Pismo Beach Municipal Code Ch. 12.10 Newsracks

This chapter establishes a permitting process, and sets standards to regulate design, placement, installation, or maintenance of newsracks in the city. This chapter sets regulations to ensure enforcement of these standards, and collection and payment of appropriate fees. Permits are required and may be issued for newsrack spaces in city-owned newsracks, or for privately owned newsracks. In its enactment of the ordinance to add this chapter to the Municipal Code, the City Council approved specific findings of fact related to the need, purpose and scope of this chapter. Those findings adopted by the City Council are incorporated by reference as though each was set forth in fully in this chapter.

(Ord. O-2023-001 § 2, 2023: Ord. O-2021-005 § 4 (part), 2021)

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

A. "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.

B. "City Manager" means the City Manager or designee.

C. "Highway" means all area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, parking lots, alleys, and sidewalks.

D. "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.

E. "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.

F. "Full newsrack space" means space to accommodate a full-size publication such as a complete newspaper or publications at minimum eleven by eleven inches in size.

G. "Half newsrack space" means space to accommodate publications less than full size, such as a magazine or publications smaller than eleven by eleven inches in size.

H. "Parkway" means that area between the edge of the roadway and the adjacent property line, excluding that area occupied by the sidewalks. Parkway shall also include any area within a roadway that is not open to vehicular travel.

I. "Roadway" means that portion of the public right-of-way improved, designed, or ordinarily used for vehicular travel.

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

(Ord. O-2021-005 § 4 (part), 2021)

A. No person shall place, install, maintain, operate, or cause to be placed, installed, maintained, or operated a newsrack on, within, or projecting into a public right-of-way or public property, or use or place any material, including but not limited to publications, into a city-owned newsrack space, without first securing a permit from the city pursuant to this chapter.

B. An application for a permit required by this chapter shall be made at least twenty (20) business days prior to the placement of any newsrack or any material or publication in a city-owned newsrack space.

(Ord. O-2023-001 § 3, 2023: Ord. O-2021-005 § 4 (part), 2021)

A. Applications for permits for newsrack(s) or city-owned newsrack space(s) shall be made to the City Manager.

B. Applications for newsrack(s) to be placed, installed, maintained, and operated by the applicant shall include the following:

1. The name, business name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack;

3. A description, including a map and/or elevation diagram as appropriate, of the requested location(s) for the newsrack(s);

4. Specifications for the size, weight, dimensions, and appearance of the requested newsrack(s) and how the newsrack(s) will be secured;

5. The number of full newsrack spaces and half newsrack spaces in the newsrack.

C. Applications for a newsrack space in a city-owned newsrack shall include the following.

1. The name, business name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant's newsrack space;

• 3. The location of the existing newsrack into which the applicant wishes to locate;
• 4. Whether the requested newsrack space is a full newsrack space or half newsrack space;
• 5. Whether the requested newsrack space will include a payment mechanism.

D. There shall be an annual permit application fee for each newsrack and city-owned newsrack space in accordance with the master fee schedule adopted by the City Council. The annual permit application fee shall be set for each separate publication or other material to be placed in a newsrack space in a city-owned newsrack; a separate fee shall apply to each city-owned newsrack space, per full newsrack space and per half newsrack space. The fee for a newsrack permitted under this chapter shall be calculated by the number and type of newsrack spaces available in the newsrack.

(Ord. O-2023-001 § 4, 2023: Ord. O-2021-005 § 4 (part), 2021)

A. Upon determination that an application meets the requirements of this chapter, the City Manager shall issue a permit for either (1) the placement of a publication or other material within a newsrack space in a city-owned newsrack, or the (2) placement, installation, operation, and maintenance of a newsrack by the applicant. Each permit issued shall be deemed to incorporate as a condition to the permitted activity, the requirement of the permittee to comply with all the provisions of this chapter.

B. Permits shall be limited and remain valid for one (1) year; annual renewal shall require a separate application, fee, and permit approval.

C. Permits shall not be transferrable from one location to another; permits shall not be assignable from one person or entity to another.

(Ord. O-2023-001 § 5, 2023: Ord. O-2021-005 § 4 (part), 2021)

Each permittee shall affix to, or permanently display, in plain view, upon each newsrack or newsrack space a permit sticker provided by the city to identify the permitted use of the newsrack space. Newsracks placed, installed, or maintained without a permit sticker will be removed by the city in accordance with this chapter at the sole cost of the permittee, the newsrack installer, or the owner of the newsrack.

(Ord. O-2021-005 § 4 (part), 2021)

Each person owning, installing, operating, maintaining, or using a newsrack or newsrack space (including a city-owned newsrack space) upon or within the public property, rights-of-way, or public easements adjacent to streets of this city, as a condition to such installation, operation, or use shall indemnify and hold harmless the city, its officers and employees from any loss, liability, damage, or cost sustained by any person or property, arising from the ownership, installation, operation, maintenance, or use of the newsrack or newsrack space.

(Ord. O-2023-001 § 6, 2023: Ord. O-2021-005 § 4 (part), 2021)

A. Requirements for newsracks not owned by the city.

1. Placement of newsracks.

a. Each newsrack at a given location shall be part of a multi-unit modular configuration subject to standards set forth in this chapter. Each newsrack 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 residential districts within the city;

c. Newsracks shall be placed adjacent to the wall of a building or near a curb. Newsracks placed adjacent to the wall of a building shall be parallel to such wall and not more than six (6) inches from the wall. Newsracks placed near a curb shall be placed not less than eighteen (18) inches and no more than twenty-four (24) inches from the edge of the curb. The newsrack shall face the sidewalk. The City Manager may approve an exception to these locations for public access purposes;

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

i. Opposite another newsrack;

ii. Within five (5) feet of any marked or unmarked crosswalk;

iii. Within five (5) feet of any fire hydrant or other emergency facility;

iv. Within five (5) feet of any driveway;

v. Within five feet (5) of any bus bench or sign marking a designated bus stop;

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

vii. Within two (2) feet of any area improved with lawn, flowers, shrubs, or trees or within two (2) 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;

viii. At any location, in the opinion of the Director of Public Works, where the newsrack causes, creates, or constitutes a traffic hazard;

ix. At any location, in the opinion of the Director of Public Works, where the newsrack unreasonably obstructs or interferes with access to or the use and enjoyment of abutting property;

x. Where the newsrack will endanger persons or property;

xi. Where, in the opinion of the Director of Public Works, the newsrack will unreasonably interfere with or obstruct the flow of pedestrian or vehicular traffic or access to parked vehicles on a highway; or

xii. In any way that is contrary to the City of Pismo Beach Engineering Standards.

e. Placement of newsracks on the Pier and on lateral piers, boardwalks and promenades along the beach is prohibited because such placement would constitute an unreasonable interference to the flow of pedestrians and emergency response vehicles in an area where pedestrian and emergency vehicle access is limited to the termini of these structures and limited-access stairs to the beach and where there is unsheltered exposure to wind and weather and therefore constitutes a significant risk to the health and safety of the public.

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

a. Each newsrack installed, used, or maintained on a public sidewalk or parkway, or portion thereof, shall be of the modular newsrack type specified by the Director of Public Works. Modular newsrack means a newsrack that is designed with at least two (2) newsrack spaces to accommodate the display, sale, or distribution of multiple newspapers or other written matter to the general public.

b. No newsrack shall exceed five (5) feet in height, three (3) feet in width, and three (3) feet in depth.

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, including public signs, benches, fire hydrants, or other facilities in the right-of-way. Newsracks may only be attached to private property with the prior written permission of the owner of the private property.

d. No newsrack, or groups of attached newsracks allowed under this section, shall weigh, in the aggregate, in excess of five hundred (500) pounds when empty.

e. No newsrack shall be used for advertising signs or publicity purposes other than to state the name of the newspaper or periodical being sold and the price of such periodical. No exterior signs, stickers, or advertising shall be permitted, other than the available front clear portion of the newsrack space.

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

3. Installation and maintenance.

a. Stands for newsracks shall be either a supporting structure, constructed by the city, or a multi-unit pedestal. Such pedestal shall not exceed nineteen (19) inches in height.

b. Newsracks shall be painted a color designated by the City Manager.

c. 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 or newsrack space shall be allowed to be chipped, faded, or cracked or 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.

d. 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 resulting from the installation of the material into the newsrack shall be reported to the city immediately and repaired immediately 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. The 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.

e. The installation of newsracks shall meet the same design concerns as identified for other encroachments in Section 12.32.130 of this Code.

B. Requirements for newsrack spaces in city-owned newsracks.

1. Each 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. 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.

2. Each permittee is responsible for placement of publications or other materials within the permitted newsrack space. All work undertaken shall be the sole responsibility of the permit holder, including installation and maintenance of any payment mechanism desired by the permit holder. Damage resulting to the newsrack space, other than usual wear and tear, shall be reported to the city immediately and repaired immediately 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. The 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.

C. Newsrack location limits. In general, the number of newsracks at a particular corner, intersection, or other location shall not exceed ten full newsrack spaces, including any city-owned newsracks. Any exception to this limit resulting in an increase in the number of authorized newsrack spaces at any particular location shall be determined by the City Manager subject to the following standards:

1. Whether sufficient clear space for the safe passage of pedestrians requiring amendment of the preceding limitation of five (5) feet;

2. Whether the width of the sidewalk prohibits the installation of newsracks;

3. Whether density of pedestrian traffic or vehicular traffic, or the need to access parked vehicles, necessitates fewer newsracks than the number requested. It is the purpose of this section to provide maximum public access to all publications of general interest and circulation.

(Ord. O-2023-001 § 7, 2023: Ord. O-2021-005 § 4 (part), 2021)

No person shall leave on public property for distribution or sale any newspaper, news periodical, similar publication, or other material unless such items are placed in a newsrack constructed, placed, and maintained in accordance with this chapter. Any newsrack deemed abandoned by the City Manager shall be subject to removal and destruction pursuant to this chapter.

(Ord. O-2021-005 § 4 (part), 2021)

A. Abandoned newsracks may be removed by the city and may be disposed. Before any newsrack is removed, the permittee, owner, or other person responsible for installation or maintenance of the newsrack shall be given written notice that the newsrack is suspected of being abandoned. If an abandoned newsrack is not claimed by the person responsible for that newsrack within thirty business days of receipt of notice of suspected abandonment, the city may remove the abandoned newsrack. No newsrack shall be removed if, before removal, the permittee, owner, or other person responsible for its installation or maintenance informs the city the newsrack has not been abandoned and promptly stocks and maintains the subject newsrack. If there is no permittee or the owner or person responsible for the installation, or maintenance of the newsrack is not known, the city shall take reasonable steps to identify the owner or person responsible for the installation or maintenance of the newsrack that is suspected to be abandoned and provide such notices and time for compliance provided by this section.

B. Upon removal of any abandoned newsrack, the permittee, owner, or other person responsible for its installation or maintenance shall promptly be notified and given thirty business days in which to request a hearing pursuant to Chapter 1.24 of this Code.

C. 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.

(Ord. O-2021-005 § 4 (part), 2021)

A. Each newsrack installed or maintained in violation of this chapter may be seized and removed. Prior to any newsrack being seized, the city shall issue a notice of violation to the permittee, owner, or other person responsible for installation or maintenance of the newsrack and give the permittee, owner, or other person responsible for installation or maintenance of the newsrack five calendar days in which to remedy the violation or to request a hearing to contest the removal. If there is no permittee or the owner or person responsible for the installation or maintenance of the newsrack is not known, the city shall take reasonable steps to identify the owner or person responsible for the installation or maintenance of the newsrack that is installed or maintained in violation of this chapter and provide a notice of violation and five calendar days in which to remedy the violation or request a hearing to contest removal of the newsrack. If the violation is not remedied or a hearing is not requested within five calendar days of receipt of the notice of violation, the city may seize and remove the newsrack that is the subject of the notice of violation.

B. Notwithstanding any other provision of this chapter, if a newsrack installed or maintained in violation of this chapter is creating a hazard for pedestrians or motor vehicles or is otherwise interfering with the safe use of the highway, the city may immediately remove such newsrack. If a newsrack is so removed, the city shall provide a notice of violation and removal to the permittee or, if no permittee, the owner or other person responsible for the installation and maintenance of the newsrack promptly after such removal.

C. A person receiving a notice of violation or responsible for a newsrack that has been seized and/or removed may request an appeal of the notice of violation and/or removal pursuant to Chapter 1.24 of this Code. The Administrative Hearing Officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this chapter.

D. 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. In addition, the newsrack space publications in question shall be deemed to be unclaimed property in possession of the city and may be disposed of by any means allowed by law.

(Ord. O-2021-005 § 4 (part), 2021)

A. The placement, installation, operation, maintenance, or use of any newsrack or newsrack space in violation of this chapter shall be, and the same is declared to be, a public nuisance. This chapter shall not be deemed a limitation upon any other remedies of the city authorized by law with respect to the matter herein specified.

B. In addition to any and all remedies set forth herein in connection with violations of this chapter, any violation of this chapter shall be punishable pursuant to Chapter 1.24 of this Code.

(Ord. O-2023-001 § 8, 2023: Ord. O-2021-005 § 4 (part), 2021)

Owners and persons responsible for installation and maintenance of newsracks located within the city on the effective date of the ordinance codified in this chapter shall have ninety days from said date to comply with the provisions of this chapter; thereafter, any newsrack space not in compliance shall be subject to removal by the City Manager as provided in this chapter.

(Ord. O-2021-005 § 4 (part), 2021)