Chapter 5.92 — NEWSRACKS ON PUBLIC PROPERTY

"Curb return" means that portion of a sidewalk at a street corner bounded by the street curb, the street right-of-way line (the property line), and the radial lines at the beginning and the end of the arc formed by the street curb.

"Custodian" means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing or removing material from the machine or by collecting money from the machine.

"Display window" means any window located or utilized so as to exhibit or make a presentation of merchandise or any window located or utilized so as to give evidence to the general public of commercial advertisements.

"Improved area" means any area which has been improved with real or artificial lawn, flowers, shrubs, trees, plants, rocks, bark, textured concrete or other materials designed to upgrade the property.

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

"Person" means any individual, partnership, firm, association, corporation or other legal entity.

"Pictorial material" means any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing.

"Public right-of-way" includes, but is not limited to, the following: streets, roadways, parkways and sidewalks, as these terms are hereinafter defined:

• A. "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.

• B. "Roadway" means that portion of a street which is improved, designed, or ordinarily used for vehicular travel.

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

(Prior code 7960; Ord. 26-75; Ord. 23-96; Ord. 07-24, 5/14/2024)

The purpose of this chapter is to promote the public peace, morals, health and safety by regulating the placement, appearance, servicing and insuring of newsracks so as to protect against:

• A. The dangers of impairing the vision of motorists and pedestrians, particularly small children;

• B. The hazards of unreasonably interfering with or impeding the flow of pedestrian or

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.92.020

§ 5.92.040

vehicular traffic including ingress into or egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles;

• C. Unduly restricting access to the use of poles, posts, traffic signs or signals, hydrants, mailboxes or locations used for public transportation purposes;

• D. Neglectful servicing of newsracks resulting in a visual blight on the City's parkways and sidewalks, and detracting from the aesthetics of store window displays, adjacent landscaping and other improvements.

• (Prior code 7960.1; Ord. 26-75; Ord. 23-96)

• A. No person shall install, relocate, replace, use or maintain any newsrack which in whole or in part rests upon, in or over any public right-of-way unless such newsrack is placed upon a facility installed or approved by the City and unless a permit has been obtained from the Director of Public Works or designee, in accordance with this chapter.

• B. The application for a permit shall contain the following:

  1. The name, address and telephone number of the owner of the newsrack and the name and address of the person to whom any notice pursuant to this chapter should be given;

  2. The location at which the newsrack is to be installed and maintained; including dimensioned diagram showing the exact location of the newsrack and the improved area adjacent to the newsrack;

  3. An executed document, approved as to form by the City Attorney, by which the permittee agrees to indemnify and hold harmless the City, its officers, employees and agents from any claim, demand or judgment in favor of any person, arising out of activities or inactivities of the permittee with respect to the location, installation, maintenance or removal of the permittee's newsrack; and

  4. A certificate of insurance evidencing that comprehensive general liability insurance or commercial general liability insurance policy has been issued and an endorsement naming the City as an additional insured. The insurance shall be written on an occurrence basis and provide for a combined single limit of $500,000.00 per occurrence for bodily injury, death and property damage. The evidence of insurance filed with the City shall include a statement by the insurance carrier that 30 days' written notice by certified mail will be given to the City before any cancellation or modification of coverage.

• C. Any permit retained under this section shall expire within one year of the date of issuance and shall be renewed annually.

(Prior code 7960.2(a); Ord. 26-75; Ord. 23-96; Ord. 16-04)

No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or pathway when such installation, use or maintenance, endangers the safety of persons or property, or which site or location is used for public utility purposes,

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City of Orange, CA

ORANGE CODE

§ 5.92.040

§ 5.92.070

public transportation purposes or other governmental use, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally marked or stopped vehicle, the ingress into 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 said location. All newsracks shall be located and maintained in a manner consistent with the requirements of the Americans with Disabilities Act and state law. (Ord. 23-96)

No such newsrack shall be placed, installed, used or maintained in a parkway or sidewalk adjacent to property zoned residential, as such zone is defined in the Orange Municipal Code. The provisions of this section shall not prohibit the location of newsracks in a parkway or sidewalk in said zones, adjacent to a public building, exclusive of elementary, junior high and high schools, which is open to and used by the public. (Ord. 23-96)

Any newsrack which in whole or in part rests upon, in or over any public right-of-way shall comply with those specifications contained in the City's Standard Plans and Specifications, which are on file with the Director of Public Works, as the same may be amended from time to time. In addition to the City's Standard Plans and Specifications, 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; provided, however, that the newsrack may be securely anchored to the ground or sidewalk.

(Ord. 16-04)

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. Newsracks shall only be placed near a curb or adjacent to the wall of a building. Newsracks placed near the curb shall be placed no less than 18 inches or more than 24 inches from the edge of the curb. Newsracks 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 newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack. All newsracks must be level.

• B. Notwithstanding the provisions of Section 5.92.040 of this chapter, no newsrack shall be placed, installed, used or maintained:

  1. Within 10 feet of any marked crosswalk;

  2. Within 10 feet of any curb return;

  3. Within 10 feet of any fire hydrant, fire call box, police call box or other emergency facility;

  4. Within 10 feet of any driveway;

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.92.070

§ 5.92.090

5. Within 10 feet ahead of and 25 feet up the rear of any sign marking a designated bus stop;

6. Within six feet of any bus bench or transit advertising shelter;

7. Within three feet of any improved area or 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.

• C. 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 sold therein.

• D. Each newsrack shall be maintained in a clean, neat and safe condition and in good repair at all times. All printed material shall be secured to prevent printed material from scattering onto the right-of-way or adjacent properties.

• E. Newsracks may be placed next to each other. However, no group of newsracks shall extend more than 15 feet along a curb or wall, and no such group of newsracks shall be located within five feet of any group of newsracks.

• F. The Department of Public Works may apply additional criteria if warranted for reasons of health and safety.

(Prior code 7960.4; Ord. 23-96)

Publications offered for sale from any newsrack, which in whole or in part rests upon, in or over any public sidewalk or parkway, shall not be displayed or exhibited in a manner which exposes to public view from the public sidewalk or parkway any of the following:

• A. 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.

• B. Any picture or illustration of less than completely and opaquely covered human genitals, pubic hair, pubic region, perineum, anuses, anal regions, the female breast below a point immediately above the top of the areola, and male genitals in a discernible turgid state, even if completely and opaquely covered, where such picture or illustration has as its purpose or effect, sexual arousal, gratification or affront.

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

Explicit sexual acts as used in this section, means 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 is depicted or described as 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, anal region or female breast.

(Ord. 23-96)

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City of Orange, CA § 5.92.090

ORANGE CODE

§ 5.92.100

Every person or entity which places, maintains, relocates or replaces a newsrack along any street in the City shall have the permit issued by the City affixed thereto in a place where such permit may be easily seen from the street. (Ord. 16-04)

• A. Except as provided in this section or Section 5.92.140, whenever the Director of Public Works is advised that a newsrack has been installed or is being maintained in violation of this chapter, the Director shall cause the person in whose name the newsrack is permitted to be notified. Such notice shall state the nature of the violation, the intention to impound the newsrack if the violation is not corrected or a hearing is not requested before the Director of Public Works or designee, within 10 days after the giving of such notice, and the procedure for requesting such a hearing. A timely request for a hearing shall stay any impounding, provided that if the violation is upheld and not corrected within five days after the decision at such hearing becomes final, the Director of Public Works may impound the newsrack in accordance with subsection B of this section.

• B. Whenever a newsrack is impounded pursuant to subsection A of this section, the newsrack shall be removed by the Director of Public Works, or designee, and stored in a convenient place. The Director of Public Works or designee, shall notify the owner thereof by mailing a "notice of removal" to the address shown on the newsrack and if not shown, at the last known address of the owner if such an address can be ascertained.

Such notice shall state the date the newsrack was removed, the reasons therefor, the location and procedure for claiming the newsrack and the procedure for obtaining a postremoval hearing before the Director of Public Works or designee, if desired. Any such newsrack removed and stored pursuant to these provisions shall be released to its owner if claimed within 30 days after the mailing of the notice of removal and upon the payment of $25.00 as the City's reasonable charges of removal and storage. Upon failure of the owner to claim the newsrack and pay the reasonable charges within 30 days after the mailing of notice of removal, such newsrack shall be deemed to be unclaimed property and may be disposed of as such.

• C. Any newsrack in violation of the provisions of this chapter, which violation creates an immediate danger to the health or safety of the public may be summarily removed and stored in a convenient location so as to eliminate the danger to the health or safety of the public. The Director of Public Works or designee, shall notify the owner thereof 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 therefor, the location and procedure for claiming the newsrack, and the procedure for obtaining a post-removal hearing before the Director of Public Works, or designee. Any such newsrack removed and stored pursuant to this subsection shall be released to the owner thereof if claimed within 30 days after the mailing of written notice of removal and upon the payment of $25.00 as the City's reasonable charges of removal and storage. Upon failure of the owner to claim such newsrack and pay the reasonable charges within this 30-day period, such newsrack shall be deemed to be unclaimed property and be disposed as such.

• D. Within 10 days of the notice of violation, or notice of removal of a newsrack summarily

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.92.100

§ 5.92.150

impounded, the person in whose name the newsrack is permitted pursuant to Section 5.92.030, or other person who provides satisfactory proof of ownership, may request a hearing before the Director of Public Works or designee. The request shall be in writing, shall state the basis thereof and shall be filed with the Director of Public Works.

The hearing shall be held within 10 working days of the filing of the request, unless continued for good cause. At the hearing any person may present evidence or argument as to whether the use of the newsrack has violated this chapter. Within five working days after the close of the hearing, the Director of Public Works or designee, shall render a decision in writing. Notice of the decision shall be given to the person who requested the hearing within five working days of the hearing. This decision shall be final.

• E. All notices shall be sent by certified mail to the permittee at the address shown on the permit or other address designated by the permittee.

• F. The City's charge for permitting, removal and storage may be amended by resolution of the City Council.

• (Ord. 23-96; Ord. 16-04)

Every permittee who places or maintains a newsrack on a public right-of-way in the City shall execute a written agreement provided by the Director of Public Works, satisfactory to the City Attorney, whereby he or she agrees to indemnify and hold harmless the City, its officers, directors or employees from any loss or liability or damages, including expenses and costs, for bodily injury and property damage sustained by any person as a result of the location, installation, use, maintenance, removal or storage of a newsrack within the City. (Prior code 7960.6; Ord. 26-75; Ord. 23-96)

It is unlawful for any person or custodian, whether as a principal or agent, or employee, either for himself or herself or for any other person or body corporate or as an officer of any corporation or otherwise, to place or permit the placement of any publication in a newsrack within the City unless either the publisher or the distributor has a valid business license with the City. (Prior code 7960.8; Ord. 26-75; Ord. 23-96)

The provisions of this chapter shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of its provisions. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with this chapter within one year of the effective date thereof. (Ord. 16-04)

If no permit has been obtained for a newsrack that is located in a public right-of-way or other public property or no permit is affixed to the newsrack or the permit has expired, it may be removed immediately and processed as set forth in Section 5.92.100(B). (Ord. 16-04)

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City of Orange, CA § 5.92.150

ORANGE CODE

§ 5.92.150

Any person violating any of the provisions of this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $50.00 for a first violation; a fine not exceeding $100.00 for a second violation of the same section within two years; and a fine not exceeding $250.00 for each additional violation of the same section within two years. Each day that such violation is committed or permitted to continue shall constitute a separate and distinct offense.

(Prior code 7960.12; Ord. 26-75; Ord. 1-80; Ord. 23-96)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.94.010

§ 5.94.030