forth in this section.

(Prior code § 3558)

Notices required pursuant to the provisions of this chapter shall be given by any personal service, or by United States Postal Service, postage prepaid, addressed to the person to be notified at his last known address, and deposited in the course of transmission of the United States Postal Service. The giving of notice hereunder shall be deemed to have occurred as of the date and hour of personal service, or as of the date of deposit of the written notice in the course of transmission of the United States Postal Service.

(Prior code § 3559)