Morgan Hill Municipal Code Ch. 12.24 Newsrack Consolidation

The purpose of this chapter is to promote the public health, safety, and welfare through the regulation of placement, appearance, number, size, and servicing of newsracks on the public right-of-way in Morgan Hill. It is not the intent of this chapter to in any way discriminate against, regulate, or interfere with the publication, circulation, distribution, or dissemination of any printed material that is constitutionally protected.

(Ord. No. 2281 N.S., § 1, 9-26-2018)

For this chapter, the following words are defined as follows:

"Abandoned newsrack or newsrack space" is any newsrack or newsrack space which remains empty for thirty calendar days or more, except that a newsrack remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that newsrack or newsrack space shall not be deemed abandoned.

"Downtown Zone." The area of Morgan Hill generally known as Downtown which includes Monterey Road to the West, Depot Street to the Ease, Main Street to the north, and Dunne Avenue to the South.

"Newsrack space" means the area within a newsrack accessed by one or more publications placed by publishers or distributors and intended for retrieval by customers or members of the public.

"Newsrack(s)" means any self-service, coin-operated or credit card-activated box, container, storage unit, kiosk, or other dispenser installed, used or maintained for the sale or distribution of newspapers, news periodicals, magazines, or other news or informational publications.

"Sidewalk" means any surface provided for the exclusive use of pedestrians.

(Ord. No. 2281 N.S., § 1, 9-26-2018)

It is unlawful to place, install, maintain, or cause to be placed, installed, or maintained a newsrack on, within, or projecting into a public right-of-way or public property in the city of Morgan Hill without first receiving a permit therefor from the city manager and unless such newsrack is in compliance with the provisions of this chapter; and

(Ord. No. 2281 N.S., § 1, 9-26-2018)

A. Each newsrack installed, used or maintained on a public sidewalk or parkway, or portion thereof, shall be of the modular type, or its equivalent. Each newsrack at a given location shall be part of a multi-unit configuration subject to standards set forth in this chapter. Each newsrack facility shall be located so as to maximize the public convenience, health, safety and welfare, both as to accessibility to the newsracks and the use of the public right-of-way as a thoroughfare, and the aesthetic appearance of the area.

B. No newsrack shall be installed, used or maintained in the public right-of-way in the R-1, R-2 or R-3 residential districts.

C. Newsracks shall be placed adjacent to the wall of a building and shall be parallel to such wall and not more than six inches from the wall. Newsracks may be placed near a curb at a location as approved by the city manager. Newsracks placed near a curb shall be placed not less than eighteen inches nor more than twenty-four inches from the edge of the curb. The City Manager may approve an exception to these locations for public access purposes.

D. No newsrack shall be placed on a sidewalk opposite another newsrack.

(Ord. No. 2281 N.S., § 1, 9-26-2018)

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

A. No newsrack shall exceed five feet in height, three feet in width, three feet in depth.

B. No newsrack may encroach onto the public right-of-way except as allowed under an encroachment permit issued by the city.

C. 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.

D. 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 more than one inch shall separate each group of three newsracks so attached.

E. No newsrack, or groups of attached newsracks allowed under subsection C. of this section, shall weigh, in the aggregate, more than five hundred pounds when empty.

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

1. Within five feet of any marked or unmarked crosswalk;

2. Within five feet of any fire hydrant or other emergency facility;

3. Within five feet of any driveway;

4. Within five feet of any bus bench or sign marking a designated bus stop;

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

6. Within two feet of any area improved with lawn, flowers, shrubs or trees or within two 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. At any location where the newsrack causes, creates or constitutes a traffic hazard;

8. At any location where the newsrack unreasonably obstructs or interferes with access to or the use and enjoyment of abutting property;

9. Where the newsrack will endanger persons or property;

10. Where the newsrack will unreasonably interfere or obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway; or

11. Within two hundred feet of any city-owned newsrack facility in the public right-of-way.

G. 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 housed therein. No exterior signs, stickers, or advertising shall be permitted, other than the available front clear portion of the newsrack space.

H. Each newsrack shall be designed and constructed so that wind action will not cause papers to be blown from the rack

(Ord. No. 2281 N.S., § 1, 9-26-2018)

A. Stands for newsracks shall be single or multi-unit pedestal. Such pedestal shall not exceed fifty-eight inches in height.

B. Newsrack mounts shall be painted RAL 7022 - Umbra Grey.

C. No newsrack shall be used for commercial advertising, signs, or publicity purposes, other than the available front clear portion of the newsrack space.

D. Each newsrack and newsrack space shall be maintained by the permittee in a clean and neat condition, free of graffiti, dirt, stickers, grease, and corrosion, and in good repair at all times. No newsrack shall be allowed to be chipped, faded, or cracked or shall contain broken or cracked plastic, glass, or structural parts. Adhesive labels, other than City-issued markers, or adhesive labels related to publications in the newsrack or newsrack space, shall not be displayed on newsracks.

E. Each permittee is responsible for placement of publications or other materials within newsracks. All work undertaken shall be the sole responsibility of the permit holder. Damage to city-owned newsracks resulting from the installation of the material into the newsrack shall be reported to the city immediately and repaired per city approval, at the expense of the permittee. Failure to make required repairs may result in city staff undertaking efforts to make such repairs. Cost of repairs shall be chargeable as a civil debt to the permit holder, owner or operator of the newsrack, and may be collected by the city in the same manner as it collects any other civil debt or obligation.

(Ord. No. 2281 N.S., § 1, 9-26-2018)

Notwithstanding any other provision in this chapter, newsracks on public sidewalks, parkways, rights-of-way, and streets in the city's Downtown Zone, must be installed and maintained only within the specially constructed newsrack display support structures that are approved and installed by the city.

(Ord. No. 2281 N.S., § 1, 9-26-2018)

A. Any newsrack installed, used or maintained in violation of this chapter may be summarily removed and stored in any convenient place by the city. The city shall take reasonable steps to notify the permittee, owner or other person responsible for its installation or maintenance. Upon failure of these persons to claim such newsrack and pay the expenses of removal and storage within thirty calendar days after such removal, the newsrack is deemed unclaimed property in possession of the city and may be disposed of by any means allowed by law.

B. The cost of removal and/or storage by the city of any newsrack publications 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.

C. Unauthorized publications or items placed in a newsrack space may be removed and disposed of by the city.

(Ord. No. 2281 N.S., § 1, 9-26-2018)