Petaluma Municipal Code Ch. 13.06 Newsrack Regulations Within the Central Business District

A. There is a substantial governmental interest in promoting the public health, safety, welfare and convenience

by ensuring use of the public rights-of-way without unreasonable interference.

B. The public health, safety, welfare and convenience require that:

1. Unreasonable interference with vehicular or pedestrian traNc be avoided;

2. Obstruction of views of traNc, traNc signs and pedestrians be eliminated;

3. Damage to sidewalks and streets be minimized and repaired;

4. The go od appearance of the public streets and grounds be maintained;

5. Trees and other landscaping be allowed to grow undisturbed;

6. Access to emergency and other public facilities be maintained; and

7. Ingress and egress from properties adjoining public rights-of-way be maintained.

C. The unregulated placement of standalone newspaper boxes in public rights-of-way may unreasonably

interfere with use of the public rights-of-way, and may present hazards to persons or property.

D. The city has a substantial governmental interest in preserving the unique aesthetic character of the Central

Business District and preventing unreasonable interference and obstruction with vehicular or pedestrian traNc.

E. Use of public rights-of-way for the sale and distribution of newspapers and other publications from

newspaper boxes or similar structures is constitutionally protected.

F. The purpose of the regulations set forth in this chapter is to ensure that the placement and appearance of

shared structures and newsracks in the public rights-of-way do not unreasonably interfere with the public health,

safety and convenience, to preserve the aesthetic character of the Central Business District and to prevent

unreasonable interference and obstruction with vehicular or pedestrian traNc.

G. It is intended that the provisions of this chapter, and compliance with such provisions, shall be consistent with

the requirements of the Americans with Disabilities Act and related laws.

H. The regulation of shared structures and newsracks as set forth in this chapter provides the least intrusive and

burdensome means for ensuring the purposes stated in this section are carried out while still providing ample

opportunities for the distribution of news, opinion and information to the public.

I. This chapter is not intended to regulate the placement of shared structures and/or newsracks on private

property or property under the jurisdiction of any public agency other than the city.

(Ord. 2197 NCS §l, 2004.)

Whenever the following words or phrases are used in this chapter, they shall have the meaning ascribed to them

by this section:

A. "Central Business District" or "CBD" means the downtown area as depicted on the "CBD Map" attached to this chapter as Attachment A.1

B. "Distributor" means a person or entity responsible for placing, installing and maintaining a shared structure

and/or a newsrack in a public right-of-way.

C. "Newsrack" means any self-service or coin-operated slot, container, storage unit or other dispenser intended

to Lt within a shared structure in conformity with the standards set forth in Section 13.06.060 of this chapter,

installed, used or maintained for the display, sale or distribution of one newspaper, periodical or other publication.

D. "Public right-of-way" means any area used or intended for use by the public for pedestrian or vehicular travel

within the city, including, but not limited to, public streets, highways, roadways, sidewalks, median strips, plazas or

alleys.

E. "Shared Structure" means any portion of a modular newspaper dispenser such as the pedestal and modular

trays but not including the newsrack and which may be owned and maintained by one or more distributors and is

in conformity with the standards set forth in Section 13.06.060.

(Ord. 2197 NCS §l, 2004.)

1 Editor’s Note: Attachment A, referred to herein, may be found on Lle in the oNce of the City Clerk.

No distributor shall place, install, use or maintain any shared structure within, or encroaching upon, public

property or a public right-of-way within the Central Business District except in compliance with the provisions of

this chapter. The provisions of this chapter constitute the exclusive requirements for shared structures and/or

newsracks located on public property or in public rights-of-way within the Central Business District. (Ord. 2197

NCS §1 (part, 2004.)

A. Each distributor shall obtain a permit from the city prior to placing, installing or maintaining a shared

structure or newsrack on public property or within a public right-of-way.

B. Permit Application. Application for a permit shall be made to the community development director or his/her

designee on the form provided by the city. Each permit application shall include and be accompanied by the

following:

1. The name, address and telephone number of the applicant and the person(s) responsible for placement,

installation, and maintenance of the shared structure and/or newsrack(s);

2. The number of shared structures and/or newsracks to be placed or installed;

3. A description of the proposed location for placement or installation of each shared structure and/or

newsrack;

4. The type or brand of shared structure and/or newsrack, including a description suNciently detailed to

demonstrate conformity with the requirements of this chapter;

5. A nonrefundable fee, in the amount established by resolution or ordinance of the city council; and

6. Evidence of insurance in an amount and form acceptable to the city risk manager.

C. Review and Action on Application. Applications will be processed in the order received. The content or

viewpoint of the material to be distributed from a newsrack shall not be considered in reviewing and acting on the

application. Upon receipt of a complete application, a permit shall be issued within ten business days if the style,

type and location of the shared structure(s) and/or newsrack(s) meet the standards set forth in this chapter.

Alternatively, if an application for a permit is denied, the applicant shall be notiLed in writing of the reason for

denial within ten business days of receipt of the application, and of the right to appeal in accordance with Section

13.06.120 of this chapter.

D. Amendment. A distributor may place, install and maintain additional shared structures and/or newsracks by

obtaining an amendment to the original permit pursuant to the rules and procedures of subsection B of this

section.

E. Permits are valid for one year from the date of issuance and shall be automatically renewed for one year on

each anniversary date unless a notice of nonrenewal is sent to the distributor by the community development

director thirty days prior to the expiration date.

F. Permit holders are responsible for notifying the city of any changes to the name, address or telephone

number of the person(s) responsible for placement, installation and maintenance of each permitted shared

structure and/or newsrack.

(Ord. 2197 NCS §l, 2004.)

Shared structures and newsracks shall be permitted only in the locations designated on the CBD Map attached to this ordinance as Attachment A2. The city manager or his/her designee shall have the discretion to choose the size,

style, and color of permitted shared structures and newsracks within the Central Business District once every Lve

years. (Ord. 2197 NCS §1, 2004.)

2 Editor’s Note: Attachment A, referred to herein, may be found on Lle in the oNce of the City Clerk.

Any shared structure and/or newsrack in the Central Business District which rests, in whole or in part, upon or

within public property or a public right-of-way, or which projects onto, into or over public property or a public

right-of-way shall comply with the standards set forth in this section.

A. In order to minimize aesthetic impact and increase safety in the distribution of publications, shared structures

and newsracks shall face away from the street whenever possible.

B. No advertising signs or material shall be displayed on the exterior of a shared structure and/or newsrack;

except that, such advertising signs or material may be displayed on the front of a shared structure and/or

newsrack; and except that, not more than one publication name for every newsrack and/or every newsrack

contained in a shared structure may be placed on the back of the newsrack or shared structure within two inches

from the top of the newsrack or structure. Such publication names displayed on the back of newsracks or shared

structures shall be in standard two-inch size letters and font as speciLed under the permit.

C. Each coin-operated newsrack shall be equipped with a coin-return mechanism, which shall be maintained by

the distributor in good working order.

D. A notice shall be aNxed to each newsrack providing the name and address of the distributor, including a

current telephone number for reporting a malfunction and for obtaining a refund in the event of a malfunction of

a coin-return mechanism.

E. Each newsrack shall be maintained by the distributor in a neat and clean condition and in good repair at all

times. For example, without limitation, the newsrack shall be reasonably free of dirt and grease; be reasonably

free of chipped, faded, peeling or cracked paint; be reasonably tree or rust and corrosion; have no broken or

cracked plastic or glass parts; and have no broken structural parts. Shared structures shall also be maintained in

the same manner.

F. Upon the removal of any shared structure, the public right-of-way shall be returned to its original condition at

the expense of the distributor, including, but not limited to, the repair of any damage that may have been caused

by the installation or use of the newsrack.

G. In order to test the market demand for a speciLc location, a distributor may request in writing that the city

manager or his/her designee approve the installation of a temporary shared structure which does not meet the

design criteria in a location not currently permitted on the CBD Map. However, the placement criteria must be met

and the distributor must secure a permit. The temporary placement shall not exceed sixty days. Upon completion

of such sixty day period, the city manager or his/her designee may approve the location of the shared structure

and, if such approval is granted, shall amend the CBD Map to show that such location is approved. Upon such

approval, the distributor shall be permitted to place a shared structure, in conformity with the design criteria

contained in this chapter, at such approved location.

H. Distributors co-owning a shared structure are jointly and severably liable for compliance with the terms and

conditions of this chapter applicable to such newsrack.

(Ord. 2197 NCS §1, 2004.)

Any shared structure in the Central Business District which rests, in whole or in part, upon or within public

property or a public right-of-way, or which projects onto, into or over public property or a public right-of-way shall

comply with the standards set forth in this section.

A. No person shall place, install, or maintain any shared structure which projects onto, into or over any part of a

roadway or street, or which rests, wholly or in part, upon, along or over any portion of a roadway or street.

B. No person shall place, install, or maintain any shared structure which rests, in whole or in part, upon, in or

over any public sidewalk or right-of-way, when such placement, installation, or maintenance endangers the safety

of persons or property or when such site is used for public utilities, public transportation or other governmental

use, or when such placement, installation or maintenance unreasonably interferes with or impedes the Mow of

pedestrian or vehicle traNc, including access for the disabled, bicycle access, the ingress into or egress from any

residence, place of business or the use of poles, posts, traNc signs or signals, hydrants, postal service collection

boxes or other objects permitted at or near said location.

C. No shared structure shall be placed, installed, used or maintained:

1. Within Lve feet of any marked crosswalk, or within Lfteen feet of any unmarked crosswalk as measured

from the curb return, or within Lve feet of any wheelchair curb ramp not in a marked crosswalk.

2. Within Lve feet of any Lre hydrant, Lre call box, police call box or other emergency facility.

3. Within Lve feet of any driveway.

4. Within Lve feet of any bus bench or shelter.

5. Within Lfteen feet ahead of, and Lve feet to the rear of, any sign marking a designated bus stop, relative

to the direction of bus travel. Shared structures placed seven feet from the curb, measured perpendicular to

the roadway, are exempt from this limitation.

6. At any location where the clear space or sidewalk space for the passage of pedestrians is reduced to less

than four feet.

7. In such a manner as to impede or interfere with the reasonable use of any building, the activity of any

business or residence or the use of any commercial window display or sidewalk cafe.

(Ord. 2197 NCS §1, 2004.)

A. De)nitions. For the purposes of this section, the terms "harmful matter," "person," "distribute," "knowingly,"

"exhibit," and "minor," shall have the meanings speciLed in Section 313 of the California Penal Code, as may be

amended from time to time. The term "blinder rack" shall mean opaque material aNxed in front of or inside a

newsrack which prevents exposure of harmful matter to the public view.

B. Prohibition. No person shall knowingly exhibit, display, or cause to be exhibited or displayed, harmful matter

in any newsrack located in a public place from which minors are not excluded, unless blinder racks have been

installed so that the lower two-thirds of the matter is not exposed to public view.

(Ord. 2197 NCS §l, 2004.)

A. A shared structure and/or newsrack in violation of this chapter may be removed by the city subject to the

provisions of this section.

B. Notice of Removal. Except as otherwise provided in this section, before a shared structure and/or newsrack is

removed, the city shall notify the distributor(s) by written notice sent to the distributor’s last known address and

posted on the shared structure and/or newsrack providing ten business days to remedy the violation. If no

identiLcation is shown on the shared structure and/or newsrack and no permit has been issued, posting of the

notice on the shared structure and/or newsrack alone shall be suNcient. Both forms of notice shall provide

information necessary to request a hearing as provided in Section 13.06.120 to contest the notice of removal of

the shared structure and/or newsrack.

C. Immediate Removal. A shared structure and/or newsrack in violation of this chapter may be removed or

relocated immediately and without such prior notice if the violation poses a signiLcant danger to pedestrians or

vehicles. The city will make a good faith eOort to promptly notify the distributor of such removal or relocation.

D. The city may remove a shared structure and/or newsrack from public property or the public right-of-way if:

1. The distributor responsible for such shared structure and/or newsrack has neither requested a hearing

before the city manager nor remedied the violation within ten business days following the date of notice; or

2. Following a hearing to contest removal, the distributor responsible for such shared structure and/or

newsrack fails to remedy the violation or to appeal the decision within ten business days after receiving

notice of the city manager’s decision Lnding a violation and ordering removal.

E. Abandoned Shared Structure and/or Newsracks. Any shared structure and/or newsrack which has been left

empty for a period of thirty days shall be deemed abandoned, except a newsrack remaining empty due to a labor

strike or other extraordinary interruption of distribution of the publication distributed from that shared structure and/or newsrack. The city may remove an abandoned shared structure and/or newsrack from public property or a

public right-of-way pursuant to the provisions described in Section 13.06.090(B).

F. Shared structures and/or newsracks removed by the city shall be retained by the city for thirty days, subject

to recovery by the distributor or other person evidencing ownership. Shared structures and/or newsracks which

are not claimed by the distributor or rightful owner within thirty days following removal shall be deemed

permanently abandoned and may be disposed of by the city.

(Ord. 2197 NCS §1, 2004.)

Newsracks or newspaper boxes lawfully in existence within the Central Business District on the eOective date of this chapter3 shall be allowed to remain at the same location for a period of three months following the eOective date of this ordinance, provided that within sixty days following the eOective date of this chapter3, the distributor

provides the community development director with a written report identifying the number and location of each

such newsrack or newspaper box. (Ord. 2197 NCS §1, 2004.)

3 Editor’s Note: Ordinance No. 2197 NCS, codiLed as Chapter 13.06 became eOective January 6, 2005.

Each distributor installing, operating or maintaining a shared structure and/or newsrack upon public property or

within the public right-of-way shall agree, prior to issuance of a permit, to indemnify, defend and hold harmless

the city, its oNcers, oNcials, employees, agents and volunteers from any loss, liability, damage, claims, expenses

or cost (collectively "liability") sustained by any person or property, arising from the installation, operation,

maintenance or use of such shared structure and/or newsrack except such liability caused by the sole negligence

or willful misconduct of the city. (Ord. 2197 NCS §1, 2004.)

Any applicant or distributor may request a hearing before the city manager or his/her designee to contest any

notice, action, decision or determination made pursuant to the provisions of this chapter. Such request for a

hearing shall be made in writing and Lled with the city manager’s oNce within ten business days following date of

the action, decision or determination. The matter shall be scheduled to be heard by the city manager or his/her

designee within ten business days following receipt of the request, or on a date mutually agreeable to the parties.

The hearing shall be informal, but oral and written evidence may be given by both sides. At the conclusion of the

hearing, the city manager or his/her designee shall aNrm, modify, or vacate the action, decision or determination

being contested. The applicant or distributor may appeal the decision of the city manager or his/her designee to the city council by Lling a request for appeal in writing within ten business days to the city clerk. The city council

shall hear such appeal within ten business days following receipt of the request by the city clerk, or on a date

mutually agreeable to the parties. The decision of the city council shall be Lnal and subject to immediate judicial

review. Other than removal pursuant to Section 13.06.090(C), no shared structure and/or newsrack shall be

removed by the city if a request to contest or appeal, if timely Lled, is pending. (Ord. 2197 NCS §1, 2004.)