Norwalk Municipal Code Ch. 12.24 Newsracks

The purpose of this chapter is to promote the public health, safety and welfare through the regulation of the placement, appearance, servicing and insuring of newsracks on the public right-of-way so as to:

A. Provide for pedestrian and driving safety and convenience;

B. Restrict the unreasonable interference with the flow of pedestrian or vehicular traffic, including ingress into or egress from any residence or any place of business or from the street to the sidewalks by persons exiting or entering parked or standing vehicles;

C. Provide reasonable access for the use and maintenance of poles, posts, traffic signs or signals, hydrants and mail boxes and access to locations used for public transportation purposes;

D. Eliminate newsracks which may result in a visual blight on the public rights-of-way or which may unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements;

E. Maintain and protect the values of surrounding properties;

F. Reduce the unnecessary exposure of the City to personal injury and property damage claims; and

G. Provide for and maintain the freedom of speech for newspapers or news periodicals using newsracks for distribution purposes.

(Prior code § 7-17.1; Ord. 21-1722 § 2)

As used in this chapter:

"Director"

means the City Manager or designee.

"Harmful matter"

has the meaning set forth in Section 313 of the California Penal Code.

"Newsrack"

means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, sale or distribution of any written, photographic or printed material, including, but not limited to, newspapers or news periodicals.

"Parkway"

means that area between the sidewalk and the curb of any roadway, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent to the roadway. "Parkway" also includes any area within a roadway which is not open to vehicular travel.

"Roadway"

means that portion of a street improved, designed or ordinarily used for vehicular travel.

"Sidewalk"

means that portion of a public right-of-way provided for the exclusive use of pedestrians.

"Street"

means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways and sidewalks.

(Prior code § 7-17.2; Ord. 21-1722 § 2)

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

A. Location.

1. No newsrack shall, in whole or in part, rest upon or project onto, into or over any part of the roadway of any street.

2. No newsrack shall, in whole or in part, rest upon or project onto, into or over any sidewalk or parkway when such newsrack endangers the safety of any person or property, or when such newsrack unreasonably 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; the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near that location; or the cleaning of any sidewalk by the use of mechanical sidewalk-cleaning machinery.

3. Each newsrack shall only be located near a curb or adjacent to the wall of a building. Newsracks located near the curb shall be located no less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks located adjacent to the wall of a building shall be located parallel to such wall and not more than six inches from such wall.

4. No newsrack shall be located on the sidewalk or parkway opposite a newsstand or newsrack.

5. No more than eight newsracks shall be located on any public right-of-way within a space of 200 feet in any direction within the same block of the same street; provided, however, that no more than 12 newsracks shall be allowed on any one block. As used in this chapter, "block" means one side of a street between two consecutive intersecting streets. In determining which newsracks shall be permitted to remain, the Director shall give priority to those publications published more frequently and if the frequency is the same, to those with greater circulation. Newsracks of the same publication as another newsrack in the same location shall have lower priority.

6. Notwithstanding any other provision of this section, no newsrack shall be located:

a. Within five feet of the point of intersection of the edge of a marked crosswalk and the curbline;

b. Within 15 feet of any curb return of any unmarked crosswalk;

c. On those sidewalks that have been designated as official bicycle routes;

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

e. Within five feet of any driveway;

f. Within six feet of any bus bench;

g. Within six feet ahead and 25 feet to the rear of any designated bus stop;

h. Within six feet of any curb which has been painted yellow, white, green or blue pursuant to the provisions Vehicle Code Section 21458;

i. In any location whereby the cross space of the passageway of pedestrians on the sidewalk is reduced to less than six feet;

j. Within three feet of the imaginary lines that could be formed by extending the width of the entrance to a structure along lines perpendicular to the edge of the curb or its vertical extension;

k. Within three feet of any area improved with lawn, flowers, shrubs or trees; or

l. Within three 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.

B. Design. Each newsrack shall have a display case with a plastic window. No newsrack shall exceed four feet in height, exclusive of the coin mechanism, 30 inches in width, or two feet in thickness. Upon approval by the Director, National Newsvend Model M-30 newsracks, or an equivalent model, may be stacked to facilitate installation in confined areas; provided, they are installed adjacent to a building in accordance with Section 12.24.030(A)(3). Each newsrack shall be installed on a single pedestal or a multiple post mount which shall be securely anchored to the ground and shall be constructed, installed and maintained in a safe and secure condition. An encroachment permit shall be issued free of charge for existing newsracks for which an application is submitted and approved within 60 days of the effective date of the ordinance codified in this section. All other newsracks shall be subject to the full encroachment permit fee.

C. Attachments.

1. No newsrack shall be bolted or otherwise attached to any property or any permanently fixed object not owned by the owner of the newsrack, without submitting written permission from the owner of the property or object to the City. Not more than four newsracks may be attached to any one standard, except for stacked newsracks as approved pursuant to Section 12.24.030(B) where the maximum number shall be eight.

2. Newsracks may be bolted or otherwise permanently attached to one another; however, no such group of newsracks which extends more than nine feet may be joined together in this manner, and a space of no less than three feet shall separate each group of newsracks so attached.

D. Advertising. No newsrack shall be used for advertising signs or publicity purposes, except that each machine may have attached to it a single sign panel, no wider than the machine and no more than 12 inches in height, upon which advertising or other information may be displayed. In addition, information identifying or describing the publication available in each machine may be printed upon any part of the machine itself.

E. Maintenance.

1. Each newsrack shall be maintained in a clean and neat condition so as not to have cracked or broken coverings or casings.

2. Each newsrack shall be painted or covered with a protective coating so as to keep it from rust.

3. Each newsrack, including any coin-return mechanism, shall be mechanically operable.

4. No newsrack shall remain in a condition where it contains an issue or edition of any publication for a period in excess of 45 days past the date the next issue is published or disseminated, whichever is sooner.

5. No newsrack shall remain in a condition where it does not contain the publication which it is designated to disseminate for a period of 45 consecutive days or longer.

(Prior code § 7-17.3 (part); Ord. 1484R §§ 1—7, 1998; Ord. 21-1722 § 2)

A. Every person who installs, places or maintains a newsrack in the City shall have the person's name, address and telephone number affixed in a place where it may be easily seen. If the person is a corporation, then the name, address and telephone number of the distributor must be affixed in a place where it may be easily seen.

B. If any newsrack is not properly identified as to the owner, the City shall notify by certified mail, return receipt requested, the publisher of the publication sold in the newsrack of the violation of this chapter, and a copy of the notice shall be posted on the newsrack.

C. If any coin-vending newsrack machine is not properly identified as to the owner, the City shall notify by certified mail, return receipt requested, the publisher of the publication sold in the newsrack of the violation of Section 17570 of the California Business and Professions Code, and a copy of the notice shall be posted on the newsrack.

(Prior code § 7-17.4; Ord. 21-1722 § 2)

Each person who installs, places or maintains a newsrack on public property in the City shall file a written statement with the City Clerk, satisfactory to the City Attorney, in which he or she agrees to indemnify, defend and hold harmless the City, and each of its officers, agents and employees from and against any and all liability, claims, damages, losses, costs and expenses of whatsoever kind or nature, including, but not limited to, legal expenses, for bodily or personal injury and for property damage sustained by any person as a result of the location, installation, placement, maintenance, use, removal or storage of such newsrack within the City.

(Prior code § 7-17.5; Ord. 21-1722 § 2)

It is unlawful for any person to place or permit the placement of any publication in any newsrack within the City unless either that person or the publisher of the publication has a valid business license issued pursuant to Title 5 of this Code.

(Prior code § 7-17.6; Ord. 21-1722 § 2)

A. Any newsrack installed, used or maintained in violation of the provisions of this chapter, or that displays offensive or harmful matter in violation of the provisions of this chapter, shall be tagged with a notice of violation stating the violation, date of tagging, notice of intention to remove the newsrack or offensive or harmful matter if the violation is not corrected within 10 days, and procedure for obtaining a hearing before the Director, if desired. The notice shall also be mailed to the owner of the newsrack, if the name and address of the owner can reasonably be determined by the City.

B. Any newsrack which has been tagged and remains in violation of the provisions stated on the tag past the 10 day correction period, and no hearing has been requested, the newsrack or offensive or harmful matter shall be removed by the Director and stored in any convenient place. The Director shall notify the owner by mailing a notice of removal to the last known address of the owner. Such notice shall state the date the newsrack or offensive or harmful matter was removed, the reasons for removal, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the Director, if desired.

C. If a hearing is requested within the 10 day correction period, it shall be held within five days. If the Director determines at the hearing that the newsrack or the offensive or harmful matter displayed within it violates the provisions of this chapter, the owner shall within 48 hours after the decision remove the newsrack or the offensive or harmful matter displayed within it. Newsracks or materials not so removed shall be removed by the Director.

D. Any such newsrack or offensive or harmful matter removed and stored pursuant to these provisions shall be released to the owner if claimed within 45 days after such removal and upon the payment of reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack or offensive or harmful matter and pay the reasonable charges within 45 days after the mailing of written notice of removal, the newsrack or offensive or harmful matter shall be deemed to be unclaimed property in possession of the City and may be disposed of pursuant to the provisions of this Code.

E. Notwithstanding subsection A of this section, in the case of violations of this chapter relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects, or to each other, and the location of newsracks, the Director may, as an alternative to tagging such newsrack, move, align, remove such attachment, or otherwise move such rack or racks in order to restore them to a legal condition.

F. Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health, safety or welfare of the public, which violation cannot be corrected by moving or otherwise repositioning the newsrack, may be summarily removed and stored in a convenient location so as to eliminate the danger to the health, safety and welfare of the public. The Director shall notify the owner by mailing a notice of removal to the last known address of the owner. Such notice shall state the date the newsrack was removed, the reasons for removal, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the Director, if desired. Any such newsrack removed and stored pursuant to this section shall be released to the owner if claimed within 45 days after the mailing of written notice of removal and upon the payment of reasonable charges of removal and storage.

G. Any action of the Director pursuant to subsection B, C or F of this section, after a hearing has been requested and held, shall be final, and subject to immediate judicial review.

(Prior code § 7-17.7; Ord. 21-1722 § 2)

A. Permit Required. No person, whether as a principal, agent or employee, either for itself or any other person, or as an officer of any corporation, or otherwise, shall place, affix, erect, construct or maintain a newsrack upon any public right-of-way unless and until an encroachment permit has been obtained in accordance with Chapter 12.20 of this Code.

B. Permit Fee. The fee for an encroachment permit for newsracks shall be in an amount established by resolution of the City Council.

C. Permit Approval. Notwithstanding any provision of Chapter 12.20, within 10 City business days of the filing of a complete application, the Director shall approve and issue the encroachment permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this section shall not be extended except upon the written consent of the applicant.

D. Appeals. An appeal may be made to the City Council from any decision or determination of the Director in accordance with Chapter 12.20 and shall be processed pursuant to the provisions of that chapter.

(Prior code § 7-17.8; Ord. 1484R § 10, 1998; Ord. 21-1722 § 2)

The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions in this chapter. Those newsracks installed prior to the effective date of any provision enacted in this chapter shall be brought into compliance with these provisions within 30 days of the effective date of such provisions; except that any violation of Section 12.24.030(B) (size, posts) shall be cured within 12 months of the effective date of this chapter. Any newsrack not brought into compliance within the specified time periods shall be deemed to be in violation of this chapter.

(Prior code § 7-17.9; Ord. 1484R § 9, 1998; Ord. 21-1722 § 2)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction of any such violation such person shall be punishable as provided in Chapter 1.16 of this Code.

(Prior code § 7-17.10; Ord. 1484R § 8, 1998; Ord. 21-1722 § 2)